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McCloskey versus McIntyre: Implications of Contested Elections in a Federal Democracy
Authors:Herzberg  Roberta
Abstract:The 1984 election in the Eighth Congressional District of Indianaproduced an unclear result. Election night totals gave the victoryto the Democratic incumbent Francis McCloskey. Subsequent recountsby state and local officials gave the victory to RepublicanRichard McIntyre. A further recount by the U.S. House of Representativesreturned the victory to McCloskey by a four-vote margin. Partisanshipwas important in all phases of deciding the outcome of the election,in part, because unclear rules and inconsistent counting procedurescreated ample opportunities for partisan interpretations ofelectoral rules. This contested election raised questions aboutthe legitimacy of the outcomes produced by various countingrules and about the problems of assuring majority rule wherecounting rules are inconsistent. The election also raised questionsabout the propriety of U.S. House intervention into local electoraladministration and about the roles of local, state, and federalofficials in deciding the outcome of a federal contested election.
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