[EL] an example of an election overturned

Josh Blackman joshblackman at gmail.com
Sun Dec 13 16:34:14 PST 2020


Thank you for that great example. Was the lawsuit in state court, or
federal court?

My hypothetical was a bit different. The federal court does not order a
do-over of the election. The court simply invalidates the disputed ballots
(assuming they could be segregated). Could a federal court even order this
sort of remedy? (The sort of relief Trump requested).
---------------------------------------------------------------------------
Josh Blackman
*Unprecedented: The Constitutional Challenge to Obamacare
<https://amzn.to/2JDPbUL>*
*Unraveled: Obamacare, Religious Liberty, & Executive Power
<https://amzn.to/3l9QcC4>*
*An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone
Should Know* <https://amzn.to/34ASPou>


On Sun, Dec 13, 2020 at 6:29 PM J Morgan Kousser <kousser at caltech.edu>
wrote:

>   In Nashville in 1962, State Senator Richard Fulton challenged incumbent
> Congressman J. Carlton Loser (pronounced LOHser) in the Democratic primary,
> winning on election day, but losing when a suspicious number of absentee
> ballots were counted from a machine-controlled ward run by Gene ("Little
> Evil") Jacobs.  An investigation by the *Nashville Tennessean* newspaper
> found that Jacobs had stuffed the ballot box in support of Loser, and a
> subsequent lawsuit overturned the election results and ordered a rerun of
> the election, which Fulton won handily, boosting a long career in which
> Fulton was twice elected mayor.  He was one of two congressmen from Middle
> Tennessee to support the 1964 Civil Rights Act, a courageous act that
> opponents unsuccessfully sought to use against him in subsequent political
> campaigns.  Without the local political celebrity that overcoming fraud
> lent to his name, he might have become a country songwriter.  See, e.g.,
> https://peoplepill.com/people/richard-fulton/.
>
> --
> Prof. of History and Social Science, Emeritus
> 1818 Craig Ave.
> Altadena, CA 91001-3430
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> https://department-lists.uci.edu/mailman/listinfo/law-election
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20201213/0beddac8/attachment.html>


View list directory