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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Washington Supreme Court race still up in the air

After leading in vote counting for the past week, incumbent Washington Supreme Court Justice Richard Sanders now trails challenger Charlie Wiggins by 3,601 votes. With approximately 175,000 more votes to be counted in the next few days, the outcome of this race remains uncertain. Sanders is seeking his fourth term after a contentious campaign that saw him take the lead on election night, dwindling down to approximately 4,000 votes as of Monday. With more ballots counted today, Sanders now trails Wiggins.

In Washington, the recount process is fairly simple. If the margin is less than 2,000 votes and the candidates are within one half of one percent of the votes cast for both candidates, then state law mandates an automatic recount. RCS 29A.64.021. A candidate can also request a recount within 3 business days of certification of the results. RCW 29A.64.011. The candidate must pay twenty-five cents per every ballot requested to be recounted in the jurisdiction if by hand, or fifteen cents if by machine. RCW 29A.64.030. More information can be found here and here.

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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