One of the most important premises of America’s election system in the 21st century is that the federal judiciary demands that the states must treat all cast ballots equally. Federal courts require states to uphold the constitutional principle of equal protection if the government of a state has determined that certain offices are to be decided by popular vote.
Furthermore, states must adhere to the right to due process. After an election has been completed, federal law prohibits states from throwing out ballots that were cast in accordance with the prevailing understanding of established election practices in that state at the time of the election.
