Open Access. Powered by Scholars. Published by Universities.®

Election Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1134 Full-Text Articles 862 Authors 282090 Downloads 85 Institutions

All Articles in Election Law

Faceted Search

1134 full-text articles. Page 1 of 35.

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson 2017 University of Miami Law School

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson

University of Miami Race & Social Justice Law Review

No abstract provided.


Local Democracy On The Ballot, Joshua A. Douglas 2017 University of Kentucky

Local Democracy On The Ballot, Joshua A. Douglas

Joshua A. Douglas

This Essay, focusing particularly on voter-backed local election rules, proceeds in three parts. Part I highlights how local laws play a significant role in dictating voting rights and election rules. Too often election law scholars focus solely on federal or state law. But local laws are also important in defining the right to vote and providing rules for our democracy. New local election law experiments in one place can highlight innovative reforms that other cities and states may eventually adopt. This avenue to election law reform is particularly important given the current political climate. Part II considers local ballot initiatives ...


A Pivotal Moment For Election Law, Joshua A. Douglas 2017 University of Kentucky

A Pivotal Moment For Election Law, Joshua A. Douglas

Joshua A. Douglas

In this brief Foreword to the Kentucky Law Journal Symposium Issue, I chronicle the importance of Justice Scalia's death to election law jurisprudence and highlight the articles in this Issue that will shape the debate in the coming years. Part I looks at how a replacement for Justice Scalia could change, solidify, or extend various aspects of election law doctrine. Part II then summarizes the seven articles in this Symposium Issue, explaining how fresh eyes on the Court could potentially give these proposals a boost. This is a pivotal moment for election law. The Kentucky Law Journal articles in ...


Gerrymandering (Almost) Gone Wild: How The Supreme Court Saved Independent Redistricting Reform, Michael Woods 2017 University of Florida Levin College of Law

Gerrymandering (Almost) Gone Wild: How The Supreme Court Saved Independent Redistricting Reform, Michael Woods

Florida Law Review

Elections have consequences. In the 2010 U.S. midterm elections, the Republican Party made historic congressional gains. After the election, much political discourse focused on the incoming battle between the new Republican Congress and President Barack Obama. Yet the midterm results affected much more than the presidential agenda, as the Republican Party also achieved impressive state-level gains that resulted in control of many legislative chambers nationwide. These sweeping state-level gains did not affect policy alone. The Democratic Party—and the Republican Party in several “blue” states—paid a drastic price: the gerrymandered results of the 2010 decennial redistricting cycle.

As ...


The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle 2017 Boston College Law School

The Limits Of Executive Clemency: How The Virginia Supreme Court Blocked The Restoration Of Felons’ Political Rights In Howell V. Mcauliffe, Alexander Pringle

Boston College Journal of Law & Social Justice

On July 22, 2016, the Supreme Court of Virginia found Virginia Governor Terence McAuliffe’s actions restoring full political rights to 206,000 Virginians convicted of a felony unconstitutional. At the same time, the court issued a writ of mandamus ordering Commonwealth officials to remove these convicted felons from the voting rolls and return their names to the list of prohibited voters. Governor McAuliffe had restored the political rights of these released felons en masse, via a single Executive Order on April 22, 2016, eschewing the typical case-by-case review process for restoration of voting rights. The majority in the case ...


Identity Crisis: Veasey V. Abbott And The Unconstitutionality Of Texas Voter Id Law Sb 14, Mary Kate Sexton 2017 Boston College Law School

Identity Crisis: Veasey V. Abbott And The Unconstitutionality Of Texas Voter Id Law Sb 14, Mary Kate Sexton

Boston College Journal of Law & Social Justice

In July 2016, the United States Court of Appeals for the Fifth Circuit reheard en banc its own three-judge panel decision ruling that Texas Senate Bill 14 (SB 14), a law requiring individuals to present a form of photo identification in order to vote, was unconstitutional in violation of the First and Fifteenth Amendments to the U.S. Constitution and Section 2 of the Voting Rights Act. The en banc Fifth Circuit reversed the District Court for the Southern District of Texas’s decision that SB 14 violated Section 2 of the Voting Rights Act. The en banc Fifth Circuit ...


No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand 2017 University of Georgia School of Law

No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand

Georgia Journal of International & Comparative Law

No abstract provided.


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson 2017 University of Georgia School of Law

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Boundaries Of Partisan Gerrymandering, John M. Greabe 2017 University of New Hampshire School of Law

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Legal 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 a single party ...


