Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes Image
Principles of the Law,

Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes

This work is focused on the principles, rules, and procedures applicable to recounts and ballot disputes, as well as the rules for “non-precinct” voting—the casting of ballots by means other than traditional polling places on election day.

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  •  
    Revised Tentative Draft Nos. 1 and 2
    377 pages, 2018, #1PELREDTD12R

    The ALI membership approved this material at Annual Meetings on May 16, 2016, and May 22, 2017, in each case, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

    Revised Tentative Draft Nos.1 & 2 contains - Part I Principles of Non-Precinct Voting: Early In-Person Voting and Open Absentee Voting; Part II Principles for the Resolution of Ballot-Counting Disputes, Subpart A General Principles, Subpart B Specific Procedures; PART III Procedures for the Resolution of a Disputed Presidential Election Disputed Presidential Election Calendars; Appendix Black Letter of Tentative Draft Nos. 1 and 2. This material may be cited as representing the Institute’s position until the official text is published.

     

     
  •  
    Tentative Draft No. 2
    Tentative Draft No. 2
    180 pages, 2017, #1PELREDTD2

    Project Status at a Glance  xii

    Foreword  xiii

    Reporters’ Memorandum  xvii

    PART II. PRINCIPLES FOR THE RESOLUTION OF

    BALLOT-COUNTING DISPUTES

    Introductory Note  1

    SUBPART A. GENERAL PRINCIPLES

    § 201. Maximum Clarity and Specificity in Advance of the Election  3

    § 202. Transparency  23

    § 203. Equal Treatment  27

    § 204. The Accurate Counting of Eligible Ballots  31

    § 205. Duty of Nonpartisanship  42

    § 206. Certification of the Election Before the Term of Office Begins  48

    SUBPART B. SPECIFIC PROCEDURES

    Introductory Note  54

    § 207. Disputing the Eligibility of Uncounted Ballots  56

    § 208. Determining the Eligibility of Provisional Ballots  61

    § 209. Verification of the Returns  69

    § 210. Recounting of Previously Counted Ballots  72

    § 211. Recount Procedures  77

    § 212. Final Administrative Certification of an Election  80

    § 213. Judicial Contest of a Certified Election  81

    § 214. Pre-Certification Petition to Nullify Election Because of Calamity  93

    § 215. Chain-of-Custody  95

    § 216. Multiple Ballots Cast by a Single Individual  97

    Appendix A. Black Letter of Tentative Draft No. 2  101

    Appendix B. Other Relevant Black-Letter Text  123

    Tentative Draft No. 2 contains Part II, Principles for the Resolution of Ballot-Counting Disputes which includes Subparts A (General Principles) and B (Specific Procedures). At the 2017 Annual Meeting, the membership voted to approve the draft, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval of Part II marks the completion of this project.

    180 pages, 2017, #1PELREDTD2E

    Project Status at a Glance  xii

    Foreword  xiii

    Reporters’ Memorandum  xvii

    PART II. PRINCIPLES FOR THE RESOLUTION OF

    BALLOT-COUNTING DISPUTES

    Introductory Note  1

    SUBPART A. GENERAL PRINCIPLES

    § 201. Maximum Clarity and Specificity in Advance of the Election  3

    § 202. Transparency  23

    § 203. Equal Treatment  27

    § 204. The Accurate Counting of Eligible Ballots  31

    § 205. Duty of Nonpartisanship  42

    § 206. Certification of the Election Before the Term of Office Begins  48

    SUBPART B. SPECIFIC PROCEDURES

    Introductory Note  54

    § 207. Disputing the Eligibility of Uncounted Ballots  56

    § 208. Determining the Eligibility of Provisional Ballots  61

    § 209. Verification of the Returns  69

    § 210. Recounting of Previously Counted Ballots  72

    § 211. Recount Procedures  77

    § 212. Final Administrative Certification of an Election  80

    § 213. Judicial Contest of a Certified Election  81

    § 214. Pre-Certification Petition to Nullify Election Because of Calamity  93

    § 215. Chain-of-Custody  95

    § 216. Multiple Ballots Cast by a Single Individual  97

    Appendix A. Black Letter of Tentative Draft No. 2  101

    Appendix B. Other Relevant Black-Letter Text  123

    Tentative Draft No. 2 contains Part II, Principles for the Resolution of Ballot-Counting Disputes which includes Subparts A (General Principles) and B (Specific Procedures). At the 2017 Annual Meeting, the membership voted to approve the draft, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published. Membership approval of Part II marks the completion of this project.

     
  •  
    Revised Tentative Draft No. 1 - Part III only
    #1PELREDPART3E

     

    This excerpt from Revised Tentative Draft No. 1 contains only Part III, Procedures for the Resolution of a Disputed Presidential Election, as revised after the 2016 Annual Meeting. The content has been approved by the membership and represents the position of the Institute on the issues with which it deals.

     
  •  
    Revised Tentative Draft No. 1
    2016, #1PELREDTD1ER

     

    Revised Tentative Draft No. 1 contains Part I, Principles of Non-Precinct Voting: Early In-Person Voting and Open Absentee Voting, and Part III, Procedures for the Resolution of a Disputed Presidential Election, as revised after the 2016 Annual Meeting. The content has been approved by the membership and represents the position of the Institute on the issues with which it deals.

     
  •  
    Report to ALI
    Report to ALI
    102 pages, 2012, #1PELREDRA

    Principles of Election Law: Resolution of Election Disputes Report to ALI

    Softbound  | 1PELREDRA  | 2012  | 102 pages  | $25.00  

    Model Calendar for the Resolution of Disputed Elections (8/9-week version) 

    Reporter’s Notes on Model Calendar for the Resolution of Disputed Elections (8/9-week  version)  

    Model Calendar for the Resolution of Disputed Presidential Elections (5-week version) 

    Reporter’s Notes on Model Calendar for the Resolution of Disputed Presidential Elections (5-week version)

    Expedited Procedures for an Unresolved Presidential Election 

    The Resolution of Ballot-Counting Disputes 

    How Fair Can Be Faster: The Lessons of Coleman v. Franken (page proofs) 

    Non-Precinct Voting 

    Appendix: Lessons from Minnesota 2008 and Beyond: Reforming the Absentee Voting Process 

    This Report to ALI was submitted for, discussion only, at the 2012 Annual Meeting.

    102 pages, 2012, #1PELREDRAE

    Principles of Election Law: Resolution of Election Disputes Report to ALI

    Softbound  | 1PELREDRA  | 2012  | 102 pages  | $25.00  

    Model Calendar for the Resolution of Disputed Elections (8/9-week version) 

    Reporter’s Notes on Model Calendar for the Resolution of Disputed Elections (8/9-week  version)  

    Model Calendar for the Resolution of Disputed Presidential Elections (5-week version) 

    Reporter’s Notes on Model Calendar for the Resolution of Disputed Presidential Elections (5-week version)

    Expedited Procedures for an Unresolved Presidential Election 

    The Resolution of Ballot-Counting Disputes 

    How Fair Can Be Faster: The Lessons of Coleman v. Franken (page proofs) 

    Non-Precinct Voting 

    Appendix: Lessons from Minnesota 2008 and Beyond: Reforming the Absentee Voting Process 

    This Report to ALI was submitted for, discussion only, at the 2012 Annual Meeting.