Conclusion Conclusion The legal principles in this book are drawn from cases that were decided by courts in many states. While it is true that a court in one state may look to decisions of courts in other states to determine the legal principles that should be applied to the facts, it also is true that courts’ decisions are governed primarily by the law that prevails in their own state. Therefore, the legal principles that are discussed in this book will not be applied in the same way or with the same result in all states. The introduction to this book emphasized this point: Because there are variations from state to state, and sometimes from case to case within a state, these decisions provide an analytical framework that lawyers and administrators can apply to fact situations that arise in their own jurisdictions; they do not provide a set of rules that can be applied in an unthinking fashion. Nevertheless, the legal principles discussed in this book are generally accepted rules that are applied to resolve election disputes. While these principles are not easily compiled in a list of dos and don’ts, the chapter headings and some of the summaries in this book can be gathered to provide an overview of the teachings of the cases. Chapter 1. Challenges To Elections Must be Based on Written Authority: Constitutions, Laws and Regulations • • • • • There is no common law basis for an election challenge, but courts will apply common law principles in an election challenge when fairness demands. Procedures and deadlines in laws and regulations must be strictly followed in bringing a lawsuit to challenge election procedures. 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. Election officials are presumed to perform their duties in a proper and lawful manner in the absence of a sufficient showing to the contrary. There is a presumption that returns certified by election officials are correct. Chapter 2. Election Results Stand Unless a Violation Materially Affects the Outcome • To win an election challenge, the plaintiff usually must prove that the actions complained of constituted irregularities under the election laws, and that the number of irregularities were sufficient to change the result of the election. • • An election challenge can also succeed if the plaintiff presents facts showing that serious fraud and irregularities deprived the voters of the free expression of their will. Threats, violence or disturbances that do not materially affect the election results do not invalidate an election. 131