Ballot battles: the history of disputed elections in the by Edward Foley

By Edward Foley

The 2000 presidential election, with its difficulties in Florida, was once now not the 1st significant vote-counting controversy within the nation's history--nor the final. poll Battles lines the evolution of America's adventure with those disputes, from 1776 to now, explaining why they've got proved again and again not easy and delivering an institutional solution"

summary: The 2000 presidential election, with its difficulties in Florida, was once no longer the 1st significant vote-counting controversy within the nation's history--nor the final. poll Battles lines the evolution of America's event with those disputes, from 1776 to now, explaining why they've got proved over and over tricky and supplying an institutional answer"

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Considering the petition only, and not the evidence presented to the council in support of it, the opinion took apart the petition’s allegations one by one. ” To support this point, the opinion added another policy argument that would reappear throughout American history in cases of disputed elections: If elections were to be set aside for irregularities which do not affect, obviously and materially, the truth of the poll, the craft of the Judges or Inspectors might lead them to contrive such departure from duty, or to commit some irregularity, in order to overturn an election, in case they dislike the event of it.

Lawyers, indeed, generally pursue their craft in reverse chronological order: all else being equal, the most recent precedent is the most germane, and one need not search further back in time once one has found a newer case on point. I n t r o d u c t i o n 19 That this book starts with the Founding of the Republic signifies a key claim that the book makes: to achieve progress in improving the nation’s processes for resolving ballot-counting controversies, it is necessary to go all the way back to the nation’s beginning.

May have been sincere in their professed desire for the impartiality of a judicial opinion, but the two judges who complied with their request—Chief Justice Thomas McKean and Associate Justice George Bryan—happened to have solid Radical credentials. 31 In any event, the opinion delivered took the position that this group sought: the election should not be nullified just because some wrongdoing had occurred. Considering the petition only, and not the evidence presented to the council in support of it, the opinion took apart the petition’s allegations one by one.

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