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When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet in the past eleven years, despite widespread agreement on the likelihood of another meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle. It argues that the resolution of an election error should turn …
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet in the past eleven years, despite widespread agreement on the likelihood of another meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle. It argues that the resolution of an election error should turn …