of all votes. Ohio courts have held that "[a] recount ... is the only fair and equitable procedure to

ensure the correct tally of all the votes."25 As the Oklahoma Supreme Court recently

emphasized, "[a] timely recount is an integral part of an election."26 The West Virginia Supreme

Court, construing a recount statute similar to Ohio's recount provisions, stressed the importance

of an election recount to the fairness and integrity of the election itself.27 Indeed, courts in states

which provide a statutory right to a recount uniformly have held that an election cannot be

deemed over and final until a recount provided under state law has been completed.

B.

Federal Statutory Election Safeguards

There are numerous federal statutes that protect the right to vote. First and foremost, the

Voting Rights Act prohibits any person, whether acting under color of law or otherwise, from:

(1) failing or refusing to permit any qualified person from voting in ... federal elections;

(2) refusing to count the vote of a qualified person; or

(3) intimidating any one attempting to vote or any one who is assisting a person in

In addition, the Civil Rights Act of 1968 provides criminal penalties for violations of

civil rights, including interference with the right to vote. Specifically, section 245 of title 18

makes it a crime for any person who "by force or threat of force willfully injures, intimidates or

interferes with, or attempts to injure, intimidate or interfere with any person because he is or has

Matter of Issue 27 on November 4, 1997, 693 N.E.2d 1190, 1193 (Ohio C.P. 1998).

McKye v. State Election Bd. of State of Oklahoma, 890 P.2d 954, 957 (Okla. 1995)

(emphasis added).

Miller v. County Comm'n, 539 S.E.2d 770, 776 (W.Va. 2000), "[I]nherent in the

recount procedure is the concept of fairness to all interested candidates in an election. The

recount procedure is the only mechanism available in an election dispute which gives the

interested candidates a chance to identify and define problematic votes, thereby establishing the

parameters for an election contest. . . . It is, therefore, evident that where the challenge to election

results stems from specific votes cast, a recount plays an integral and indispensable role

tantamount to fundamental principles of due process, which cannot be ignored or omitted."

Voting Rights Act of 1965 § 11, 42 U.S.C.A. § 1963i (2004) The Voting Rights Act

was enacted in response to evidence that some states and counties had denied many citizens

access to the ballot because of their race, ethnicity, and language-minority status. Other major

provisions of the act prohibit enactment of any election law that would deny or abridge voting

rights based on race, color or membership in a language minority.

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