percentage points in the subsequent revote.16 United States officials called the original with demo

with "fraud and version largely relying on anecdotal evidence and deviations between exit polls

and reported results.17

A simple lesson may be drawn from these

two contexts: elections are imperfect. They are

subject to manipulation and mistake. It is,

therefore, critical that elections be investigated

and audited to assure the accuracy of results. As

Senator Kerry's attorney recently noted, only

with uniformity in the procedures for such an

investigation and audit "can the integrity of the

entire electoral process and the election of Bush-

Cheney warrant the public trust."18

Regardless of the outcome of the election,

and that outcome cannot be certain as long as

legitimate questions remain and valid ballots are

being counted, it is imperative that we examine

any and all factors that may have led to voting

irregularities and any failure of votes to be

properly counted.

A.

Federal Constitutional Law Safeguards

The right to vote is our most cherished democratic right and, as such, is strongly

protected under the Constitution. Both the Equal Protection and Due Process Clauses of the 14th

Amendment operate to protect our citizens' right to vote for the candidate of their choice.

In the seminal voting rights case of Reynolds v. Sims, the Supreme Court held that "the

right to vote freely for the candidate of one's choice is of the essence of a democratic society, and

any restrictions on that right strike at the heart of representative government."19 The Court

William Branigin, U.S. Rejects Tally, Warns Ukraine, WA S H . PO S T , Nov. 25, 2004.

See Vasovic, supra.

See Branigan, supra.

Statement to Countdown with Keith Olbermann (Dec. 23, 2004).

377 U.S. 533, 555 (1964). See also Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886)

("the political franchise of voting" is a "fundamental political right, because preservative of all

13