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The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law is experiencing immense change. The Supreme Court’s recent approach to election law cases has significant implications for the scope of the right to vote and the meaning of political participation and self-governance. This Article examines the importance of the Court’s recent pronouncement that plaintiffs can bring election law challenges only as applied to a particular political actor for a particular situation, instead of challenging a law in its entirety. The “as-applied only” rule may seem like simply a procedural method for construing election laws or a mere semantic distinction, but, as I show, in reality the Court’s decisions …
Abolishing The Time Tax On Voting, Elora Mukherjee
Abolishing The Time Tax On Voting, Elora Mukherjee
Faculty Scholarship
A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …