In anticipation for what could be the closest presidential election in history party officials in both campaigns have dispatched lawyers to key battleground states to address any inconsistencies in the voting process.
The focus in not squarely on the presidential race, control of both the House and Senate are up for grabs and some races are on par to rival that of the presidential election.
Both main parties are getting ready for an extremely tight race, and while actions are being taken to prevent a repeat of the Gore, Bush fiasco in 2000, each party is anticipating an outright win.
The two most prominent elections that had to be decided by the courts was Al Franken's Senate win and George W. Bush's win, following to-close-to-call election results.
"They are all bracing for Florida in 2000 - everyone wants to be in position so as not to be disadvantaged by a court decision in a tie," Steve Schmidt, John McCain's 2008 campaign manager, told Politico.
"This [is] a preventive strategy. They are largely in search of problems that don't yet exist. It's like the Cold War and nuclear capability. You want to have what the other guy has," he added.
The Democratic Campaign Committee is working with local campaigns to have contingency plans in place for contested elections.
"All the field work we are doing is the best preparation for a recount. If there is a recount, there is a plan to immediately redirect the well over 700 field staff to voter protection activities. That said, we plan to win on election night." Ryan Rudominer, Democratic Congressional Campaign Committee spokesman, said in a statement.
One attorney familiar with the Democrats' strategy said there are plans in place to immediately have lawyers contest the vote in Arizona, Texas, Maryland, Michigan, Ohio, Colorado, Florida and Virginia.