[EL] an example of an election overturned

[Rob Richie]

The 1998 mayoral election in Miami was thrown out, and a new election
called due to absentee ballot fraud. But it's another case where they
didn't just set aside those disputed ballots. See the first part of the
story here:

https://www.nytimes.com/1998/03/05/us/fraud-ruling-invalidates-miami-mayoral-election.html
Fraud Ruling Invalidates Miami Mayoral Election
By Mireya Navarro, March 5, 1998

Citing ''a pattern of fraudulent, intentional and criminal conduct'' in the
casting of absentee ballots, a Florida judge voided Miami's mayoral
election today and ordered a new vote to be held in 60 days. The ruling,
which overturned first-round balloting on Nov. 4 that led to the runoff
election of Mayor Xavier L. Suarez, leaves the city without a mayor until
the City Commission appoints one in the interim. Under the city charter,
the commission, which is the city's legislative body and which is to meet
on Thursday, has 10 days to make such an appointment. The judge, Thomas S.
Wilson Jr. of Circuit Court here, ruling in a lawsuit brought by the
defeated incumbent, Joe Carollo, said there was no evidence that Mr. Suarez
knew about the fraud.....

On Sun, Dec 13, 2020 at 7:34 PM Josh Blackman <joshblackman at gmail.com>
wrote:

> 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
>>
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