The updated draft of Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, Part III – Procedures for the Resolution of a Disputed Presidential Election is now available for download on the ALI website.

Given the upcoming election, ALI is making this text available to enable states to consider the promulgation of procedures for this purpose and to provide guidance to state and federal judges, as well as state and local officials responsible for election administration, on how to handle scheduling difficulties and other matters in the event that a disputed presidential election occurs in November.

Part III is designed to address the unique timetable of a disputed presidential election and the extraordinary challenge of completing the resolution within the five-week window provided by Congress. In addition to a detailed scheme to coordinate all the essential pieces needed for this situation—including a recount, the canvassing of returns, and a potential judicial contest of the result – this draft also contains a set of three schematic calendars representing the relationships among the various portions of the procedures for resolving a disputed presidential election.

Disclosure: I am an advisor on this project.