[EL] an example of an election overturned

Sun Dec 13 17:55:05 PST 2020

There was a new election ordered by the Florida Supreme Court in 2016. I wrote about it at the time: https://www.brennancenter.org/our-work/analysis-opinion/how-bank-error-led-throwing-out-election
[https://www.brennancenter.org/sites/default/files/metatag-fallback-images/Social_placeholder_black%202.png]<https://www.brennancenter.org/our-work/analysis-opinion/how-bank-error-led-throwing-out-election>
How A Bank Error Led to the Throwing Out of an Election | Brennan Center for Justice<https://www.brennancenter.org/our-work/analysis-opinion/how-bank-error-led-throwing-out-election>
The views expressed are the author's own and not necessarily those of the Brennan Center for Justice. Not to make you nervous, but on September 15 the Florida Supreme Court threw out an election and ordered a new one.The ruling raises a set of interesting questions, such as under what circumstances courts can throw out election results, especially in light of the fact that the U.S. Supreme ...
www.brennancenter.org

Ciara Torres-Spelliscy
Professor of Law
Stetson University College of Law
Brennan Center Fellow
@ProfCiara
Author of Political Brands https://www.e-elgar.com/shop/political-brands and Corporate Citizen? http://www.cap-press.com/books/isbn/9781632847263/Corporate-Citizen

[Political Brands][Corporate Citizen?: An Argument for the Separation of Corporation and State]
View my research on my SSRN: http://ssrn.com/author=584767

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From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Rob Richie <rr at fairvote.org>
Sent: Sunday, December 13, 2020 8:03 PM
To: Josh Blackman <joshblackman at gmail.com>
Cc: J Morgan Kousser <kousser at caltech.edu>; Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] an example of an election overturned

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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<mailto: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).
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Josh Blackman
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On Sun, Dec 13, 2020 at 6:29 PM J Morgan Kousser <kousser at caltech.edu<mailto: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/.

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