[EL] Procedural Fairness in Election Contests

[Josh Douglas]

Folks,

Just in time for Super Tuesday, I've uploaded my article, *Procedural
Fairness in Election Contests*, to SSRN.  You can access it here:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016378##.  It is
forthcoming in the Indiana Law Journal.  Here is the abstract:

Post-election disputes have become a fairly routine part of election
campaigns. From Bush v. Gore to Al Franken versus Norm Coleman in Minnesota
to Lisa Murkowski versus Joe Miller in Alaska, states have frequently been
asked to resolve the proper winner of an election. How do states go about
doing this? What processes and procedures are in place for these election
contests? This article uncovers the myriad election contest provisions
among the states, examining the procedural mechanisms states use to tackle
these disputes. States vary widely – sometimes sending an election contest
to its legislature, other times directing the challenge to its judiciary,
and still in other situations creating a special tribunal to consider the
case. This article provides the first comprehensive look at all fifty state
election contest provisions. First, the article groups election contest
codes by type of election, showing how states approach election contests
for state representatives, governor and lieutenant governor, judges (for
those states that have elected judiciaries), members of Congress, and
presidential electors. Second, the article looks at common traits among
election contest provisions, focusing on statutory deadlines, details on
how state judiciaries resolve election disputes, and the appeals process.
Third, the article calls on states to evaluate their election contest
provisions, with a particular focus on rooting out ideology or bias in the
decision maker. The article offers one possible mechanism to minimize
ideological decision making: the creation of a five-member election contest
tribunal with two “partisans” and three “neutrals,” as well as a diversity
of expertise among the panel members.

Josh

-- 
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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