Local Democracy On The Ballot, Joshua A. Douglas 2017 University of Kentucky

Local Democracy On The Ballot, Joshua A. Douglas

Law Faculty Scholarly Articles

This Essay, focusing particularly on voter-backed local election rules, proceeds in three parts. Part I highlights how local laws play a significant role in dictating voting rights and election rules. Too often election law scholars focus solely on federal or state law. But local laws are also important in defining the right to vote and providing rules for our democracy. New local election law experiments in one place can highlight innovative reforms that other cities and states may eventually adopt. This avenue to election law reform is particularly important given the current political climate.

Part II considers local ballot initiatives ...


The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty 2017 University of Maine School of Law

The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty

Maine Law Review

In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance ...


Election Slapps: Effective At Supressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah McGowan Kelly 2017 University of Maine School of Law

Election Slapps: Effective At Supressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah Mcgowan Kelly

Maine Law Review

Most states have established an intricate network of rules and procedures that independent candidates need to follow in order to get on the state’s ballot for the presidential election. If a candidate manages to make it onto a state’s ballot, most states also have a mechanism that allows almost anyone to challenge the process the candidate went through to get on the ballot. Citizens can challenge the candidate’s nomination petition, and then appeal the decision on the challenge at several different levels. An independent candidate running for national office can become embroiled in simultaneous petition challenges, and ...


Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase 2017 Notre Dame Law School

Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase

Journal of Legislation

No abstract provided.


The Current State Of Election Law In The United States, Mark Rush 2017 Washington and Lee University

The Current State Of Election Law In The United States, Mark Rush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit 2017 University of Michigan Law School

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.


A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy 2017 Harvard Law School

A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy

Nevada Law Journal Forum

Trump’s narrow victories in swing states could have been caused by any number of factors, but it is still significant that there was a nation-wide shift of the non-college white electorate, male and female. Many non-college Democrats who had voted for Obama did not turn out for Hillary and some voted for Trump; many Republicans who had not voted for Romney turned out for Trump. This article proposes, as part of the explanation, a rebellion of non-college whites against the consequences for poor communities, in red states or in red pockets in blue states, of four decades of neoliberal ...


One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley 2017 Indiana University Maurer School of Law

One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley

Indiana Law Journal

In 1863, on the hallowed fields at Gettysburg, Abraham Lincoln encapsulated a core principle of democracy by describing our system as a “government of the people, by the people, [and] for the people.” This definition accurately depicts the ideal of democracy—that supreme power is vested in the citizenry, not in the government itself. Since the American model is based on representative democracy instead of direct democracy, extreme scrutiny must be placed upon the system of choosing representatives if government is to accurately represent the will of the people.

One of the greatest abuses of a citizen’s voting rights ...


Voting, Spending, And The Right To Participate, Robert Yablon 2017 University of Wisconsin-Madison

Voting, Spending, And The Right To Participate, Robert Yablon

Northwestern University Law Review

While the law governing the electoral process has changed dramatically in the past decade, one thing has stayed the same: Courts and commentators continue to view voting in elections and spending on elections through distinct constitutional lenses. On the spending side, First Amendment principles guide judicial analysis, and recent decisions have been strongly deregulatory. On the voting side, courts rely on a makeshift equal protection-oriented framework, and they have tended to be more accepting of regulation. Key voting and spending precedents seldom cite each other. Similarly, election law scholars typically address voting and spending in isolation.

This Article challenges the ...


The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman 2017 Boies, Schiller & Flexner LLP

The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman

University of Michigan Journal of Law Reform

The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in ...


Ni Si, Ni No, Sino Todo Lo Contrario: El Tribunal Electoral, La Iglesia Católica Y La Imposible Nulidad De La Elección De Gobernador En Aguascalientes, Javier Martín Reyes 2017 Columbia University

Ni Si, Ni No, Sino Todo Lo Contrario: El Tribunal Electoral, La Iglesia Católica Y La Imposible Nulidad De La Elección De Gobernador En Aguascalientes, Javier Martín Reyes

Javier Martín Reyes

En el presente artículo se realiza un análisis crítico de la sentencia de la Sala Superior del Tribunal Electoral del Poder Judicial de la Federación (TEPJF) mediante la cual validó la elección de Gobernador de Aguascalientes de 2016. En este asunto, la Sala acreditó plenamente que el Obispo de Aguascalientes y otros ministros de culto intervinieron de manera ilegal en la contienda electoral, violando con ello los principios de laicidad y de separación del Estado y las iglesias. No obstante lo anterior, para la mayoría de la Sala Superior estas violaciones no fueron ni graves ni determinantes y, en consecuencia ...


Digital Commons powered by bepress