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On The Ballot For Nov. 2, 2021: The Constitutional Amendment On Redistricting, Jeffrey M. Wice, Todd Breitbart 2021 New York Law School

On The Ballot For Nov. 2, 2021: The Constitutional Amendment On Redistricting, Jeffrey M. Wice, Todd Breitbart

Redistricting Resources

On November 2, 2021, New York State voters will be asked to approve a constitutional amendment revising the redistricting process to be based on the 2020 census. If the constitutional amendment is approved, the changes will take effect on January 1, 2022. This amendment is necessary to address delays in the census created by the pandemic and to accommodate New York State’s change from a September primary to an earlier June primary for both federal and state elections. These changes compressed the time needed to complete the redistricting. Without these changes, it is possible that the new districts will ...


S.2670 U.S. Senate Redistricting Bill, Marissa Zanfardino 2021 New York Law School

S.2670 U.S. Senate Redistricting Bill, Marissa Zanfardino

Redistricting Resources

This bill was introduced in the Senate by Senator Charles E. Schumer on August 6, 2021 and its consideration was blocked by the Senate on August 11, 2021. It outlines national reform for redistricting.


Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan 2021 University of Maine School of Law

Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan

Maine Law Review

Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate ...


Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies 2021 Liberty University

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.


Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens 2021 University of Georgia School of Law

Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin 2021 Elisabeth Haub School of Law at Pace University

Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The Trump Administration challenged notions of good governance. It challenged our expectation of majoritarian legitimacy to the extent only a minority of voters elected President Donald Trump in 2016. It challenged our demands for reasoned decision-making insofar as the President sought to dismantle the administrative state and govern by fiat. It challenged our expectation of checks and balances in the way it approached appointments and removals to accumulate power at the expense of congressional design. These challenges sound in different legal theories, but they all reflect shattered expectations of good governance. And yet, the most lasting legacy of the Trump ...


“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart 2021 Brooklyn Law School

“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart

Journal of Law and Policy

How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have ...


Ranked-Choice Voting As Reprieve From The Court-Ordered Map, Benjamin P. Lempert 2021 University of Michigan Law School

Ranked-Choice Voting As Reprieve From The Court-Ordered Map, Benjamin P. Lempert

Michigan Law Review

Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial ...


Election Administration: The Effect Of Race On Election Technology Implementation And Advancement In The United States, Danielle Blaustein 2021 Union College - Schenectady, NY

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 ...


An Analysis Of The Relationship Between Voting Law Stringency And Voter Fraud, Nicholas J. Stark 2021 Liberty University

An Analysis Of The Relationship Between Voting Law Stringency And Voter Fraud, Nicholas J. Stark

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

The debate on election integrity usually centers upon two competing views. First, the conservative view, makes the claim that combating voter fraud is the most important aspect of preserving election integrity. Conservatives argue that voter fraud is rampant and has a meaningful impact on the outcomes of elections. In order to provide free and secure elections, states need to enact more stringent voting laws. The argument hinges on a correlation between relaxed voting laws and more instances of voter fraud.

The second view, held by liberals, is that the conservative argument actually fosters voter suppression, which is more damaging to ...


New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe 2021 Walter Sisulu University

New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe

SAIPAR Case Review

This case will impact constitutional law, constitutional interpretation, and electoral law in the sense that it will likely remain for a long time the leading case on independent candidates in South Africa. This is an important question that has also been raised elsewhere, like it did recently in Namibia. In both South Africa and Namibia, the question was raised as to the desirability of independent candidates. With the decision in NNM, the Constitutional Court has enabled South Africa to join nations like Namibia in permitting independent candidates.


Autocratic Influence In Democratic Transitions: How The Timing Of Constitutional Reform Impacts Democratic Consolidation, Benjamin Hotchner 2021 William & Mary

Autocratic Influence In Democratic Transitions: How The Timing Of Constitutional Reform Impacts Democratic Consolidation, Benjamin Hotchner

Undergraduate Honors Theses

Perhaps no document better symbolizes a nation-state than a written constitution. In particular, during the unstable period of transition between autocracy and democracy, the investment of political and cultural capital in creating an entirely new constitution reflects an expectation on the part of participants that constitutions can exercise independent and legitimate authority on citizens and government within its jurisdiction. Thus, as constitutions either prologue a period of democratic renewal (e.g South Africa, 1994) or constrain later democratic institutions (e.g. Chile, 1989), they offer important contributions to democratic theory (Mallios). This mixed-methodology study will attempt to explain how these ...


Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon 2021 William & Mary Law School

Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon

William & Mary Bill of Rights Journal

No abstract provided.


Counting Heads: The Decennial Census And Adjustments To Enumeration, Jay E. Town 2021 Former United States Attorney for the Northern District of Alabama and current Vice President and General Counsel at Gray Analytics

Counting Heads: The Decennial Census And Adjustments To Enumeration, Jay E. Town

Notre Dame Law Review Reflection

The 2020 Decennial Census has become a lightning rod for litigious civil rights organizations, state attorneys general, and even members of Congress. At stake is the apportionment of representatives in the House of Representatives and the Electoral College divided amongst the several states. Furthermore, the “headcount” determines the allotment of $1.5 trillion in nondiscretionary federal dollars to be distributed to the various states based on the persons who are counted in each. The headcount is also used in redistricting of congressional districts. Make no mistake, litigation surrounds the manner in which the census arrives at its headcount after every ...


Saskatchewan 2024: Making Change Happen - New Democratic Party Of Saskatchewan Election Review Panel Report, Gerry Scott, Judy Bradley, Modeste McKenzie, Craig M. Scott, Brian Topp 2021 Osgoode Hall Law School of York University

Saskatchewan 2024: Making Change Happen - New Democratic Party Of Saskatchewan Election Review Panel Report, Gerry Scott, Judy Bradley, Modeste Mckenzie, Craig M. Scott, Brian Topp

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.


Political Redistricting In The Post-Rucho Era, Robert Fisch 2021 University of the District of Columbia School of Law

Political Redistricting In The Post-Rucho Era, Robert Fisch

University of the District of Columbia Law Review

In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power ...


Foreign Cyber Interference In Elections, Michael N. Schmitt 2021 University of Reading

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 ...


Corporations "Pac" A Punch: Corporate Involvement's Influence In Elections And A Proposal For Public Campaign Financing In Ohio, Taylor Hagen 2021 Cleveland-Marshall College of Law

Corporations "Pac" A Punch: Corporate Involvement's Influence In Elections And A Proposal For Public Campaign Financing In Ohio, Taylor Hagen

Cleveland State Law Review

In 2010, the United States Supreme Court in a 5-4 decision ruled that limiting corporate spending in elections violates the First Amendment right to free speech. With this decision, the Supreme Court overturned election spending restrictions that dated back more than a century. Before Citizens United v. FEC was decided, the Court had previously held that these restrictions were permissible because there is a governmental interest in preventing election and campaign corruption. Now, corporations may expend unlimited funds for outside election spending, to super PACs, and may even establish their own PACs. Increased corporate involvement in elections has deteriorated American ...


A Defense Of The Electoral College In The Age Of Trump, John Yoo 2021 Pepperdine University

A Defense Of The Electoral College In The Age Of Trump, John Yoo

Pepperdine Law Review

In the aftermath of the 2016 U.S. Presidential Election, where Donald J. Trump lost the popular vote by nearly 3 million votes but still secured victory in the Electoral College, renewed efforts to delegitimize or abolish the Electoral College system have surfaced. Critics, calling for a direct national vote for President, attacked the legitimacy of the election and decried the Constitution’s method of presidential selection as antiquated and undemocratic. Some legal scholars even suggested that the Electoral College must be abolished to disentangle it from America’s racist past and history of slavery. Recently, though, reformers in several ...


Our Campaign Finance Nationalism, Eugene D. Mazo 2021 Pepperdine University

Our Campaign Finance Nationalism, Eugene D. Mazo

Pepperdine Law Review

Campaign finance is the one area of election law that is most difficult to square with federalism. While voting has a strong federalism component—elections are run by the states and our elected officials represent concrete geographical districts—our campaign finance system, which is rooted in the First Amendment, almost entirely sidesteps the boundaries of American federalism. In so doing, our campaign finance system creates a tenuous connection between a lawmaker’s constituents, or the people who elect him, and the contributors who provide the majority of his campaign cash. The recent explosion of outside spending in American elections by ...


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