By Edward Foley

The 2000 presidential election, with its difficulties in Florida, used to be now not the 1st significant vote-counting controversy within the nation's history--nor the final. poll Battles strains the evolution of America's adventure with those disputes, from 1776 to now, explaining why they've got proved over and over problematic and delivering an institutional solution"

summary: The 2000 presidential election, with its difficulties in Florida, used to be now not the 1st significant vote-counting controversy within the nation's history--nor the final. poll Battles lines the evolution of America's adventure with those disputes, from 1776 to now, explaining why they've got proved over and over frustrating and delivering an institutional resolution"

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Additional resources for Ballot battles: the history of disputed elections in the United States

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The gubernatorial disputes did not arise in a vacuum. Instead, as this chapter shows, the Founders struggled with vote-counting disputes generally. Some, but certainly not all, of that struggle can be attributed to the fact that the Founders were inventing a new kind of federal system, one characterized by the split sovereignty between the states and the national government. When the Founders first encountered vote-counting disputes in congressional elections, they were forced to consider federalism issues that simply had not existed before.

Beckham, just as he was the lone dissenter in the infamous segregation case of Plessy v.  Gore, where seven Justices recognized that the federal courts have the power to enforce the federal Constitution to constrain improprieties in a state’s vote-counting processes.  Gore would not have been possible, however, without the development of the one-person-one-vote doctrine in the US Supreme Court during the Civil Rights Era. One-person-one-vote was the Court’s tool for insisting that states comply with the essential prerequisites of democratic government, whether in the drawing of legislative districts or rules governing access to the ballot.

Doubtful, given that the board deliberately distorted the ballot-counting rules to achieve its predetermined result. In any event, this kind of conduct by a canvassing board—which certainly occurred in I n t r o d u c t i o n 17 the presidential election of 1876, among other episodes that form our story—is in flagrant disregard of the basic idea of a fair count. Thus, when a losing candidate is asked to accept a count that is legitimate even if unfair, should the idea of legitimacy encompass a deliberately stolen election accomplished by means of a lawfully authoritative canvassing board?

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