General Statutory Reading Principles
Reading Election Statutes
General Statutory Reading Principles
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Statutory definition is THE definition
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Plain text is always the starting point—ordinary/ reasonable
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Hoofs ≠ Zebras
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If you can’t understand the plain text…
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Shall = Must
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May = Discretion
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And = Conjunctive
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Or = Disjunctive
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Provided that—precondition—for a part of the statute to take effect, a
precondition or requirement must be satisfied.
Statutory Reading Cont.
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A list without something—means the missing thing is excluded
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Include = examples—not an exhaustive list
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Read the full provision (not meant to be sliced and diced)
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Avoid surplusage (every word in a statute is there for a reason)
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Statutes should be read consistently
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Election means the same thing throughout Title 34
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General words include similar things
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Dogs, cats, horses, cattle and other animals
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Sheep—Yes!
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Blue Whales--No
When in doubt about a statute
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Ask your attorney
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Ask a fellow clerk
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Call Secretary of State
Top Election Statutes
This content provides insights into understanding and interpreting election statutes. It emphasizes the importance of plain text, general statutory reading principles, and seeking clarification when in doubt about statutes. The guidelines cover how to interpret terms like "Shall," "May," "And," and "Or," as well as understanding key principles for effective statutory reading.
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Presentation Transcript
General Statutory Reading Principles Statutory definition is THE definition Plain text is always the starting point ordinary/ reasonable Hoofs Zebras If you can t understand the plain text Shall = Must May = Discretion And = Conjunctive Or = Disjunctive Provided that precondition for a part of the statute to take effect, a precondition or requirement must be satisfied.
Statutory Reading Cont. A list without something means the missing thing is excluded Include = examples not an exhaustive list Read the full provision (not meant to be sliced and diced) Avoid surplusage (every word in a statute is there for a reason) Statutes should be read consistently Election means the same thing throughout Title 34 General words include similar things Dogs, cats, horses, cattle and other animals Sheep Yes! Blue Whales--No
When in doubt about a statute Ask your attorney Ask a fellow clerk Call Secretary of State
