The allegedly confusing ballot

[Michael McConnell]

Is it relevant whether the county official who prepared the ballot was a
Democrat (as I have been told)? Does it matter whether the parties had the
opportunity to challenge the form of the ballot in advance, and did not do
so? Is there any precedent for invalidating a ballot after the fact on the
ground that some voters may have found it confusing? Does such a principle
apply to the wording of initiatives and referenda?

Michael McConnell
University of Utah College of Law
332 South 1400 East Rm. 101
Salt Lake City, UT 84112


> -----Original Message-----
> From: Frank Cross [mailto:crossf at MAIL.UTEXAS.EDU]
> Sent: Wednesday, November 08, 2000 4:11 AM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Re: The allegedly confusing ballot
>
>
> The ballot didn't seem all that confusing to me, but we can
> be pretty sure
> that a lot of people were in fact confused.  Buchanan got nearly 20%!
> There's a story that some official contributed to the confusion.  The
> problem is the remedy.
> Even if we can be sure that there was confusion, how can we know the
> precise number?  And perhaps shouldn't they bear the
> consequences of their
> confusion?
>
> The only scenario I can imagine would be having a judge call
> a new vote of
> that district.  Can you imagine the TV advertising?  I don't see it
> happening but I suppose that it's possible.
>
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> Frank Cross
> Herbert D. Kelleher Centennial Professor of Business Law
> CBA 5.202
> University of Texas at Austin
> Austin, TX 78712
>