Skip to main content
Search
Cart 0
0

User account menu

  • Sign In

Main navigation

Sign In
  • About us
    • About ALI Overview
    • Frequently Asked Questions
    • Governance
      • Governance
      • Officers
      • Council
      • Committees
        • Committees
        • Standing Committees
        • Special Committees
        • Joint Committees
    • Awards
      • Awards
      • Henry J. Friendly Medal
      • John Minor Wisdom Award
      • Distinguished Service Award
      • Reporter's Chairs
      • Early Career Scholars Medal
    • Contact Us
      • Contact Us
      • ALI Staff
      • Employment Opportunites
    • ALI CLE
    • Video Library
  • Publications
    • All Publications
    • Get Email Updates
    • Trial Manual Electronic Publication
    • Style Manual
    • Reprint Permission
    • Publications FAQ
    • Customer Service
  • Projects
    • All Projects
    • Project Life Cycle
    • Style Manual
  • Meetings
    • All Meetings
    • Health and Safety
  • Members
    • Members Overview
    • About Our Members
      • About Our Members
      • In Memoriam
      • Regional Advisory Groups
      • Milestones
      • Newly Elected Members
    • Member Directory
    • Make a Gift
    • Membership FAQ
  • Giving
    • Giving Overview
    • Annual Fund
    • 100 for 100
    • Member Giving Circles
    • Life Member Class Gift
      • Life Member Class Gift
      • 2000 Life Member Class Gift
      • 1999 Life Member Class Gift
    • Sustaining Members
    • Ways to Give
    • Planned Giving
    • Law Firm Giving
    • Fundraising Disclosure Statement
    • Contact Us
  • News
    • News
    • Quarterly Newsletter
    • Podcast
    • Press Releases
    • Video Library
    • Annual Reports
    • ALI In the Courts
    • ALI CLE Programs
Donate
  1. Home
  2. News
  3. Election Dispute Resolution Principles Available
Home Election Dispute Resolution Principles Available
  1. News
In the News

Election Dispute Resolution Principles Available

December 07, 2020
Image ElectionAdministration.jpg

The American Law Institute’s Principles for resolving disputed elections are now available.  Download Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes:

Part II. Principles for the Resolution of Ballot-Counting Disputes

Part III. Procedures for the Resolution of Disputed Presidential Election

The Principles apply to any type of elective office and are structured to be useful to multiple audiences, including state legislatures, state courts, and state officers such as secretaries of state and local election officials. The project is divided into three Parts.

Parts II and III address how states can manage post-election disputes, with Part II focusing on elections generally and Part III concentrating on the procedures necessary in disputed presidential elections in light of unique scheduling constraints.

The animating principle throughout is that government officials and institutions involved in counting ballots should neither favor, nor appear to favor, one side in the implementation of ballot-counting rules and that procedures should be adopted to promote a sense of legitimacy and integrity of the vote-counting and election process.

Section Details:

PART II. Principles for the Resolution of Ballot-Counting Disputes

Subpart A. General Principles

§ 201.    Maximum Clarity and Specificity in Advance of the Electio
§ 202.    Transparency
§ 203.    Equal Treatment
§ 204.    The Accurate Counting of Eligible Ballots
§ 205.    Duty of Nonpartisanship
§ 206.    Certification of the Election Before the Term of Office Begins

Subpart B. Specific Procedures

§ 207.    Disputing the Eligibility of Uncounted Ballots
§ 208.    Determining the Eligibility of Provisional Ballots
§ 209.    Verification of the Returns
§ 210.    Recounting of Previously Counted Ballots
§ 211.    Recount Procedures
§ 212.    Final Administrative Certification of an Election
§ 213.    Judicial Contest of a Certified Election
§ 214.    Pre-Certification Petition to Nullify Election Because of Calamity
§ 215.    Chain-of-Custody
§ 216.    Multiple Ballots Cast by a Single Individual

PART III. Procedures for the Resolution of a Disputed Presidential Election

§ 301.    Definitions
§ 302.    Applicability and Objective
§ 303.    Declaration of Expedited Presidential Recount
§ 304.    Presidential Election Court: Appointment
§ 305.    Presidential Election Court: Authority
§ 306.    Electronic Filing and Service
§ 307.    Initial Phase of Presidential Recount by Local Authorities
§ 308.    Presidential Election Court’s Review of Local Recount Rulings
§ 309.    Appeal to State Supreme Court of Recount Review
§ 310.    Conduct of Canvass by Local Authorities
§ 311.    Certification of Canvass
§ 312.    Presidential Election Court’s Review of Canvass: Petition and Participants
§ 313.    Presidential Election Court’s Review of Canvass: Deadline and Proceedings
§ 314.    Appeal to State Supreme Court of Canvass Review
§ 315.    Judicial Contest of Certified Vote Totals: Petition
§ 316.    Contest of Certified Vote Totals: Deadline and Proceedings
§ 317.    Appeal to State Supreme Court of Contest Determinations
§ 318.    Final Certification of Presidential Election
§ 319.    Cessation of Expedited Procedures If No Longer Necessary

For more information or to request a complete copy of the Principles, email communications@ali.org.

More News

See All

Annual Meeting Daily Update – Tuesday, May 20

The second day of our Annual Meeting agenda included several project sessions, luncheon remarks from a federal circuit judge, the presentation of the John Minor Wisdom Award, and more. Read below for a recap of the day’s events. Yesterday's recap is available here.

Annual Meeting Daily Update – Monday, May 19

The Annual Meeting opened with the call to order by ALI President David F. Levi, where he discussed the strong state of the Institute, highlighting the importance of our deliberative process. It continued with the presentation of reports and business, including membership approval of new Council members.

The Annual Meeting Is Underway

Address

4025 Chestnut Street,
Philadelphia, PA 19104

215-243-1600

Footer

  • Privacy Policy
    Terms of Use
Donate

© Copyright 2024. All Rights Reserved.