"For more than 200 years, elections in America have been routinely disputed, a practice that protects the will of the people. It is the only insurance that citizens’ intent is met.
As members of Virginia’s lower House of Assembly, George Washington and Thomas Jefferson themselves “intervened” in many disputed elections. During the 18th century, resolving contested elections was normally the first order of business in every new term, both in Virginia and in other colonies and states. Lawmakers would hear a county’s claims and then decide whether an election needed to be examined more closely or nullified and redone.
Indeed, the historical record is full of cases in which votes were resurveyed, confusing ballots reviewed, elections nullified and voters recanvassed. Even a cursory look at legal reports from the 19th century reveals thousands of pages devoted to contested elections.
When elections were questioned, common sense, rather than adherence to technicality, prevailed. Long before punch cards and other modern balloting methods became available, voters wrote candidates’ names on slips of paper. Misspellings and wrong initials of first names and last names were commonplace. Rather than throw out the ballots, judges ruled that voters’ intent had to be determined whenever possible.
Consider this report from Connecticut in 1878. “Votes cast at an election for A.J.W. may be shown to have been intended for A.L.W. The fact that A.L.W. was a candidate and received a large number of votes, and that no person of the name of A.J.W. or of the same first and last names, without the middle initial, resided in the district, would be satisfactory evidence to show that the votes must have been intended for A.L.W.” The judge considered voters’ intent rather than nullifying their votes.
In Iowa in 1877, judges ruled that “in reviewing an election and determining its validity, the court must, if possible, give to contested ballots such a construction as will make them valid.” "