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Articles 1 - 30 of 41
Full-Text Articles in Election Law
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Law Faculty Presentations and Testimony
Hoke's comments to the FCC on expanding civic participation in voting by expanded use of the Internet. Hoke recommends that the FCC not become involved in election regulatory issues concerning the Internet, but will support a different federal regulatory agency with national security and technical-cybersecurity expertise receiving primary jurisdiction over election cybersecurity.
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Election Law, Christopher R. Nolen
Election Law, Christopher R. Nolen
University of Richmond Law Review
No abstract provided.
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Cardozo Public Law, Policy & Ethics Journal
The article argues that Indian tribes must enact comprehensive campaign finance regulations to protect the integrity of their electoral processes, balancing the need to prevent corruption with First Amendment rights. These regulations must navigate the restrictive framework set by the Montana ruling, which limits tribal authority over nonmembers, while leveraging tribal sovereignty and cultural values to uphold self-governance. The analysis emphasizes the importance of aligning such regulations with both the Buckley framework and tribal constitutions to ensure enforceability and respect for collective interests.
Foreword: What North Carolina Can Learn From The League Of Women Voters Of Indiana, Inc. V. Rokita Decision, J. Christopher Heagarty
Foreword: What North Carolina Can Learn From The League Of Women Voters Of Indiana, Inc. V. Rokita Decision, J. Christopher Heagarty
North Carolina Central Law Review
No abstract provided.
Is Indiana's Voter Id Law A Bridge To Nowhere, Matthew D. Neumann
Is Indiana's Voter Id Law A Bridge To Nowhere, Matthew D. Neumann
North Carolina Central Law Review
No abstract provided.
Equal Opportunities Do Not Always Equate To Equal Representation: How Bartlett V. Strickland Is A Regression In The Face Of The Ongoing Civil Rights Movement, Brandon Roseman
North Carolina Central Law Review
No abstract provided.
The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang
The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in …
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Sean Peisert, Matt Bishop, Mark Graff, David Jefferson
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Sean Peisert, Matt Bishop, Mark Graff, David Jefferson
Law Faculty Articles and Essays
Over the past six years, the nation has moved rapidly from punch cards and levers to electronic voting systems. These new systems have occasionally presented election officials with puzzling technical irregularities. The national experience has included unexpected and unexplained incidents in each phase of the election process: preparations, balloting, tabulation, and reporting results. Quick technical or managerial assessment can often identify the cause of the problem, leading to a simple and effective solution. But other times, the cause and scope of anomalies cannot be determined. In this paper, we describe the application of a model of forensics to the types …
Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman
Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman
Cardozo Public Law, Policy & Ethics Journal
The article critiques the current campaign finance system, arguing that the Supreme Court's interpretation of money as speech under the First Amendment has enabled undue influence by wealthy donors and political action committees (PACs), particularly leadership PACs. The author advocates for treating money as property rather than speech to allow stricter regulations and prevent corruption. By extending the "one person, one vote" principle to campaign finance, the article proposes a system where political influence is not dictated by wealth, ensuring equal representation and transparency.
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Michigan Law Review
Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
BYU Law Review
No abstract provided.
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
North Carolina Central Law Review
No abstract provided.
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Michigan Law Review
Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized …
Recent Developments In Absentee Voting, James Alcorn
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
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 …
When The Veil And Vote Collide: Enhancing Muslim Women's Rights Through Electoral Reform, Amber Rose Maltbie
When The Veil And Vote Collide: Enhancing Muslim Women's Rights Through Electoral Reform, Amber Rose Maltbie
McGeorge Law Review
No abstract provided.
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Faculty Publications
Racial bias in election administration - more specifically, in the interaction between pollworkers and voters at a voting booth on election day - may be implicit, or unconscious. Indeed, the operation of a polling place may present an “optimal” setting for unconscious racial bias to occur. Poll Workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where …
Voting And Registration Technology Issues: Lessons From 2008, S. Candice Hoke, David Jefferson
Voting And Registration Technology Issues: Lessons From 2008, S. Candice Hoke, David Jefferson
Law Faculty Contributions to Books
This chapter reviews the 2008 field performance and the scientific assessments of both voting systems and the statewide voter-registration databases. The federal Help America Vote Act (HAVA) mandated each of these technologies. Despite definitive scientific studies that documented grave security deficiencies that can cause voting systems to produce inaccurate vote tallies and “winners” who actually had fewer votes, these systems continue to be deployed. The Chapter traces the regrettable decisions on election technologies to a poorly designed regulatory structure and staffing, which continue to underweight and misunderstand security issues in election technologies.
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout
Faculty Scholarship
This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …
What Will The Life Of Riley V. Kennedy Mean For Section 5 Of The Voting Rights Act?, Michael J. Pitts
What Will The Life Of Riley V. Kennedy Mean For Section 5 Of The Voting Rights Act?, Michael J. Pitts
Maryland Law Review
No abstract provided.
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Michigan Journal of Race and Law
Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Aligning Judicial Elections With Our Constitutional Values: The Separation Of Powers, Judicial Free Speech, And Due Process, Jason D. Grimes
Cleveland State Law Review
This Note consists of five Parts. Part II traces the historical development of state judicial elections from the perspective of the Framers' doctrine of separation of powers. It shows that judicial elections were borne more of historical contingency than constitutional design. Part II then assesses the recent history of elections to the Ohio Supreme Court. It determines that Ohio's judicial elections share two problems with many other states: millions of dollars given to judicial candidates by special interests likely to appear before the court, and candidates' broad freedom of speech to earn the political and financial support of these special …
Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson
Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson
Law Faculty Research Publications
This Article seeks to highlight the collateral effect of several inconsistent recent federal court decisions that consider a state's interest in addressing the impact of fraud on the electoral process. In an effort to evaluate the impact of varying types of election-related fraud on the political process, I propose that courts view the concept with a focus on (1) the entity that commits the deceptive acts and (2) the effect those acts have on the democratic process. Evaluating recent opinions through this lens illustrates that federal courts are more likely to exhibit deference to a state's interest in limiting avenues …
Recent Developments In Absentee Voting, James Alcorn
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
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
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.
Davis V. Fec: Closing The Road To Washington For Joe The Plumber, Sameer Vadera
Davis V. Fec: Closing The Road To Washington For Joe The Plumber, Sameer Vadera
Maryland Law Review Online
No abstract provided.
A Defense Of Legislative Redistricting, Delegate Mark Cole
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.
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.