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129 Penn Statim 1 (2024-2025)

handle is hein.journals/statim129 and id is 1 raw text is: How to Head Off an Election Emergency: A Primer for Judges By: Gowri Ramachandran,* Derek Tisler** ABSTRACT As elections become more scrutinized and subject to litigation, judges are increasingly being called in to resolve election administration disputes and address disruptions that arise during the voting process. But without sufficient knowledge of election administration safeguards, these legal responses have too often been ineffective, contradictory, or even harmful. In our essay, we seek to equip judges with basic information about election administration that may be necessary to quell concerns and craft emergency remedies if legal intervention is needed to protect free and fair elections. We explain the multiple and overlapping systems that election officials use to resolve disruptions to voting, track ballots, and confirm election results. In addition, we recommend neutral, nonpartisan administrative measures that courts themselves can take to maximize their efficacy as neutral adjudicators in the context of an election emergency. Table of Contents I. IN TR O D U CTIO N ........................................................................................ . . 2 II. WITH PREPARATION AND CLEAR COMMUNICATION, JUDGES CAN HELP RESOLVE ELECTION EMERGENCIES...................................................... 4 III. JUDGES SHOULD BE AWARE OF ROUTINE CONTINGENCY MEASURES THAT ELECTION OFFICIALS DEPLOY IN RESPONSE TO TECHNICAL FAILURES, SUPPLY SHORTAGES, AND OTHER DISRUPTIONS DURING THE VOTING PERIOD ............................................................................. 8 A. On-Site Paper Printing Failures: Ballot Marking Devices, Voter Verifiable Paper Trails, and Ballot on Demand Printers-Pre-Printed Paper Ballots Are Often Available .......... 8 B. Voter Check in Failures: Data Errors and Inoperable P ollb ook s................................................................................. . 11 * Director, Elections and Security, Brennan Center for Justice, NYU School of Law. ** Counsel, Elections and Government, Brennan Center for Justice, NYU School of Law. 1

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