Ballot Battles: The History of Disputed Elections in the United States

Foley, professor of law at Ohio State University, exhaustively documents how ballots were counted and the results adjudicated in very close municipal, statewide, and national elections from the 18th through the 21st century. Some elections in this country's first century resulted in violence, as happened in some of New York and Philadelphia's mayoral contests in the 1830s. The principle of judicial review of ballot counting became more widespread after it was first upheld in the 1856 Wisconsin case of Bashford v. Barstow; however, it was only applied to presidential elections by the Supreme Court in Bush v. Gore (2000). Addressing the tight presidential elections of 1876, 1960, and 2000, Foley notes that all three represented "disturbing... instances in which the nation has lacked the institutional capacity to identify accurately the winner of the presidency." The first of these was particularly problematic because Congress had to deal with two sets of Electoral College vote certificates from some of the disputed states, a subject on which the Twelfth Amendment is silent. Foley concludes by transcending his historian's role to recommend potential remedies for contested results and lingering disputes. Given the length and technical detail of Foley's clearly written and well-researched book, it will appeal mainly to legal scholars and policy wonks. (Jan.)