failure to timely deliver voter-information
packets in this age of early voting—except
a total re-do or postponement of the election.
The amount of information that election officials are responsible for getting
right and getting to registered voters in a
timely manner is staggering. And election
officials, no matter how careful they are,
will make mistakes that tilt elections one
way or another.
So, let’s put some mechanisms in place
to deal with the inevitable.
—Paul F. Eckstein, Phoenix
REMEDYING ELECTION MISSTEPS
I very much enjoyed reading Joe
Kanefield’s “The Consequences of
Election Administration Errors: History Revisited” (November 2016).
As a past State Election Director for
the Arizona Secretary of State and a
seasoned election law practitioner,
Mr. Kanefield is just the person to
revisit the history of election administration errors and explain how the
courts should react to the failure of
election officials to get required voter
information distributed in a timely
I fully understand the reluctance
of courts to postpone an entire election because an election official has
failed to distribute constitutionally or
statutorily mandated materials in a
timely manner to registered voters,
and that if the negligent election official is planning on running for that
or another office, voters will have an
opportunity to deliver their verdict.
But is that enough?
Here are two remedies that ought
to be considered:
1. Instead of postponing the entire election, what about giving
those who did not receive the mandated material in a timely
manner extra time—equal to the time they were denied the
mandated material—to vote on all candidates or issues covered in the mandated voter-information material?
2. What about requiring the negligent election official to post
electronically on the official’s website the mandated material
and to take out public-notice advertising in suitable print and
electronic media directing readers and viewers to the official’s
There may be other remedies that are equally suitable, but no
remedy will cure all of the problems caused by an election official’s
2016 ADR & MEDIATION ADVERTISING GUIDE (p. 44)
NOVEMBER 2016 N B 2 16
What History Teaches
3 Bookmark the Arizona Attorney News Center:
3 Want to be listed in the Arizona Attorney Magazine
Blog Network? Send your URL (and a headshot)
3 We cover Arizona’s legal community, so tell us what
you’re planning. Your news could be shared with
Arizona’s legal community almost immediately. Write
3 Find positions or attorneys and other staff to fill them
on the Arizona Attorney Career Center. Start looking
atwww.azbar.org/Careers www.azbar.org/Careers Y O U R O N L