Election Dispute Resolution Principles Available

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.