Days & Times
11 a.m. PDT/Noon MDT/1 p.m. CDT/2 p.m. EDT. 60 minutes.
Course Location
Online
Election Cases: The Equitable Consideration
Given the fast pace of election litigation and the democratic consequences of rulings, equitable considerations play a prominent role in election-related proceedings. You may be asked for injunctive relief when an election is imminent or already underway, as statutory deadlines approach, or when litigants’ conduct requires consideration of equitable defenses such as laches and unclean hands.
Professor Lisa Marshall Manheim (University of Washington School of Law) serves as co-Reporter to ALI’s Restatement of the Law, Election Litigation. She teaches and writes in areas of Election Law, Constitutional Law, Administrative Law, and Legislation.
During this course, you will learn to:
- Identify key election administration deadlines that state law commonly imposes, by understanding the timing and cadence of election processes and how disruptions at one stage can affect later stages
- Apply procedural tools for managing election disputes under compressed timelines, while accommodating the practical demands of election administration.
- Identify constitutional and practical limitations on using court process to secure evidence in elections disputes.
- Question counsel to weigh access to direct or circumstantial evidence in election cases.
- Adjudicate evidentiary issues on an abbreviated schedule.
- Evaluate, in a time-constrained election case, equitable considerations related to laches, unclean hands, and to the overarching commitments in the field of election law that motivate the development of these doctrines.
Election Cases: The Equitable Consideration
Given the fast pace of election litigation and the democratic consequences of rulings, equitable considerations play a prominent role in election-related proceedings. You may be asked for injunctive relief when an election is imminent or already underway, as statutory deadlines approach, or when litigants’ conduct requires consideration of equitable defenses such as laches and unclean hands.
Professor Lisa Marshall Manheim (University of Washington School of Law) serves as co-Reporter to ALI’s Restatement of the Law, Election Litigation. She teaches and writes in areas of Election Law, Constitutional Law, Administrative Law, and Legislation.