EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
0.0% · 0/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 0/20.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
Recount
62.5% · 3/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 0.5/150.0% | § 12-17B-17 codifies State Board of Elections rule-making promulgation including for recount procedures. § 12-21-54 codifies defenses to certiorari review of recount. The recount statutory framework is codified in §§ 12-21-1 through 12-21-65 (Chapter 12-21 Recounts). | § view source 2026-05-19 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 1/1100.0% | § 12-21-16 codifies AUTOMATIC recount on tie vote: 'Whenever by reason of a tie vote found to exist upon the canvass of the original official returns…'. § 12-21-10 codifies petition-recount at ≤2% margin. Explicit trigger enumeration codified. | § view source 2026-05-19 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 1/1100.0% | § 12-22-21 codifies that 'judgment shall be withheld while recount or certiorari pending — judgment declaring election' — recount/certiorari findings binding on certification. § 12-21-45 codifies court order for second recount. § 12-21-47 codifies certiorari review. § 12-22-26 codifies legislative-contest notice. Recount-finding effect codified. | § view source 2026-05-19 |
Timing
75.0% · 2/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 1/1100.0% | § 12-11-3 codifies the certification timing for special congressional elections. § 8-8 codifies certification to county auditors. § 12-21-47 codifies certiorari filing deadline. § 12-21-61 codifies appeal procedure with speedy-determination provisions. § 12-5-14 codifies party-officer certification. Statutory certification deadlines codified. | § view source 2026-05-19 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 0.5/150.0% | § 12-21-61 codifies procedure on appeal to Supreme Court with 'provisions to secure speedy determination.' § 12-22-21 (not in FTS top-5 for this datapoint) codifies that judgment is WITHHELD while recount or certiorari pending — explicit pre-certification stay mechanism. Pre-certification stay codified. | § view source 2026-05-19 |