You are here

Unequal Recount Procedures in a Gubernatorial Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 10, 2015
Available Online Only

Washington State Republican Party v. Reed (Marsha J. Pechman, W.D. Wash. 2:04-cv-2350)
Supporters of a gubernatorial candidate filed a federal complaint over a weekend challenging recount procedures. The Clerk of Court was able to find a judge available to hear the case on an emergency basis, and the judge held a telephonic conference on Sunday. The judge determined that immediate relief was not required because the ballots in question would be preserved for later examination. Litigation in state and federal court continued as the recount continued, and the federal plaintiffs’ candidate ultimately did not prevail.
Topics: Recounts; equal protection; intervention; case assignment; matters for state courts.

One of many Case Studies in Emergency Election Litigation.