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Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas
Law Faculty Scholarly Articles
COVID-19 has wreaked havoc on so much of our lives, including how to run our elections. Yet the federal courts have refused to respond appropriately to the dilemma that many voters faced when trying to participate in the 2020 election. Instead, the courts—particularly the U.S. Supreme Court and the federal appellate courts—invoked a narrow test that unduly defers to state election administration and fails to protect adequately the fundamental right to vote.
"How The Sausage Gets Made": Voter Id And Deliberative Democracy, Joshua A. Douglas
"How The Sausage Gets Made": Voter Id And Deliberative Democracy, Joshua A. Douglas
Law Faculty Scholarly Articles
In 2020, Kentucky became the twentieth state to enact a law that requires voters to show a photo ID at the polls to vote. Yet the law is one of the most mild and reasonable photo ID laws to pass in recent memory. This article tells the inside story of how that law came to be. And it presents the broader story of how the process of crafting legislation, when employing a theory of deliberative democracy, can increase legitimacy and produce better results for the functioning of our elections. The Kentucky story therefore offers important lessons for election law policy …
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
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
Law Faculty Scholarly Articles
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 …