“The American Law Institute Launches Restatement of the Law, Election Litigation”

I’m thrilled to share the details about this new project from the ALI:

The American Law Institute’s Council voted today to approve the launch of a Restatement of the Law project on Election Litigation. The project will be led by Reporters Lisa Manheim of the University of Washington School of Law and Derek T. Muller of the University of Iowa College of Law.

The Restatement’s goal is to provide guidance to federal and state court judges adjudicating election disputes, focusing on the areas governed by equitable principles and guided by judicial common law. Topics will include the “Purcell Principle” on timing of judicial intervention, the preservation of pre-established conditions for election conduct, the roles of state and federal courts in election disputes, administrative flexibility for emergencies, remedies for failed elections, and claims over exclusion of parties from the ballot and lack of voter access. The Restatement will not address broader questions bearing on the substance of election law.

I’m really looking forward to working with someone as outstanding as Lisa on this new and transformative project in the years ahead.

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