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Articles 31 - 60 of 74

Full-Text Articles in Election Law

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell Jan 2011

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell

Law Faculty Publications

Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.


Election Law, Christopher R. Nolen Nov 2009

Election Law, Christopher R. Nolen

University of Richmond Law Review

No abstract provided.


Recent Developments In Absentee Voting, James Alcorn Jan 2009

Recent Developments In Absentee Voting, James Alcorn

Richmond Journal of Law and the Public Interest

With the votes cast and counted, the political signs down, and the final dollars tallied, most people were glad to have election season behind them. For the election community, however, the groundwork for future decisions was beginning anew. The 2009 session of the Virginia General Assembly again saw a large number of bills related to election administration.1 Included in those were a large number of absentee voting bills.2 For the last fifteen years, legislators have introduced numerous bills related to absentee voting, and roughly half of these bills have succeeded. 3 While the rest of the country considers large election …


Bipartisan Redistricting, Senator R. Creigh Deeds Jan 2009

Bipartisan Redistricting, Senator R. Creigh Deeds

Richmond Journal of Law and the Public Interest

The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …


Recent Developments In Absentee Voting, James Alcorn Jan 2009

Recent Developments In Absentee Voting, James Alcorn

Richmond Public Interest Law Review

With the votes cast and counted, the political signs down, and the final dollars tallied, most people were glad to have election season behind them. For the election community, however, the groundwork for future decisions was beginning anew. The 2009 session of the Virginia General Assembly again saw a large number of bills related to election administration.1 Included in those were a large number of absentee voting bills.2 For the last fifteen years, legislators have introduced numerous bills related to absentee voting, and roughly half of these bills have succeeded. 3 While the rest of the country considers large election …


Bipartisan Redistricting, Senator R. Creigh Deeds Jan 2009

Bipartisan Redistricting, Senator R. Creigh Deeds

Richmond Public Interest Law Review

The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …


A Defense Of Legislative Redistricting, Delegate Mark Cole Jan 2009

A Defense Of Legislative Redistricting, Delegate Mark Cole

Richmond Public Interest Law Review

Virginia is one of thirty-six states in which the legislature holds primary responsibility for the process of redrawing the lines of legislative and congressional districts after the completion of each decennial census. During the last two sessions of the Virginia General Assembly, however, there have been concerted efforts by Governor Tim Kaine, General Assembly Democrats, and a collection of interest groups calling themselves the Virginia Redistricting Coalition to limit the legislature's responsibility for redistricting. In 2008 and 2009, those efforts failed.


A Defense Of Legislative Redistricting, Delegate Mark Cole Jan 2009

A Defense Of Legislative Redistricting, Delegate Mark Cole

Richmond Journal of Law and the Public Interest

Virginia is one of thirty-six states in which the legislature holds primary responsibility for the process of redrawing the lines of legislative and congressional districts after the completion of each decennial census. During the last two sessions of the Virginia General Assembly, however, there have been concerted efforts by Governor Tim Kaine, General Assembly Democrats, and a collection of interest groups calling themselves the Virginia Redistricting Coalition to limit the legislature's responsibility for redistricting. In 2008 and 2009, those efforts failed.


Reconsidering Virginia Judicial Selection, Carl W. Tobias Nov 2008

Reconsidering Virginia Judicial Selection, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles May 2008

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.


Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska Jan 2008

Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska

Richmond Journal of Law and the Public Interest

This Article explores the question of whether HAVA requires matching, as well as the subsidiary question of whether HAVA mandates matching in states requiring voters to present a form of identification at the time of voting. The first question is a close one. However, on the second question, at least some courts are likely to conclude that HAVA exempts a state from having a matching program if the state requires identification from every voter at the polls. This Article makes a few modest recommendations to administrators trying to avoid the possibility of a lawsuit.


Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska Jan 2008

Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska

Richmond Public Interest Law Review

This Article explores the question of whether HAVA requires matching, as well as the subsidiary question of whether HAVA mandates matching in states requiring voters to present a form of identification at the time of voting. The first question is a close one. However, on the second question, at least some courts are likely to conclude that HAVA exempts a state from having a matching program if the state requires identification from every voter at the polls. This Article makes a few modest recommendations to administrators trying to avoid the possibility of a lawsuit.


Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers Jan 2008

Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers

Richmond Public Interest Law Review

Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …


Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel Jan 2008

Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel

Richmond Public Interest Law Review

Immediately after the BCRA became law, its constitutionality was Supreme Court of the United States upheld all of the Act's major provisions. This Article will examine four main empirical claims the Court makes in McConnell: (1) wealthy campaign donors are able to buy greater access to politicians with campaign contributions, (2) limits on freedom to associate within party committees are necessary in order to prevent campaign finance abuses, (3) reductions in campaign funding will not inhibit political campaigns, and (4) those who purchase campaign advertisements must be identified so voters are not misled by the advertisements' messages. The first two …


Baker V. Carr, 369 U.S. 186 (1962), Henry L. Chambers, Jr. Jan 2008

Baker V. Carr, 369 U.S. 186 (1962), Henry L. Chambers, Jr.

Law Faculty Publications

Baker v. Carr, 369 U.S. 186 (1962) marked the U.S. Supreme Court's entry into the "political thicket" of apportionment and electoral politics that Justice Felix Frankfurter, in his opinion in Colegroe v. Green, 328 U.S. 549 (1946), warned the Court that it should avoid.


Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa Jan 2008

Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa

Richmond Public Interest Law Review

Davis has raised numerous campaign finance issues: the precise definition of corruption in the electoral process; whether the government has an important interest in leveling the playing field of campaign finance to battle the perception that money can buy a seat in Congress; whether variations in contribution limits actually chill political speech by discouraging a candidate from self-financing; and, even if it does, whether the government interest is sufficient to allow raised limits. Part II of this note explores the history of campaign finance regulation through Congress and the courts, specifically focusing on self-financed candidates and the consideration of expenditure …


Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers Jan 2008

Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers

Richmond Journal of Law and the Public Interest

Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …


Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel Jan 2008

Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel

Richmond Journal of Law and the Public Interest

Immediately after the BCRA became law, its constitutionality was Supreme Court of the United States upheld all of the Act's major provisions. This Article will examine four main empirical claims the Court makes in McConnell: (1) wealthy campaign donors are able to buy greater access to politicians with campaign contributions, (2) limits on freedom to associate within party committees are necessary in order to prevent campaign finance abuses, (3) reductions in campaign funding will not inhibit political campaigns, and (4) those who purchase campaign advertisements must be identified so voters are not misled by the advertisements' messages. The first two …


Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa Jan 2008

Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa

Richmond Journal of Law and the Public Interest

Davis has raised numerous campaign finance issues: the precise definition of corruption in the electoral process; whether the government has an important interest in leveling the playing field of campaign finance to battle the perception that money can buy a seat in Congress; whether variations in contribution limits actually chill political speech by discouraging a candidate from self-financing; and, even if it does, whether the government interest is sufficient to allow raised limits. Part II of this note explores the history of campaign finance regulation through Congress and the courts, specifically focusing on self-financed candidates and the consideration of expenditure …


Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour Nov 2007

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.


Election Law, Christopher R. Nolen Nov 2006

Election Law, Christopher R. Nolen

University of Richmond Law Review

Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.


Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.


The Judicial Nominations Wars, William P. Marshall Mar 2005

The Judicial Nominations Wars, William P. Marshall

University of Richmond Law Review

No abstract provided.


Johnson V. Degrandy, Henry L. Chambers, Jr. Jan 2005

Johnson V. Degrandy, Henry L. Chambers, Jr.

Law Faculty Publications

512 U.S. 997 (1994), argued 4 OCT. 1993, decided 30 June 1994 by vote of 7 to 2 Souter for the Court, O'Connor concurring, Kennedy concurring in part and concurring in the judgment, Thomas and Scalia in dissent.


Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari Jan 2004

Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari

Richmond Journal of Law and the Public Interest

In the United States today the vast majority of states conduct elections in some form or fashion to select members of the judiciary. These elections bring into conflict two ideals of American government: officials who are accountable to the people, and the idea of a fair and impartial judiciary. Organizations such as the American Bar Association and the American Judicature Society have expressed misgivings about judicial elections for years; however, judicial elections continue to have support from voters. Judicial elections raise a myriad of ethical and political questions that have been the source of heated debate for years; however, several …


Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari Jan 2004

Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari

Richmond Public Interest Law Review

In the United States today the vast majority of states conduct elections in some form or fashion to select members of the judiciary. These elections bring into conflict two ideals of American government: officials who are accountable to the people, and the idea of a fair and impartial judiciary. Organizations such as the American Bar Association and the American Judicature Society have expressed misgivings about judicial elections for years; however, judicial elections continue to have support from voters. Judicial elections raise a myriad of ethical and political questions that have been the source of heated debate for years; however, several …


Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain May 2003

Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain

University of Richmond Law Review

No abstract provided.


Hybridizing Citizenship, Kathryn Abrams May 2003

Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.


Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan May 2003

Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.


Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer May 2003

Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.