Election Administration Posts
At its January 2017 meeting, the Council took several actions concerning project drafts.
From a U.S. Senate election in 1978 to a gubernatorial election in 1989 to two recent Attorney General elections, one in 2005 and another in 2013, Virginia has managed to reach closure of these disputed elections with relative dispatch—by mid-December in all four instances—and without contentious or protracted litigation.
The idea of expedited procedures is hardly foreign to American law. Indeed, its application to elections—and specifically recounts—is not without precedent. It is perhaps surprising that more states have not adopted specific procedural mechanisms for the expedited adjudication of disputes over the counting of ballots in a presidential election.
Election Law Procedures, Early and Absentee Voting and Resolution of a Disputed Presidential Election, Now AvailableJennifer Morinigo
The American Law Institute has released its updated Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, Part I: Principles of Non-Precinct Voting: Early In-Person Voting and Absentee Voting and Part III: Procedures for the Resolution of a Disputed Presidential Election. ALI is making these Principles available to be downloaded now on its website.