The Resolution of Election Disputes: Legal Principles that Control Election Challenges Bain is correct that, in general, “the procedure prescribed by statute to bring an election contest within the jurisdiction of a judge must be strictly followed.” If the contestor fails to comply with the bond requirement of [the statute], “the court is without jurisdiction to hear or determine the controversy. Nevertheless, we have adopted and applied a substantial compliance standard for the statutory bond requirement. At 476 (internal citations omitted) (emphasis supplied). Then the supreme court noted that the clerk of the lower court had approved the form and amount of Mr. Taft’s bond, and went on to find that Mr. Taft had substantially complied with the requirements because paying in cash instead of a surety check was ok, and the bond obligated Mr. Taft to pay the costs incurred by him, although he could have used clearer language to say so. And it made no difference that Mr. Taft bound himself only to the board of elections, because he was willing to pay all the costs of the contest. Finally, the supreme court found that there was no evidence that Mr. Bain had been prejudiced because of the bond that Mr. Taft posted and the clerk approved. G. Summary: Compliance with mandatory vs. directory procedures • Mandatory requirements protect the integrity of the election process. • A violation of mandatory provisions voids a ballot. • The timing of a challenge affects whether a provision is considered mandatory or directory. Before an election: while the procedure still can be corrected After an election: when it is too late to correct the procedure o o o o Provisions which specify that failure to act in the manner described will void the ballot or election are mandatory before and after an election. Before an election, most provisions are considered mandatory. After an election, a provision is generally considered directory if it does not say that failure to follow its procedures will void the ballot. After an election, a provision may be considered mandatory if: • • • the provision is stated as necessary for validity of the ballot as noted above; the provision substantially affects - the free and intelligent casting of a vote, or - the determination of the results, or - an essential element of the election, or - the fundamental integrity of the election; there is a total disregard of the provision. • If the integrity of the election process has not been violated and the result of the election has been fairly ascertained (i.e., the result reflects the will of the electorate), then most likely the elec tion will stand even in the face of any of the following: 82