The Resolution of Election Disputes: Legal Principles that Control Election Challenges • Procedures and deadlines in laws and regulations must be strictly followed in bringing a lawsuit to challenge election procedures. o A plaintiff will not be allowed to challenge an election if he or she does not follow the required procedures. o The failure to serve notice of an election challenge is fundamental because it does not allow the other candidates to protect their interests. o An election challenge beyond a statutory deadline may be allowed if the plaintiff could not have discovered the violation earlier even with the exercise of due diligence. • A court does not have jurisdiction to hear a challenge to election irregularities if a statute governing a fundamental procedure for election contests has not been satisfied. • The plaintiff who challenges an election must prove by a preponderance of the evidence that ballots have been irregularly cast and/or that some votes are otherwise illegitimate. • Election officials are presumed to perform their duties in a proper and lawful manner in the absence of a sufficient showing to the contrary. • Returns certified by election officials are presumed correct. 18