Election Law Commons^™

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

University of Richmond Law Review

No abstract provided.

Selecting The President: A Bad Idea Out There In California, Robert W. Bennett

NULR Online

No abstract provided.

Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Race And Class In The 21st Century Through The Lens Of Hurricane Katrina: Introduction, Dorothy A. Brown

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Katrina Voting Wrongs: Aftermath Of Hurricane And Weak Enforcement Dilute African American Voting Rights In New Orleans, William P. Quigley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Documentation Assessment Of The Diebold Voting System, S. Candice Hoke, Dave Kettyle

Law Faculty Reports and Comments

The California Secretary of State commissioned a comprehensive, independent evaluation of the electronic voting systems certified for use within the State. This team, working as part of the “Top to Bottom” Review (“TTBR”), evaluated the documentation supplied by Diebold Election System, Inc.

New York Board Of Elections V. Torres: Brief Of Amici Curiae Law Professors Guy-Uriel E. Charles, Erwin Chemerinsky, Kareem Crayton, Steven P. Croley, Heather K. Gerken, Michael Kang, Ellen D. Katz, Ethan J. Leib, Michael Pitts, And Daniel P. Tokaji In Support Of Respondents, Ellen D. Katz

Appellate Briefs

The law professors named below teach and write about elections, voting rights, political parties, and electoral competition. Both basic and advanced law courses on voting and elections, as well as a wide range of scholarship on these subjects, regularly considers state authority to regulate conduct by political parties, candidates for office, and individual voters. Amici are among the many scholars who write and teach about the issues before the Court in this case.

Based on this expertise, and on careful review of this Court's decisions, amici argue in this brief that the nominating process the State of New York employs …

Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton

University of Arkansas at Little Rock Law Review

No abstract provided.

Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer

University of Arkansas at Little Rock Law Review

No abstract provided.

Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger

University of Arkansas at Little Rock Law Review

No abstract provided.

The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak

University of Arkansas at Little Rock Law Review

No abstract provided.

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn

University of Arkansas at Little Rock Law Review

No abstract provided.

Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith

University of Arkansas at Little Rock Law Review

No abstract provided.

Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.

An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby

Osgoode Hall Law Journal

The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …

Electoral Laws As Political Consequences: Explaining The Origins And Change Of Electoral Institutions, Kenneth Benoit

Research Collection School of Social Sciences

In this review article, I identify the key questions raised by the treatment of electoral systems not as causal influences on party systems but as effects or byproducts of party systems. Framing these questions in the context of the classic consequences-oriented study of electoral institutions, I first review the classic approach, which treats electoral systems as causes, and explore the potential implications when electoral systems are viewed instead as outcomes of party systems. I then survey a variety of principal explanations of the origins and change of electoral laws, followed by a focus on several of the more explicitly defined …

Politics As Usual: The Continuing Debate Over Partisan Gerrymandering Schemes In League Of United Latin American Citizens V. Perry, Steve Flynn

Mercer Law Review

In League of United Latin American Citizens v. Perry, the Supreme Court held that a statewide challenge to the Texas State Legislature's mid-term redistricting plan did not violate Section Two of the Voting Rights Act of 1965, but that the redrawing of district lines in one particular district (District 23) did violate the Act. The case leaves open the ability of the Supreme Court to adjudicate political gerrymandering schemes in cases where equal protection claims are made.

Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar

University of Michigan Journal of Law Reform

Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note …

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Mercer Law Review

When a corporation participates in the public sphere, its participation often takes the form of money. Corporate money must be given to someone to bring corporate participation into being-money to spend on public relations, advertising, or lobbying, or money to spend in a political campaign. Though the form is the same, the Supreme Court has treated these modes of corporate participation very differently. On the one hand, corporate money is seen as speech when it is the means used for corporations to sell products or state positions on issues. On the other, a majority of the Rehnquist-O'Connor Court perceived corporate …

Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee

Law Faculty Reports and Comments

We hope that this Audit Report will assist the Ohio Secretary of State, all Ohio local Boards of Election, election reform organizations, and other election officials nationwide in seeing how an independent audit process can be created and function at the local level. Additionally, we hope the public will recognize that this Report contains the kind of information that all election administrative agencies need to better achieve the public charge for producing accurate election results and to facilitate sound improvements in election administrative practices.

Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson

Campbell Law Review

This article returns to the debate over a proper test by collecting relevant ads and test proposals in an Appendix and using these as tools to analyze a test derived from a grassroots lobbying ad (hereinafter the "PBA Ad") that was recognized as a genuine issue ad by defense expert Goldstein in McConnell. Parts I through III provide the context for Part IV, which derives and analyzes a test from the PBA Ad. Part I provides a brief overview of the legislative, rulemaking, and constitutional context. Part II demonstrates that McConnell only decided a facial challenge, leaving as-applied challenges for …

Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner

Buffalo Law Review

Perhaps the one completely uncontested truth in the shared public ideology of American politics is that an election campaign ought to be a serious occasion in the life of a democratic polity, a time when citizens reflect maturely on the great public issues of the day. On this view, the ultimate purpose of election campaigns is to offer voters and candidates a meaningful opportunity for deliberation and persuasion. Of course, the typical modern American election campaign does not seem seriously reflective and deliberative so much as shallow and unengaging. Reasoned persuasion seems to play a minor role, if that. The …

A Good Fix But Not The Cure - Fannie Lou Hamer, Rosa Parks, And Coretta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, David H. Harris, Trish Hardy

North Carolina Central Law Review

No abstract provided.

The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss

Pace Law Review

No abstract provided.

A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben

University of the District of Columbia Law Review

No abstract provided.

Testimony Before The U.S. House Of Representatives, Elections Subcommittee Of The House Administration Committee, Concerning The Importance Of Independent Post-Election Auditing And Reviewing Impediments To Election Auditing And Greater Transparency., Candice Hoke

Law Faculty Presentations and Testimony

Mandatory election audits are a critical step for restoring public confidence in the electoral system and for learning what problems exist (in equipment, systems, and personnel) so that they might be effectively corrected. Unfortunately, the promise of auditing will be severely undermined if the federal auditing entity lacks independence from the election administrative authority. Secretaries of State can play a number of crucial additional roles that will facilitate efficient and effective election audits, but because of the appearance of conflicts of interest should not be supervising and conducting federal audits. The federal audit effort will be greatly enhanced if the …

The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?, Peter J. Jenkins

BYU Law Review

No abstract provided.

Voter Identification, Spencer Overton

Michigan Law Review

In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) "common sense" arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a photo-identification …

Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin

Faculty Scholarship

No abstract provided.