The Electoral College impacts the resolution of disputes on the presidential level. By dividing a national election into 51 localized contests, the national outcome can hinge on the result in a few small places. The 2000 presidential election is a good example where the national election depended on the outcome in the state of Florida; likewise the 2004 race depended on the winner in the state of Ohio. In close races, the margin of victory may approach or exceed the margin of administrative error. These conditions contribute to an environment ripe for litigation.

Since 2000, electoral dispute resolution has taken on a high public profile. Legal challenges to registration drives, ballot access and polling practices have become accepted campaign strategies. In fact, the number of court cases regarding elections nearly tripled from 1996 to 2004. In the run-up to November 2008, both major parties have nationally deployed robust legal teams ready to dispute processes, especially in contested “swing states.”

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