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Election Law

Journal

2014

Institution
Keyword
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Articles 1 - 30 of 38

Full-Text Articles in Law

Mccutcheon V. Federal Election Commission, Stephen M. Degenaro Dec 2014

Mccutcheon V. Federal Election Commission, Stephen M. Degenaro

Notre Dame Law Review Reflection

McCutcheon v. Federal Election Commission involved a challenge to limits imposed on the amount a donor may contribute during a single election cycle. In McCutcheon, the Court was presented with the question of whether the aggregate limits placed on contributions to candidate and noncandidate committees either lacked a cognizable constitutional interest or were unconstitutionally too low. In a five to four decision, the Supreme Court held that the aggregate limits on campaign contributions burden substantial First Amendment rights without furthering a permissible government interest.


A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman Nov 2014

A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman

University of Richmond Law Review

No abstract provided.


Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson Oct 2014

Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

Catholic University Law Review

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …


The Meme Of Voter Fraud, Atiba R. Ellis Oct 2014

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …


Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham Oct 2014

Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham

William & Mary Bill of Rights Journal

No abstract provided.


The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh Sep 2014

The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Diversity After Shelby County V. Holder, William Roth Sep 2014

Judicial Diversity After Shelby County V. Holder, William Roth

Michigan Law Review First Impressions

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …


Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt Aug 2014

Better Safe Than Sorry: How Strong Voter Identification Laws Can Protect Louisianans Against The Double-Sided Coin Of Voter Disenfranchisement, Julia D'Hemecourt

Louisiana Law Review

The author comments on the importance of strengthening voter identification laws in Louisiana. Topics discussed include the occurrence of voter disenfranchisement in the state, the implication of voter fraud for political elections, and the legislation concerning voter's identification and protection of voter's rights.


Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine, Jesse Kodadek Aug 2014

Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine, Jesse Kodadek

Montana Law Review

Expensive Free Speech: Western Tradition Partnership And The Silencing Of The Private Attorney General Doctrine


Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne Jun 2014

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.


The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson Jun 2014

The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson

Washington Law Review

Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …


The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson Jun 2014

The Constitutional Structure Of Voting Rights Enforcement, Franita Tolson

Washington Law Review

Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments. In answering this question, this Article is the first to consider the effect of section 2 of the Fourteenth Amendment on the scope of Congress’s enforcement authority. Section 2 allows Congress to reduce the size of a state’s delegation in the House of Representatives if the state abridges the right to vote in state and federal elections for any reason, “except for participation in rebellion, or other crime.” This Article contends that section 2 influences the scope of congressional …


Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers Jun 2014

Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers

Nevada Law Journal

No abstract provided.


Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley Jun 2014

Shelby And Section 3: Pulling The Voting Rights Act’S Pocket Trigger To Protect Voting Rights After Shelby County V. Holder, Paul M. Wiley

Washington and Lee Law Review

No abstract provided.


Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate May 2014

Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate

Touro Law Review

No abstract provided.


Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino Apr 2014

Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino

University of Massachusetts Law Review

The 2002 Help America Vote Act requires election officials to request photo ID for first time voters who register by mail. Some states took this a step further and required all voters to present photo ID in order to exercise the franchise. These laws have attracted a great deal of attention recently because of the belief that these laws disenfranchise voters. However, what is needed is a uniform system that allows voters access to the ballot and also protects the integrity of the ballot. This note argues that all Congress has to do is connect the dots in several federal …


The Fiscal Cliff As Reelection Strategy: Rethinking The Temporary Taxation Debate, Frank Fagan Apr 2014

The Fiscal Cliff As Reelection Strategy: Rethinking The Temporary Taxation Debate, Frank Fagan

West Virginia Law Review

No abstract provided.


A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski Apr 2014

A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski

Catholic University Law Review

No abstract provided.


Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson Mar 2014

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

Touro Law Review

No abstract provided.


The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres Mar 2014

The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken Mar 2014

Boden Lecture: The Real Problem With Citizens United: Campaign Finance, Dark Money, And Shadow Parties, Heather K. Gerken

Marquette Law Review

Boden Lecture given at Marquette University Law School on October 7, 2013


Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic Mar 2014

Anything But Mickey Mouse: Legal Issues In The 2012 Wisconsin Gubernatorial Recall, Steven M. Biskupic

Marquette Law Review

Wisconsin Governor Scott Walker faced only the third gubernatorial recall in the nation’s history and was the first to survive. From a legal perspective, the 2012 Walker recall involved equally unique issues arising from the Wisconsin Constitution and obscure state statutes. This Article reviews the history of recall in Wisconsin and examines three significant legal issues that arose during the Walker recall: (1) litigation over review of submitted recall signatures; (2) unlimited campaign finance contributions; and (3) the scheduling of the recall election. The Article concludes that an assessment of the historical nature of the Walker recall is incomplete without …


Unions And Campaign Finance Litigation, Charlotte Garden Mar 2014

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.


Reexamining Crawford: Poll Worker Error As A Burden On Voters, Lauren Watts Mar 2014

Reexamining Crawford: Poll Worker Error As A Burden On Voters, Lauren Watts

Washington Law Review

American elections are administered by poll workers—individuals who are recruited and trained by states and localities for the particular task of helping people vote on Election Day. Several layers of law govern poll workers, including federal constitutional law, federal statutory law, state constitutional law, state statutory law, and local law. Among these laws are voter photo identification laws, or voter ID laws. Nineteen states have passed voter ID laws in the last ten years. With some variation, these laws require a person to present photo identification before he or she is allowed to vote. In 2008, the United States Supreme …


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Mar 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare Mar 2014

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

No abstract provided.


Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan Mar 2014

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.


Chapter 280: Streamlined Vote By Mail Procedures For Today’S Majority Voting Method, Anthony Serrao Jan 2014

Chapter 280: Streamlined Vote By Mail Procedures For Today’S Majority Voting Method, Anthony Serrao

McGeorge Law Review

No abstract provided.


Chapter 16: Combating Dark Money In California Politics, Patrick Ford Jan 2014

Chapter 16: Combating Dark Money In California Politics, Patrick Ford

McGeorge Law Review

No abstract provided.


Sb 831: Bringing Political Reform Into The Twenty-First Century, Ryan Matthews Jan 2014

Sb 831: Bringing Political Reform Into The Twenty-First Century, Ryan Matthews

McGeorge Law Review

No abstract provided.