Election Law Commons^™

Monitored Disclosure: A Way To Avoid Legislative Supremacy In Redistricting Litigation, Mark Tyson

Washington Law Review

The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about “legislative acts” or having “legislative acts” used against them as evidence. U.S. Supreme Court decisions delineating the scope of what constitutes a “legislative act” have an episodic feel and have failed to create a readily applicable test for new factual scenarios. One such scenario occurs when members of Congress communicate with state legislators regarding congressional redistricting. Courts must know how to handle instances where members of Congress assert legislative privilege in the redistricting context, and specifically when members of Congress assert the privilege in …

Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams

BYU Law Review

Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National …

False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell

Florida Law Review

No abstract provided.

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.

Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt

William & Mary Law Review

The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.

This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …

The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt

Pepperdine Law Review

No abstract provided.

Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson

Pepperdine Law Review

No abstract provided.

Election Law, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …

Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin

University of Richmond Law Review

No abstract provided.

Why Can't A Chicken Vote For Colonel Sanders? U.S. Term Limits, Inc. V. Thornton And The Constitutionality Of Term Limits, Julie Heintz

Pepperdine Law Review

No abstract provided.

Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale

Pepperdine Law Review

No abstract provided.

Election Law Behind A Veil Of Ignorance, Chad Flanders

Florida Law Review

Election law struggles with the question of neutrality, not only with its possibility—can election rules truly be neutral between parties?—but also with its definition. What does it mean for election laws to be “neutral”? This Article examines one form of election law neutrality, found in what it terms “veil of ignorance rules.” Such rules are formed in circumstances where neither party knows which rule will benefit its candidates in future elections.

This Article considers the existence of veil of ignorance rules in two recent election law controversies: the rule that write-in ballots must be spelled correctly (in the Lisa Murkowski …

Beyond The Red, Purple, And Blue: Election Law Issues In 2012, Keesha M. Gaskins, Stephen F. Huefner, Joshua N. Lief, Michael J. Pitts, Jocelyn F. Benson, Joshua A. Douglas, Rebecca Green, Dale Ho, Michael P. Mcdonald, Donald Palmer, Rob Richie

University of Richmond Law Review Symposium

The Symposium Welcome was given by Clint A. Nichols, the Allen Chair Editor for the University of Richmond Law Review, and Wendy C. Perdue, Dean & Professor of Law at the University of Richmond School of Law.

The “Get out the vote?” session was presented by Keesha M. Gaskins, Senior Counsel with the Brennan Center for Justice at New York University; Steven F. Huefner, Professor of Law and Director of Clinical Programs at The Ohio State University Moritz College of Law; Joshua N. Lief, Senior Assistant Attorney General for the Commonwealth of Virginia; and Michael J. Pitts, Professor of Law …

Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii, Esq.

Nevada Law Journal

No abstract provided.

The Administration Of A Republican Form Of Government (Enforcement), Edward B. Foley, Richard L. Hasen, Edwin Bender, Laughlin Mcdonald, Andrew King-Ries

Browning Symposia & Lectures

Panel on enforcement.

Symposium Introduction & The Rules Of A Republican Form Of Government (Campaign Regulation), William P. Marshall, Richard Pildes, Ciara Torres-Spelliscy, Anthony Johnstone

Browning Symposia & Lectures

Symposium Introduction by Anthony Johnstone.

Panel on campaign regulation.

Keynote Address: On What Being A (Small R) Republican Means, Lawrence Lessig

Browning Symposia & Lectures

Keynote Address by Professor Lawrence Lessig to the Montana Law Review’s Honorable James R. Browning Symposium on Election Law, The State of the Republican Form of Government in the States: Debating Democracy’s Future, held at The University of Montana School of Law on September 27, 2012.

Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School, director of the Edmond J. Safra Center for Ethics at Harvard University, and founder of Rootstrikers, a network of activists leading the fight against government corruption. He has authored numerous books, including Republic, Lost: How Money Corrupts Our …

The Intellectual Integrity Of Ed Baker, Vincent Blasi

West Virginia Law Review

No abstract provided.

A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti

West Virginia Law Review

No abstract provided.

Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Real Error In Citizens United, Joanna M. Meyer

Washington and Lee Law Review

No abstract provided.

Changes Reflect A Maturing S’Pore’S Priorities, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law and Nominated MP Eugene Tan wrote about the recent restructuring of socially oriented government ministries and the Cabinet reshuffle. “The changes demonstrate how the Government and governance in Singapore have to evolve since the... General Election. The Government is called upon to be more responsive and sensitive to the intangibles like society and community issues as they impact profoundly upon the well-being of Singaporeans”, he said.

Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson

Georgetown Law Faculty Publications and Other Works

States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …

Judicial Protection Of Popular Sovereignty: Redressing Voting Technology, Candice Hoke

Law Faculty Articles and Essays

My analysis seeks to underscore the gravity of technologically threatened constitutional voting rights and values, implicating both individual rights to vote and the structural promise of popular sovereignty. Resolution of the dispute over the meaning of Fourteenth Amendment17 principles properly derived from Bush v. Gore18 will be pivotal to assuring meaningful voting rights in the information society. If the Court should hold the Fourteenth Amendment to embrace a deferential standard of review or arduous intent requirements, allowing state political branches to persist in choosing voting technologies based on scientifically unfounded premises that do not achieve classic components of voting rights, …

Selectica Resets The Trigger On The Poison Pill: Where Should The Delaware Courts Go Next?, Paul H. Edelman, Randall S. Thomas

Vanderbilt Law School Faculty Publications

Since their invention in 1982, shareholder rights plans have been the subject of intense controversy. Rights plans, or as they are known more pejoratively “poison pills,” enable a target board to “poison” a takeover attempt by making it prohibitively expensive for a bidder to acquire more than a certain percentage of the target company’s stock (until recently 15-20%). Not surprisingly, some commentators view rights plans as an inappropriate means of shifting power from shareholders to the board of directors.

In this Article, we critically examine Delaware law on the use of shareholder rights plans and propose a new approach to …

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton

Faculty Publications

No abstract provided.

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Nevada Law Journal

No abstract provided.

The Case For Hand-Counted Paper Ballots, Jana Nestlerode

Criminal Justice Faculty Publications

No abstract provided.

California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald

Pepperdine Law Review

No abstract provided.

Reasonable Restrictions On The Franchise: Georgia's Voter Identification Act Of 2006, Joseph M. Colwell

Mercer Law Review

In Democratic Party of Georgia, Inc. v. Perdue, the Georgia Supreme Court declared constitutional the Voter Identification Act of 2006 (2006 Act), insofar as it required registered Georgia voters to present valid photo identification at the polls when voting in person in any Georgia election. The 2006 Act was the most recent amendment in a series of iterations of section 21-2-417 of the Official Code of Georgia Annotated (O.C.G.A.)-the provision of the Georgia code imposing certain polling requirements for in-person voting. Each version of the law has generated much controversy as to polling and voting requirements in Georgia, and …