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Articles 1 - 30 of 91
Full-Text Articles in Election Law
Election Administration Concerns Meet Claims Of A Fraudulent Election: A Comprehensive Analysis Of The 2020 Presidential Election And Its Aftermath In Wisconsin, Joe Franke
Marquette Law Review
The 2020 presidential election unearthed valid questions about how the election was administered and whether various state laws were properly followed. However, President Donald Trump and his closest allies routinely fail to distinguish between questions about whether state officials correctly interpreted and applied the state’ s election code and actual fraud or malfeasance. There is a significant difference between accusing election officials of wrongly interpreting state law or incorrectly implementing election procedures, and alleging that those same officials intended to rig the outcome. Failure to make this distinction has contributed to the stolen election narrative, which continues to roil the …
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
The Threat Of Gerrymandering And Voter Suppression To American Democracy And Why Grassroots Activism Is The Most Viable Solution, Sabrina Pickett
Journal of the National Association of Administrative Law Judiciary
This comment examines the threat of partisan gerrymandering, voter suppression, and election subversion in American elections. Specifically, this comment details the development of federal voting legislation and acknowledges the limits of the executive branch to implement voter equity within constitutional structure. Consequently, this comment argues that grassroots activism combined with executive enforcement of current federal law through the Department of Justice is the most viable solution to strengthen civic engagement and uphold democratic principles.
Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley
Election Emergencies: Voting In Times Of Pandemic, Michael T. Morley
Washington and Lee Law Review
Over the past century, two global pandemics have struck during American elections—the Spanish Flu of 1918 and COVID-19 in 2020. The legal system’s responses to those pandemics, occurring against distinct constitutional backdrops concerning voting rights, differed dramatically from each other. These pandemics highlight the need for states to address the impact of election emergencies, including public health crises, on the electoral process. States should adopt election emergency laws that both empower election officials to modify an election’s rules as necessary to respond to such disasters and set forth “redlines” to identify certain policies that, even in a disaster, are too …
A New Stage In The Struggle For Voting Rights, Lynn Adelman
A New Stage In The Struggle For Voting Rights, Lynn Adelman
University of Arkansas at Little Rock Law Review
No abstract provided.
Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg
Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg
Online Publications
Earlier this year, with the 2022 midterm elections looming, New York’s Democratic members of Congress sued their own state Board of Elections in federal court for unconstitutional practices that disqualify ballots cast by duly registered voters. Chief among the alleged violations of New Yorkers’ right to vote is the practice of fully disqualifying so-called “wrong church” ballots cast by lost or misdirected voters at poll sites other than the ones to which they are assigned.
Beyond Citizens United: Democratizing The Economy In The Wake Of The Small-Dollar Revolution, Jay Hedges
Beyond Citizens United: Democratizing The Economy In The Wake Of The Small-Dollar Revolution, Jay Hedges
Journal of Civil Rights and Economic Development
(Excerpt)
Citizens United increases the power of corporations over our political process. Under current corporate governance laws, permission for corporations to behave as political actors ignores the consent of a particularly important constituency of these business entities—labor. This neglect of workers reveals three democratic crises resulting from the corporate structure in the United States, which have only intensified following Citizens United. First, while the political speaking-power of corporations has been substantially increased, these entities lack legitimacy to speak on behalf of their labor constituency. Second, the use of corporate profits, generated by the corporation’s labor force, as the means …
Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden
Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Sb 202: Revisions To Georgia's Election And Voting Procedures, Leila Fawaz, Kate Mize, Monica Vu
Sb 202: Revisions To Georgia's Election And Voting Procedures, Leila Fawaz, Kate Mize, Monica Vu
Georgia State University Law Review
This Act primarily functions to revise elections and voting in three significant areas: voting access, ballot counting, and power and controls. With regard to voting access, the Act confines drop boxes to early voting sites, requires identification for absentee voting, changes the early voting hours, criminalizes the handing out of food and water to voters in line, moves up absentee ballot deadlines, bans voting buses, deems provisional ballots cast in the improper precinct void, restricts the mass mailing of absentee ballot request forms, removes limitations on voter eligibility challenges, and opens the potential for more voting sites when there are …
The President Who Cried Voter Fraud: A Recurring Theme Of Baseless Allegations, Alyssa F. Mccartney
The President Who Cried Voter Fraud: A Recurring Theme Of Baseless Allegations, Alyssa F. Mccartney
University of Massachusetts Law Review
In 2019, Pennsylvania enacted Act 77, the first update to the Pennsylvania Election Code in nearly eighty years. Passed on a bipartisan basis, the law included a measure that permitted “no reason” mail-in ballots. Act 77 allowed any registered voter to request a ballot by mail, fill it out in the applicable time frame, and send it back to be processed. In the wake of a global pandemic that left Americans unable to leave their homes, this necessary update caused quite the controversy only a few months after it was passed. The primary election used the updated process for the …
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Challenges and potential solutions during the 87th Texas Legislative session.
Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy
Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy
Dickinson Law Review (2017-Present)
The current consensus among commentators is that the flood of cases challenging the 2020 presidential election results was almost completely meritless. This consensus is correct as to the ultimate result, but not as to the courts’ treatment of standing. In their (understandable) zeal to reject sometimes frivolous attempts to overturn a legitimate election and undermine public confidence in our electoral system, many courts were too quick to rule that plaintiffs lacked standing. These rulings resulted in unjustified sweeping rulings that voters were not injured even if their legal votes were diluted by states accepting illegal votes; that campaigns did not …
Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies
Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies
Helms School of Government Undergraduate Law Review
No abstract provided.
