Subject: Re: en banc decision
From: Karl Manheim
Date: 9/23/2003, 11:56 AM
To: "J. J. Gass" <jj.gass@nyu.edu>
CC: election-law_gl@majordomo.lls.edu

Wouldn't it also be "speculative" after a close election that enough 
of the residual votes would have gone to the losing side to 
"influence the result of the election"?  Even if the vote margin is 
less than the number of residual votes.

In other words, if proof (or even likelihood) of different outcome is 
the standard for a remedy in election EP violations, how do 
plaintiffs ever win?



Karl Manheim
Loyola Law School
919 S. Albany St.
Los Angeles, CA  90015
Tel:   213-736-1106
Fax:   240-414-7747
Web:   http://faculty.lls.edu/manheim

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