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Cleveland State Law Review

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Perfect Is The Enemy Of Fair: An Analysis Of Election Day Error In Ohio's 2012 General Election Through A Discussion Of The Materiality Principle, Compliance Standards, And The Democracy Canon, Eric H. Kearney, Pavan V. Parikh, Bethany E. Sanders Jan 2014

Perfect Is The Enemy Of Fair: An Analysis Of Election Day Error In Ohio's 2012 General Election Through A Discussion Of The Materiality Principle, Compliance Standards, And The Democracy Canon, Eric H. Kearney, Pavan V. Parikh, Bethany E. Sanders

Cleveland State Law Review

The continual change in and review of election systems have not overcome the reality that elections systems, including Ohio’s system, could not weather a close or controversial election without delay, litigation, or doubt as to the result. If such a conflict would arise, the actions taken in polling places across the state could be critical in determining a victor within the state and possibly the nation. Ohio, like many states, has responded to this circumstance with an incredibly technical and rule driven approach to election administration. This approach to elections administration is deficient for two primary reasons: (1) it refuses …