An afterthought on Bush vs Gore (crossposted on Crooked Timber)
I was thinking about the prospects for the US election and also about the probability of casting a decisive vote and it struck me that a situation like that of Florida in 2000 would have had a quite different outcome in Australia. In a situation where there were enough disputed votes to shift the outcome (and no satisfactory way of determining the status of those votes), the Court of Disputed Returns would probably order a fresh election. It seems to me that this is a better way of resolving problematic elections than attempts to determine a winner through court proceedings, though I’d be interested in arguments against this view.
In view of the long delay between election and inauguration, this solution would seem to be particularly appealing for the US. However, it seems clear from this page that the American constitutional tradition does not allow for such a possibility, preferring such devices as drawing the winner from a hat, if nothing better can be found. I wonder if there is a reason for this, or if it is just one of those things that doesn’t come up often enough for people to think about fixing it?
fn1. Obviously, once the situation arises, one side or the other will see an advantage in going through the courts, or allowing state officials to decide,and will oppose a fresh election. But ex ante, it seems as if agreeing to a fresh election in such cases would benefit both sides.