Election Law @ Moritz

Election Law Maps

Election Law @ Moritz is proud to present a series of interactive maps that allow you to compare election laws across states. Our initial installment of maps consists of six maps analyzing the law of recounts and election contest lawsuits.

This first installment of maps can be divided into two groups. The first group compares across 50 states the players in any post-election controversy for President: Recount officials, trial courts, chief election administrators, and each state's top appellate court (the players for non-Presidential controversies are often different). The second group of maps will compare across 25 states the rules that different states have to decide contests based on two different allegations: Unverified ballots and provisional ballots with voter error in the accompanying paperwork.

Research was performed by Moritz students Ben Comin, Dan Corcoran, William Weber, Katie Jory, Trevor Covey, Matt Provance, and Rob McCarthy. JD Barlow provided information technology support. The project was edited by Nathan Cemenska and Matt Steinke.

Click on the images below to view each map.

Who Performs Presidential Recounts?

Who Performs Presidential Recounts?In 2000, opinions differed on what was necessary for a ballot to count as a valid vote. This map shows most states mandate recounts be conducted by bipartisan teams to guard against bias. However, 13 states have no such requirement, and three allow recounts only in election contests, where rules may be prescribed by the court. Finally, three states do not allow Presidential recounts at all. [See Map]


What Court Would Hear a Presidential Contest?

What Court Would Hear a Presidential Contest?Some people believe that the composition of the United States Supreme Court changed the result of the 2000 presidential election litigation. But as this chart shows, the starting point for such litigation depends on the law of each state. State supreme courts hear Presidential election contests primarily only on appeal, except for in five states where they assume the role of a trial court. It is unclear in five states what court would have jurisdiction, and six states do not hear Presidential election contests at all. [See Map]


State High Court Composition

State High Court CompositionIn the 2000 Presidential litigation, some alleged that Florida's heavily Democratic Supreme Court was too biased to render a fair result. This chart shows that Republicans have a one-vote majority on five states' top courts, and a heavy majority in five more. Democrats have a one-vote majority in six states, and a heavy majority in six as well. Twenty-five states select justices by appointment. The remaining states select by election. [See Map]


State Chief Election Authorities

State Chief Election AuthoritiesIn 2000, some alleged that Florida's Republican Secretary of State could not be trusted to administer elections fairly. This chart shows that elected Republicans run elections in 16 states, and appointed Republicans in three. Elected Democrats run elections in fourteen states, and appointed Democrats in five. Appointed non-party individuals or boards control elections in the remaining twelve states. [See Map]


Election Contest Scenario #1: Unverified Ballots

Unverified BallotsIn November, 2006 in Cuyahoga County, Ohio, about 12,000 voters were allowed to vote without first signing in. If the margin of victory had been closer, courts might have invalidated the election and ordered a new one. However, courts in other states take different approaches, including randomly invalidating ballots to eliminate the excess. This map breaks down these approaches. [See Map]


Election Contest Scenario #2: Provisional Ballots with Technical Mistakes

Provisional Ballots with Technical MistakesProvisional voters generally must complete a form providing information that officials use to determine whether the voters are registered and eligible. However, what if a voter omits a piece of information that may be helpful, but is not strictly necessary, for officials to confirm or deny registration? Will the ballot be counted? As this map shows, in most states the law is insufficiently developed to say for sure. [See Map]