Election Administration Posts
Anticipation over several high-stakes midterm elections across the country has been thick in the air in a handful of states where tight races have gone into overtime. Results have been delayed due to a variety of factors including absentee/provisional ballot counting, technical issues, and calls for a recount.
The American Law Institute is making the updated text for the forthcoming Election Administration Principles available now, in time for the midterm elections.
Sixty-one-year-old Portage County resident Larry Harmon showed up to vote in 2015 only learn his registration was canceled.
Harmon hadn’t cast a ballot since the 2008 presidential election because he saw abstention as a way to express his dismay with politics. But the Navy veteran who works as a computer consultant didn’t realize infrequent voting would trigger Ohio’s process to remove him from the voting rolls. And he wasn’t happy.
Approval of the Draft marks the completion of this Principles project.
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.