It seems to me that perhaps the government can simply bypass these lawsuits by allowing anyone who wants to perform recounts to do them, subject to two conditions:
- The recounters may not damage the ballots (impose heavy fines for damaging the ballots, and insure the ballots against damage too).
- The recounters pay for the recount.
In this scenario, either the recounts find fraud, or with an appropriately high price for #2, the government profits - which sounds like win-win.
Does this work? If so, why hasn't it been implemented? If not, why not?