Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2013 Ballot Design as Fail-Safe: An Ounce of Rotation Is Worth a Pound of Litigation Mary Beth Beazley University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Election Law Commons Recommended Citation Beazley, Mary Beth, "Ballot Design as Fail-Safe: An Ounce of Rotation Is Worth a Pound of Litigation" (2013). Scholarly Works. 1069. https://scholars.law.unlv.edu/facpub/1069 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. ELECTION LAW JOURNAL Volume 12, Number 1, 2013 # Mary Ann Liebert, Inc. DOI: 10.1089/elj.2012.0171 Ballot Design as Fail-Safe: An Ounce of Rotation Is Worth a Pound of Litigation Mary Beth Beazley ABSTRACT For generations, some candidates have argued that first-listed candidates gain ‘‘extra’’ votes due to pri- macy effect, recommending ballot rotation to solve the problem. These votes, however, are generally intentional votes, accurately cast, and rotation is controversial. This article argues that rotation is appro- priate because it mitigates the electoral impact of not only primacy effect, but also of two categories of miscast votes. First, rotation mitigates the impact of proximity-mistake votes, which can occur even on well-designed ballots when voters mis-vote for a candidate in proximity to their chosen candidate.