Election Administration: The Effect Of Race On Election Technology Implementation And Advancement In The United States, Danielle Blaustein
Election Administration: The Effect Of Race On Election Technology Implementation And Advancement In The United States, Danielle Blaustein
Honors Theses
A necessary condition for democracy is the ability for citizens to be heard. The way by which this is done is through electing officials that represent a diverse set of beliefs and values. The mechanism by doing this is through elections. At a quick glance, elections appear to play a minor role in democracy. But in fact, the foundations of elections are essential to our understanding of American democracy. It is assumed that the implementation of an electoral system is sufficient for American democracy. Diving deeper into the complexities of election systems provides evidence for benchmarks that prevent elections from …
Impact Of New York’S “Wrong Church” Ballot Disqualification Rule In The 2020 General Election, Rachel Landy, Jarret Berg
Impact Of New York’S “Wrong Church” Ballot Disqualification Rule In The 2020 General Election, Rachel Landy, Jarret Berg
Online Publications
In 2020, more than 13,800 New York voters, eager to cast their ballots in the General Election, walked into a polling place and presented themselves to poll workers, who were unable to locate those voters in the poll book, even though they were registered. Poll workers directed them to vote provisionally by affidavit ballot and each did so. However, as officials determined several days later, these voters had all turned out and cast a ballot at a poll site in their county that was different from the one assigned to them, a fatal technical pitfall under New York’s election law. …
Foreign Cyber Interference In Elections, Michael N. Schmitt
Foreign Cyber Interference In Elections, Michael N. Schmitt
International Law Studies
In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria, Estonia, France, Germany, Hungary, …
Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
Law Faculty Scholarly Articles
COVID-19 has wreaked havoc on so much of our lives, including how to run our elections. Yet the federal courts have refused to respond appropriately to the dilemma that many voters faced when trying to participate in the 2020 election. Instead, the courts—particularly the U.S. Supreme Court and the federal appellate courts—invoked a narrow test that unduly defers to state election administration and fails to protect adequately the fundamental right to vote.
Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes
Elections: Elections And Primaries Through The Pandemic, Joseph M. Brickman, Logan D. Kirkes
Georgia State University Law Review
The 2020 election cycle was all but normal. Due to certain health concerns associated with the COVID-19 pandemic, Georgia delayed its primary election three months from March to June and summarily mailed absentee ballot request forms to all active, registered voters. From presidential social media postings to a federal lawsuit, debate ensued over the widespread usage of absentee ballots, their overall effectiveness and security, who would receive request forms, and whether postage requirements qualified as an impermissible poll tax. To further compound these uncertainties, Georgia legislators, who are not permitted to fundraise or campaign during the forty-day legislative session, had …
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
Law Faculty Scholarship
[excerpt] I recently was asked whether the Constitution requires a peaceful transfer of power following an election. Sadly, the questions is not merely theoretical. President Trump has stated that, if he loses the upcoming election, it will be through fraud. And he has made it clear that he will be unrestrained in his response to any efforts to oust him from office through an election he pronounces fraudulent.
The question of whether the Constitution requires a peaceful transfer of power prompts consideration of how we should conceptualize our Constitution. Is the Constitution merely the document that was written in 1787, …
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
University of Massachusetts Law Review
This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
A More Perfect Electoral College: Challenging Winner-Takes-All Provisions Under The Twelfth Amendment, Eric T. Tollar, Spencer H. Kimball
Legislation and Policy Brief
No abstract provided.
The Segregation Of Markets, Christian Turner
The Segregation Of Markets, Christian Turner
Texas A&M Law Review
Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping”—rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another market …
Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
UF Law Faculty Publications
This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …
Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber
Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber
Daniel A Farber
No abstract provided.
Notice, Due Process, And Voter Registration Purges, Anthony J. Gaughan
Notice, Due Process, And Voter Registration Purges, Anthony J. Gaughan
Cleveland State Law Review
In the 2018 case of Husted v. A. Philip Randolph Institute, a divided United States Supreme Court upheld the procedures that Ohio election authorities used to purge ineligible voters from the state’s registration lists. In a 5-4 ruling, the majority ruled that the Ohio law complied with the National Voter Registration Act of 1993 (NVRA) as amended by the Help America Vote Act of 2002 (HAVA). This Article contends that the controlling federal law—the NVRA and HAVA—gave the Supreme Court little choice but to decide the case in favor of Ohio’s secretary of state. But this article also argues …
Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz
Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Marquette Law Review
After an extremely partisan gerrymander in 2011, Wisconsin needs redistricting reform in order to eliminate partisan politics from the process. Now more than ever, momentum for change has reached its peak: the Wisconsin legislative maps as drawn in 2011 were ruled unconstitutional in Whitford v. Gill; the Supreme Court has recently ruled in favor of states implementing independent redistricting commissions; and nearly half of the states in the United States are beginning to use independent commissions for redistricting. This Comment proposes a unique approach for Wisconsin to adopt in order to curtail gerrymandering: the Wisconsin Impartial Citizens Redistricting Commission (WICRC). …
The Boundaries Of Partisan Gerrymandering, John M. Greabe
The Boundaries Of Partisan Gerrymandering, John M. Greabe
Law Faculty Scholarship
[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.
Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.
The problem is that voters from certain racial groups tend to vote overwhelmingly for …