Curry v. Baker, 802 F.2d 1302, 1314 (11th Cir. 1986). Pursuant to the “functional structure embodied in the Constitution,” a federal court must not “intervene to examine the validity of individual ballots or supervise the administrative details of a local election.” Id. In only “extraordinary circumstances will a challenge to a state election rise to the level of a constitutional deprivation.” Id. See also Bennett v. Yoshina, 140 F.3d 1218, 1226 (9th Cir. 1998) (“We have drawn a distinction between garden variety election irregularities and a pervasive error that undermines the integrity of the vote. In general, garden variety election irregularities do not violate the Due Process Clause, even if they control the outcome of the vote or election.”) (citation and punctuation omitted) (collecting cases); Duncan v. Poythress, 657 F.2d 691, 700 (5th Cir. 1981) (“[T]he due process clause of the fourteenth amendment prohibits action by state officials which seriously undermine the fundamental fairness of the electoral process.”). It is well understood that “garden variety” election disputes, including “the ordinary dispute over the counting and marking of ballots” do not rise to the level of a constitutional deprivation.[1] Curry, 802 F.2d
- ↑ In contrast, as Defendants note, it would be a violation of the constitutional rights of the millions of absentee voters who relied on the absentee ballot procedures in exercising their right to vote. See e.g. Griffin v. Burns, 570 F.2d 1065, 1079 (1st Cir. 1978) (finding disenfranchisement of electorate who voted by absentee ballot a violation of substantive due process).
