See you in court: from Bush v. Gore to now

Colorado part of online resource aimed at election lawsuits

DENVER, June 10, 2016 - Colorado is one of three states chosen to launch a bi-partisan online resource aimed at helping judges resolve election issues fairly and efficiently.

The State Election Law eBenchbook website was unveiled this week with an eye toward November’s election, where the presidential race has broken all sorts of records for strangeness. Colorado’s GOP primary for the U.S. Senate has already been racked with legal challenges.

"In many ways Colorado is at the epicenter of U.S. election litigation, and with that comes intense scrutiny," said Judd Choate, the state election director. "Colorado’s status as one of three states with an e-Benchbook will help lawyers and judges alike better understand the intersection between statutes, rules and litigation."

Colorado, Florida and Virginia were chosen as the pilot states because of their status as swing states, geographical diversity and recent history of election litigation, said Austin Graham, a recent William & Mary Law School graduate and the project manager. William & Mary Law School and the National Center for State Courts developed the resource, according to news release from the college.

The Colorado Secretary of State’s office will spend the summer adding rule text and litigation summaries to the eBenchbook to prepare for potential election-year litigation this fall.

"With 24 ballot initiatives currently being circulated -- 12 by professional circulators -- we need to be ready for possible initiative litigation," Choate noted. "The eBenchbook will be a fantastic resource when a case is filed on a Monday, and we are making an argument the next afternoon."

The eBenchbook is intended to address a problem identified by the Conference of Chief Justices, which noted: "The number of election law disputes being brought before the state courts has increased dramatically in recent years, often requiring immediate resolution by judges who may be unfamiliar with the basics of election law."

The eBenchbook begins with each state’s code, and provides annotations from state election law experts for clarity and context, the release states. The eBenchbook links to quick definitions of terms in each state’s election laws, to relevant case law, advisory opinions, and to a range of reference sources useful for rapid decision-making.

"Election litigation, once a rarity, has become increasingly common since Bush v. Gore," said Terry Lewis, a Leon County, Fla., judge who played a central role in the landmark 2000 case and who sits on the Election Law Program’s advisory board.

"The Election Law Program’s eBenchbook will be a welcome resource for judges deciding election-related cases."