Election Law Commons^™

Legislative Delegations And The Elections Clause, Derek T. Muller

Florida State University Law Review

No abstract provided.

Rescuing Retrogression, Michael J. Pitts

Florida State University Law Review

No abstract provided.

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.

Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning

Articles & Chapters

No abstract provided.

Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts

Kentucky Law Journal

No abstract provided.

Aggregate Corruption, Michael D. Gilbert, Emily Reeder

Kentucky Law Journal

No abstract provided.

A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, Emily V. Cox

Georgia Law Review

On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of …

State Judges And The Right To Vote, Joshua A. Douglas

Law Faculty Scholarly Articles

State courts are paramount in defining the constitutional right to vote. This primacy of state courts exists in part because the right to vote is a state-based right protected under state constitutions. In addition, election administration is largely state-driven, with states regulating most of the rules for casting and counting ballots. State law thus guarantees—and state courts interpret—the voting rights that we cherish so much as a society. State courts that issue rulings broadly defining the constitutional right to vote best protect the most fundamental right in our democracy; state decisions that constrain voting to a narrower scope do harm …

In Defense Of Lowering The Voting Age, Joshua A. Douglas

Law Faculty Scholarly Articles

This Essay outlines the various policy arguments in favor of lowering the voting age to sixteen. Part I presents a very brief history of the voting age in U.S. elections. It notes that setting the voting age at eighteen is, in many ways, a historical accident, so lowering the voting age for local elections does not cut against historical norms. Part II explains that there are no constitutional barriers to local jurisdictions lowering the voting age for their own elections. Part III highlights the benefits to democracy and representation that lowering the voting age will engender. Turning eighteen represents a …

A Pivotal Moment For Election Law, Joshua A. Douglas

Kentucky Law Journal

No abstract provided.

Voting Realism, Gilda R. Daniels

Kentucky Law Journal

Since Shelby County v. Holder, the country has grown accustomed to life without the fl! strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modem day voting rights violations. In this new normal, the country should adopt "voting realism" as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.

Economic Precarity, Race, And Voting Structures, Atiba R. Ellis

Kentucky Law Journal

No abstract provided.

Arbitrating Ballot Battles?, Rebecca Green

Kentucky Law Journal

This short article posits that arbitration is an under-explored mechanism for resolving post-election disputes. As Professor Edward Foley documents in Ballot Battles: The History of Disputed Elections in the United States, post-election disputes have brought state and federal government to a political precipice numerous times in our history. A comprehensive, transparent, and fair arbitration process could well save us from another.

Gender And The Structural Constitution, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Quick And Dirty: The New Misreading Of The Voting Rights Act, Justin Levitt

Florida State University Law Review

The role of race in the apportionment of political power is one of the thorniest problems at the heart of American democracy, and reappears with dogged consistency on the docket of the Supreme Court. Most recently, the Court resolved a case from Alabama involving the Voting Rights Act and the appropriate use of race in redistricting. But though the Court correctly decided the narrow issue before it, the litigation posture of the case hid the fact that Alabama is part of a disturbing pattern. Jurisdictions like Alabama have been applying not the Voting Rights Act, but a ham-handed cartoon of …

Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole

Brooklyn Law Review

Both Citizens United and Hobby Lobby are notable for the Roberts Court’s personification of the corporation. In Citizens United, the United States Supreme Court expanded corporate speech rights in a political context; in Hobby Lobby, it accorded religious rights to corporations in an unprecedented manner. This article explains how the Court’s expansion of corporate personification has ignored both traditional corporate law doctrine regarding shareholder primacy and the fundamental distinction in corporate law between the corporate entity and the shareholders who control it.

The article takes a communitarian approach to corporate law analysis, recognizing that corporations play useful roles …

A "Checklist Manifesto" For Election Day: How To Prevent Mistakes At The Polls, Joshua A. Douglas

Florida State University Law Review

Mistakes happen—especially at the polls on Election Day. To fix this complex problem inherent in election administration, this Article proposes the use of simple checklists. Errors occur in every election, yet many of them are avoidable. Poll workers should have easy-to-use tools to help them on Election Day as they handle throngs of voters. Checklists can assist poll workers in pausing during a complex process to avoid errors. This is a simple idea with a big payoff: fewer lost votes, shorter lines at the polls, a reduction in post-election litigation, and smoother election administration. Further, unlike many other suggested election …

The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert

Florida State University Law Review

No abstract provided.

Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias

Law Faculty Publications

In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …