Soon we also will know whether the election is close enough to generate a recount in a state the electoral votes of which would determine the presidency. I think it's likely that we'll see a recount somewhere. The tougher question is whether such a recount will be dispositive as it was in Florida in 2000. There are many reasons to be concerned about this happening again. As the good folks at the Brennan Center for Justice note, of all the recount procedures in battleground states, only New Hampshire requires hand-counting of ballots during a recount.

But those are contingencies. Let's return to what we know voters will face. Before the details, a few quick observations. Guns are on the ballot only in Louisiana. Affirmative action is on the ballot only in Oklahoma. And the election of 2012 is notable for what isn't on the ballot. Unlike the election of 2010, for example, there are no "sharia law" provisions this year. Four such measures were introduced but rejected this cycle, probably because it became apparent after the 2010 election cycle that such laws are patently unconstitutional.

Here now is a list of some of the law-related election battles I'll be following into Tuesday and beyond. After the votes are counted, I'll be back next week with a follow-up to share with you how these races turned out. If you have any suggestions for inclusion on this list by all means let me know with a comment below. I offer these in no particular order of significance.

1. California and the death penalty. Proposition 34 would end the state's costly and inefficient experiment with capital punishment and transform all existing death penalties (725 in all) into life sentences without the possibility of parole. Passage would mean an annual savings to California taxpayers of approximately $130 million. The Los Angeles Times has endorsed the change and so have many legislators and law enforcement officials. There are national implications here, too. If the state with the largest death row in the nation turns away from capital punishment you can bet it won't be long before some federal judge, or Supreme Court justice, cites it as an "evolving standards of decency" under Eighth Amendment law.

2. Marijuana. Voters in six states will be voting on marijuana initiatives. In Arkansas and Masschusetts, voters will decide whether to legalize, regulate, and tax medical marijuana. In Montana, voters will decide whether to repeal their 2004 medical-marijuana initiative. And in Colorado, Washington, and Oregon, voters will decide whether to legalize, regulate and tax recreational marijuana. Of the latter contests, the Colorado measure, Amendment 64, appears to have the best chance of passage. None of these measures is technically legal under federal law but the Obama Administration went on the record recently, in a 60 Minutes segment, pledging not to harass individual users.