The ITT List
Wednesday Dec 6, 2006 9:43 am
Adam B at dailykos provides a synopsis of analysis and recommendations by prominent election law professor Rick Hasen:
The Constitution provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members ... ." The House has resolved disputed elections before. For two reasons, the House should declare the seat vacant, triggering a special election.
First, the House is not bound by the restrictive rules for ordering new elections that courts are. Assuming that the problem was poor ballot design, why should voters be victims of the design incompetence of election administrators? The fair thing to do — even if it is not legally compelled — is to hold a new election where everyone in the district gets to vote. ...
A side benefit will be that the controversy will focus attention on problems with election administration, and get Congress and the country thinking more about the problems with how we administer our elections....