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Do you have an example of a presidential election that was redone? In 2000 Bush vs Gore, the Supreme Court canceled the recount. That’s the closest I’ve seen t

Do you have an example of a presidential election that was redone? In 2000 Bush vs Gore, the Supreme Court canceled the recount. That’s the closest I’ve seen to the courts stepping in to fix a mess.

dragonwriter 6y ago
> Do you have an example of a presidential election that was redone? The (completely optional) popular elections for US Presidential electors don't generally have laws that would support a judicially-ordered revote as a remedy because they have a built-in after the fact legislative remedy, since the legislature ultimately decides the mechanism by which electors are assigned (and can simply do so itself), and can revise it's decision even after a public balloting has occurred (in principle, such an retrospective change removes the states electoral votes from the safe harbor provision that applies to procedures fully adopted in advance, but then the safe harbor rule itself is unenforceable and effectively a symbolic statement of intent.) But that's a fairly special case, and a result of the peculiar design of US Presidential elections, not something general to elections. This doesn't prevent a do-over, it just means that it wouldn't come from judiciary. It also means that the decision would be highly partisan. While not about do overs (but potentially about legislative intervention in other ways), that's why the anti-mail-ballot propaganda (and Trump's double voting advocacy) is heavily targeting Republican-legislative-majority states that are polling close or leaning Biden.
sudenmorsian 6y ago
Not a presidential election, but the 1974 New Hampshire senate election was redone in September 1975 following multiple contested recounts producing different winners [0] [0]: https://en.wikipedia.org/wiki/1974_and_1975_United_States_Senate_elections_in_New_Hampshire?wprov=sfti1 https://en.wikipedia.org/wiki/1974_and_1975_United_States_Se...

dragonwriter 6y ago

> Do you have an example of a presidential election that was redone? The (completely optional) popular elections for US Presidential electors don't generally have laws that would support a judicially-ordered revote as a remedy because they have a built-in after the fact legislative remedy, since the legislature ultimately decides the mechanism by which electors are assigned (and can simply do so itself), and can revise it's decision even after a public balloting has occurred (in principle, such an retrospective change removes the states electoral votes from the safe harbor provision that applies to procedures fully adopted in advance, but then the safe harbor rule itself is unenforceable and effectively a symbolic statement of intent.) But that's a fairly special case, and a result of the peculiar design of US Presidential elections, not something general to elections. This doesn't prevent a do-over, it just means that it wouldn't come from judiciary. It also means that the decision would be highly partisan. While not about do overs (but potentially about legislative intervention in other ways), that's why the anti-mail-ballot propaganda (and Trump's double voting advocacy) is heavily targeting Republican-legislative-majority states that are polling close or leaning Biden.

sudenmorsian 6y ago

Not a presidential election, but the 1974 New Hampshire senate election was redone in September 1975 following multiple contested recounts producing different winners [0] [0]: https://en.wikipedia.org/wiki/1974_and_1975_United_States_Senate_elections_in_New_Hampshire?wprov=sfti1 https://en.wikipedia.org/wiki/1974_and_1975_United_States_Se...