Oct 22, 2024 State and Federal Election Contests

Elections in this country are almost always hard-fought and often contentious. Disputes as to how the election was conducted, which ballots were counted (or not), or who won the most votes, sometimes continue well past Election Day. This has become a relatively normal part of our elections, and there are state and federal laws in place that address election-related fraud, misconduct, and other irregularities. In fact, most states have designed special legal proceedings specifically to adjudicate post-election disputes of this nature and implement remedies when necessary.

This paper provides a basic overview of those proceedings in key states, as well as relevant federal law, with a focus on the legal proceedings that can follow presidential elections.