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View Diary: Daily Kos Elections Morning Digest: Herring declares victory in AG's race, but a long road awaits (47 comments)

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  •  If nothing else ... (3+ / 0-)
    Recommended by:
    HudsonValleyMark, nextstep, VClib

    Bush v Gore stands for the proposition that ballots in the same election should be counted the same way.  From the per curiam decision:

    The recount process, in its features here described, is inconsistent with the minimum procedures necessary to protect the fundamental right of each voter in the special instance of a statewide recount under the authority of a single state judicial officer. Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.

     The question before the Court is not whether local entities, in the exercise of their expertise, may develop different systems for implementing elections. Instead, we are presented with a situation where a state court with the power to assure uniformity has ordered a statewide recount with minimal procedural safeguards. When a court orders a statewide remedy, there must be at least some assurance that the rudimentary requirements of equal treatment and fundamental fairness are satisfied.

    •  and perhaps that answers my question above (0+ / 0-)

      If the recount court adopts recount standards that don't meet "rudimentary requirements of equal treatment and fundamental fairness," that would be an analogue to Bush v. Gore.

      I venture that that is vanishingly unlikely, but we can wait and see.

      Whether there could be other plausible equal protection grounds, dunno. In principle, absolutely.

      This wording is bugging me a bit:

      Bush v Gore stands for the proposition that ballots in the same election should be counted the same way.
      The court talked about voters, not about ballots, and I'm not sure that distinction is inconsequential. (Voters voted on really different kinds of ballots.) A side issue here, I assume.

      "I am not sure how we got here, but then, I am not really sure where we are." -Susan from 29

      by HudsonValleyMark on Thu Nov 14, 2013 at 07:48:52 AM PST

      [ Parent ]

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