Also known as:election return · returns · election results · vote tallies
Written by attorneys · grounded in primary & secondary sources — see below
Official tallies of votes cast in an election that are submitted to canvassing boards or election officials for certification.
Sources & Authorities· 26 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Tax Classification of Exaction
Edward Everett failed to obtain health coverage and faced a monetary exaction collected by the IRS alongside his income filings. The amount varied with his household income and filing status and was projected to generate substantial revenue. Officials reviewed election returns from his precinct to confirm residency before certifying the tallies. The exaction operated as a tax based on its practical effects rather than its statutory label.
Gross Returns in Business Venture
Ethan Evans and Evelyn Ellison pooled gross receipts from ticket sales at a shared event space without first calculating net profits. They held a joint interest in the property generating the receipts. Election returns from the local district later showed the venture's location and helped resolve a dispute over certification of the tallies. The sharing of gross returns alone did not establish partnership status.
Elliot Edmonds served as foreperson in a civil trial where the jury returned a general verdict for the plaintiff. The clerk promptly prepared and entered judgment without awaiting further court direction. Election returns from the prior cycle were certified automatically by officials under parallel recording rules. The judgment stood as entered under the applicable rule.
Campaign Finance Limits
Eric Espinoza contributed to a political action committee that ran advertisements referencing election returns from the previous cycle. Regulators applied contribution limits to the spending. The returns served as the factual basis for determining whether the ads constituted electioneering. The limits were upheld as applied to the coordinated expenditures.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Contribution Restrictions
Ewan Eckhart formed a committee that accepted large donations tied to anticipated election returns in a statewide race. The restrictions on the contributions were challenged as limiting political speech. The returns provided the context for assessing the scope of the limits. The Court evaluated the restrictions under the applicable constitutional standard.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Recount of Ballots
Empire Logistics supported a candidate whose margin depended on disputed election returns from several counties. The Court reviewed the manual recount procedures applied to those returns. The process raised equal protection concerns because different counties used inconsistent standards. The returns could not be certified under the varying methods employed.
Bush v. Gore531 U.S. 98 (2000)
Common questions
Frequently Asked
2
What do election returns consist of?+
Election returns consist of the official reports submitted by those tallying votes to the board of canvassers or election board. They detail the number of votes cast for each candidate or proposition.
Supporting sources
Who receives election returns after votes are tallied?+
Those charged with tallying votes submit the returns to the board of canvassers or the election board for certification.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…and it is easy to see why: Its aggressive application of substantive due process breaks sharply with decades of precedent and returns the Court to the unprincipled approach of Lochner . 1 The majority’s driving themes are that marriage is desirable and petitioners desire it. The opinion describes the…