LAW 377 - Post-Election Litigation

This one credit course will meet on on two Saturdays at the William & Mary’s DuPont Office in Washington, DC. The course will focus on the legal issues and consideration in post-election disputes. In general, such disputes take the form of either recounts of contests. The first describes the process of retabulating ballots cast in an election. The second describes challenges brought to the election process itself - including election administration, standards, claims of fraud, etc. Both recounts and contests can be handled administratively, judicially or legislatively (i.e., as part of the seating process). This course will touch on each of these processes and will focus on the related constitutional issues - including due process, equal protection, federalism, separation of powers and the political question doctrine. Some attention will also be paid to the strategies and tactics most often employed in such disputes. In addition to class participation, grades will be based on a short paper - 10-15 pages analyzing the legal concerns and strategies available under different existing state recount statutes.