Election Law Commons^™

Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels

All Faculty Scholarship

“We are left with a system in which almost every state still outsources its elections to what are actually private organizations.”

Federal, state and local governments are deeply indebted to private organizations, political parties, candidates, and private individuals to assist it, inter alia, in registering voters, getting citizens to the ballot box through get out the vote campaigns (GOTV), assisting limited English proficient (LEP) citizens, and monitoring Election Day activities. In a recent Supreme Court case, Crawford v. Marion County, Justice Souter recognized that voting legislation has “two competing interests,” the fundamental right to vote and the need for governmental …

Election As Appointment: The Tennessee Plan Reconsidered, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

Tennessee's merit system for selecting judges - referred to as the Tennessee Plan - has been controversial ever since it was enacted in 1971 to replace contested elections. The greatest controversy has been whether the Plan is even constitutional. The Tennessee constitution states that all judges "shall be elected by the qualified voters" of the state. Yet, under the Tennessee Plan, the governor appoints all appellate judges, and those judges come before the voters only after a period of time on the bench and only in uncontested yes-no retention referenda. In 1977, the people of Tennessee were asked to amend …

How To Think About Voter Fraud (And Why), Chad Flanders

All Faculty Scholarship

In recent months, debates over voter fraud have consumed state legislatures and blogs, courts and election commissions. The prevailing way of framing that debate has been in terms of numbers and statistics: how much voter fraud is there, and does the amount of voter fraud justify new measures to prevent it? In my essay, I argue for a shift away from statistical analysis and towards normative discourse. Only if we understand why (and whether) voter fraud is bad will we be able to decisively settle debates about what should be done about it, if anything.

The first part of my …

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

Publications

No abstract provided.

The Very Faithless Elector, Vasan Kesavan

West Virginia Law Review

No abstract provided.

A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David

Journal of Legal Education

No abstract provided.

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

City Of Lockhart V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mcdaniel V. Sanchez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron

Vanderbilt Law Review

The author here describes the events leading to the appointment of William Henry Moody to the United States Supreme Court. Here counts the pressures brought to bear on President Theodore Roosevelt and the considerations which led to the President's selection of Moody over Horace Harmon Lurton.

Constitutional Law-Application Of Political Question Doctrine In Suit To Enjoin Discriminatory State Election Procedure [South V. Peters, U. S. Sup. Ct. 1950]

Washington and Lee Law Review

No abstract provided.