Dr. Ray Brown asked whether or not Jill Stein can be sued by contributors to her recent campaign to have votes recounted. The answer is “probably not.”
First, there is an issue with the initial claim that there is no legal basis for a recount. Wisconsin, for instance, has specific protocols in place for requesting a recount, and the state has agreed to the recount. So at the very least, the campaign was partially successful. The next question is, even if the recount demands are not successful, and there is no change in outcome of the elections, can a lawsuit go forward?
The problem is, there really is no basis for a lawsuit. The campaign made clear that a recount may not occur, and even provided for alternative uses for the funds, should it not all be used for a recount. While it is possible a unilateral misunderstanding of a contract to void it, consider the following provision:
Whether unilateral mistake will void the contract depends on whether the other party to the contract was aware of the mistake or not. If the other party was so aware, or whether a reasonable person in its position would have been aware, then the contract is generally void; if, however, he had no reasonable way of being aware of the mistake, the contract is enforceable. – Business Law Basics
So I’m sorry Dr. Brown, and others who want to shut Stein up. there really seems to be no legal recourse. The fund raising will continue. At least one recount will occur. What else happens? Who knows? Maybe we’ll at least get some additional transparency out of elections.