National: Ninth Circuit Rejects Effort to Apply Help America Vote Act to Local Recount | metnews.com
Federal law does not require states and localities to use a particular method of recounting ballots in elections for non-federal offices, the Ninth U.S. Circuit Court of Appeals ruled yesterday. The court affirmed a district judge’s ruling dismissing a suit by Martin Crowley against the state of Nevada and the Churchill County clerk. Crowley sought declaratory relief and damages after a recount of a 2006 election for justice of the peace, which he lost by 26 votes, failed to change the results. Crowley brought suit under 42 U.S.C. Sec. 1983 and Sec. 301 of the Help America Vote Act of 2002. HAVA was enacted in response to problems in Florida and elsewhere during the 2002 elections, and established standards for the conduct of federal elections and authorized payments to state and local governments to replace antiquated voting systems.

