Election Litigation
The Restatement of the Law, Election Litigation’s goal is to provide guidance to federal and state court judges adjudicating election disputes, focusing on the areas governed by equitable principles and guided by judicial common law. Topics will include the “Purcell Principle” on timing of judicial intervention, the preservation of pre-established conditions for election conduct, the roles of state and federal courts in election disputes, administrative flexibility for emergencies, remedies for failed elections, and claims over exclusion of parties from the ballot and lack of voter access. The Restatement will not address broader questions bearing on the substance of election law.
Reporters
Lisa Marshall Manheim
Reporter, Election Litigation
Lisa Manheim is the Charles I. Stone Professor of Law at the University of Washington School of Law. She writes in the areas of constitutional law, election law, and presidential powers. Professor Manheim’s scholarship, which explores questions of federalism and institutionalism in the context of elections, has been widely published.
Derek T. Muller
Reporter, Election Litigation
Derek Muller of Notre Dame Law School is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
Rebecca Green
Associate Reporter, Election Litigation
Rebecca Green is a Professor of Law at William & Mary Law School. She co-directs the Election Law Program, a joint project of the Law School and the National Center for State Courts providing resources for judges deciding election disputes. In 2013, Professor Green co-founded Revive My Vote to assist Virginians with prior felony convictions regain the right to vote.
Recent Posts
Iowa and South Dakota Supreme Courts Adopt Restatement Sections
Two state high courts recently turned to the Restatements to clarify core legal standards—defining “probable cause” in will contests under no-contest clauses (Iowa) and confirming that a good-faith mistake does not negate intent in civil trespass (South Dakota).
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.
