arrowSection 5.3 - Recounts and Other Remedies

This topic is monitored by Moritz Law Professor Daniel Tokaji

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If the presidential election is close this year, as it was in 2000, or other races are close, recount battles are likely to occur again, although perhaps not with the specific equal protection issue that proved decisive in Bush v. Gore. That case ultimately turned on the fact that Florida had not specified a clear and uniform rule or particular standard for recounting punch card ballots, leaving it to each recount team on how to apply the general goal of determining the intent of the voter. Ohio, for example, avoids this problem by specifying, in Revised Code 3515.04, that a chad must have at least two corners detached in order to count as a vote. As November 2 approaches, the e-Book on Election Law will add further information and analysis on recount standards and procedures, in Ohio and elsewhere.

(view relevant Ohio Statutes)