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Full-Text Articles in Law
On The Ballot For Nov. 2, 2021: The Constitutional Amendment On Redistricting, Jeffrey M. Wice, Todd Breitbart
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 not …
Summary Of New York State Redistricting Cases, Nicholas Stabile, Marissa Zanfardino
Summary Of New York State Redistricting Cases, Nicholas Stabile, Marissa Zanfardino
Redistricting Resources
This article contains summaries for all of the major redistricting cases in New York State. This article was created with assistance by Stephanie Hernandez, David Romero, and Scott Matsuda.
S.2670 U.S. Senate Redistricting Bill, Marissa Zanfardino
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.
Ranked-Choice Voting As Reprieve From The Court-Ordered Map, Benjamin P. Lempert
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 …
Political Redistricting In The Post-Rucho Era, Robert Fisch
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 of the Democrats in …
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Publications
Capitalizing on recent advances in algorithmic sampling, The Race-Blind Future of Voting Rights explores the implications of the long-standing conservative dream of certified race neutrality in redistricting. Computers seem promising because they are excellent at not taking race into account—but computers only do what you tell them to do, and the rest of the authors’ apparatus for measuring minority electoral opportunity failed every check of robustness and numerical stability that we applied. How many opportunity districts are there in the current Texas state House plan? Their methods can give any answer from thirty-four to fifty-one, depending on invisible settings. But …
Federalizing The Voting Rights Act, Travis Crum
Federalizing The Voting Rights Act, Travis Crum
Scholarship@WashULaw
In Presidential Control of Elections, Professor Lisa Marshall Manheim masterfully canvasses how “a president can affect the rules of elections that purport to hold him accountable” and thereby “undermine the democratic will and delegitimize the executive branch.” Bringing together insights from administrative law and election law, she categorizes how presidents exercise control over elections: priority setting through executive agencies, encouraging gridlock in independent agencies, and idiosyncratic exercise of their narrow grants of unilateral authority.
Manheim’s principal concern is an executive influencing elections to entrench themselves and their allies in power. Her prognosis for the future is steely-eyed, and she recognizes …