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A New Way For Voting In American Elections: Addressing The Patentability Of A Blockchain Mail-In Voting System, Brandon D. Waller Oct 2021

A New Way For Voting In American Elections: Addressing The Patentability Of A Blockchain Mail-In Voting System, Brandon D. Waller

Journal of Intellectual Property Law

The novel corona virus turned life upside down throughout the world in 2020. One of its many impacts was the fear it gave people of going out in public as doing such could increase the likelihood of contraction. This disease happened to come about during an election year in the United States and this raised many questions about how voting could be safely conducted. A hot topic debate took over America as to whether or not mail-in voting would suffice. The United States Postal Service sought to find a reliable way to conduct mail-in voting and filed for a patent …


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

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.


The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis Jan 2021

The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis

Georgia Law Review

This Essay describes the “voting rights paradox”—the fact
that despite America’s professed commitment to universal
enfranchisement, voting rights legislation throughout U.S.
history has arisen in some states to serve antidemocratic,
exclusionary ends. This Essay argues that this contradiction
comes into focus when the right to vote is understood as having
as an ideological driving force based on worthiness for
admission to the franchise. This ideology of worthiness persists
because the right to vote is dependent on political decisions left
to the political branches and the majority’s willingness to allow
propaganda to influence the scope of the franchise.
Ultimately, this Essay …


Electoral Votes Regularly Given, Derek T. Muller Jan 2021

Electoral Votes Regularly Given, Derek T. Muller

Georgia Law Review

Every four years, Congress convenes to count presidential
electoral votes. In recent years, members of Congress have
objected or attempted to object to the counting of electoral votes
on the ground that those votes were not “regularly given.” That
language comes from the Electoral Count Act of 1887. But the
phrase “regularly given” is a term of art, best understood as
“cast pursuant to law.” It refers to controversies that arise after
the appointment of presidential electors, when electors cast
their votes and send them to Congress. Yet members of Congress
have incorrectly used the objection to challenge an assortment …


In Defense Of The Foundation Stone: Deterring Post-Election Abuse Of The Legal Process, Joyce G. Lewis, Adam M. Sparks Jan 2021

In Defense Of The Foundation Stone: Deterring Post-Election Abuse Of The Legal Process, Joyce G. Lewis, Adam M. Sparks

Georgia Law Review

The COVID-19 pandemic has upended the American way of
life and revolutionized the way we vote. Record voter turnout in
2020, including among first-time voters and voters of color, was
met with unprecedented legal challenges seeking to nullify
millions of votes. A coordinated effort to amplify groundless
accusations of voting fraud, shorthanded as “the Big Lie,” was
advanced in multiple states through scores of lawsuits.
Although the cases themselves were dismissed as lacking merit
and as failing to state actionable claims, their impact upon
public confidence in free and fair elections was palpable and
the resources of the courts and …


Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz Jan 2021

Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz

Georgia Law Review

The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College …


Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis Jan 2021

Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis

Georgia Law Review

Requiring masks at the polls might implicate a clash
between two vital rights: the constitutional right to vote and the
right to protect one’s health. Yet the debate during the 2020
election over requirements to wear a mask at the polls obscured
one key fact: a majority of Americans supported a mask
mandate for voting. That is the new insight we provide in this
Essay: when surveyed, Americans strongly supported safety
measures for in-person voting, and that support was high
regardless of partisanship. One implication of our results is
that by making some widely supported safety modifications,
state election officials …