Jack Maskell

“ With reference to contests relating to other federal elections—federal congressional elections—or in other challenges to the credentials of Members-elect, the practice in Congress has been to place a clear burden of proof upon the objecting party to overcome the presumption of validity of an election that has already been officially certified by the proper state officials. ”

“ A candidate and/or electors who seek to challenge the results of an election of presidential electors within a state must, therefore, follow those state statutes, procedures, and deadlines for filing such challenges and contests. ”

“ The counting and the official tabulation of the electoral votes from the states within Congress provides a further opportunity to challenge and protest electoral votes from a state. Under federal law and congressional precedents, an objection may be made to the counting of electoral votes from a state by a formal objection made in writing by at least one Member of the House of Representatives and one Senator. ”

“ The New Hampshire statutes provide that “any candidate for whom a vote was cast” may apply for a recount, which application is to be made to the secretary of state no later than the Friday following the election. ”

“ Ineligible voters sufficient in number to change the outcome of the election were allowed to vote in the election, and it is not possible from examination of the official ballots to determine how those ineligible voters voted and to correct the totals. (2) Eligible voters sufficient in number to change the outcome of the election were improperly prevented from voting.
(3) Other irregularities affected a sufficient number of votes to change the outcome of the election. ”

“ During the recount process, the candidates and their counsels and representatives may “protest” the counting or failure to count any ballot, and the secretary of state is to rule on such protest. [29] An appeal of the recount results may be made within three days of the declaration of the results of the recount to the state ballot law commission, which may determine which candidate received the greatest number of votes. ”