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Election Law Commons™

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Election Law

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Articles 61 - 90 of 94

Full-Text Articles in Election Law

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Apr 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

Northwestern University Law Review

Many states have delegated substantial authority to regulate federal elections to entities other than their institutional legislatures, such as independent redistricting commissions empowered to determine the boundaries of congressional districts. Article I’s Elections Clause and Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws. Thus, state constitutional provisions or laws …


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley

Faculty Scholarship

No abstract provided.


Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green Dec 2014

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty May 2013

Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty

Seattle University Law Review

In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a partisan political …


Election Delays In 2012, Rebecca Green, Emily Lippolis, Shanna Reulbach, Andrew Mccoy May 2013

Election Delays In 2012, Rebecca Green, Emily Lippolis, Shanna Reulbach, Andrew Mccoy

Faculty Publications

No abstract provided.


How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton Jan 2013

How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton Jan 2013

Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton Jan 2013

The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton

Popular Media

No abstract provided.


How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders Jan 2011

How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders

All Faculty Scholarship

The 2010 race for the Alaska Senate now seems to be over. After losing in the Republican Party Primary to Tea Party-backed candidate Joe Miller, Senator Lisa Murkowski staged a write-in candidacy and, bucking both U.S. and Alaska history, won the general election. Although much attention has been paid to Miller’s post-election challenges to Murkowski write-in ballots, a major election law question was at issue prior to the election: to what extent can poll workers assist voters who need help in voting for a write-in candidate?

After Murkowski declared her write-in candidacy, the Alaska Division of Elections distributed a list …


The Election Period And Regulation Of The Democratic Process, Saul Zipkin Mar 2010

The Election Period And Regulation Of The Democratic Process, Saul Zipkin

William & Mary Bill of Rights Journal

No abstract provided.


Voter Deception, Gilda R. Daniels Jan 2010

Voter Deception, Gilda R. Daniels

All Faculty Scholarship

In our recent electoral history, deceptive practices have been utilized to suppress votes in an attempt to affect election results. In most major elections, citizens endure warnings of arrest, deportation, and even violence if they attempt to vote. In many instances, these warnings are part of a larger scheme to suppress particular voters, whom I call “unwanted voters,” from exercising the franchise. Recent advancements in technology provide additional opportunities for persons to deceive voters, such as calls alerting citizens that Republicans (Whites) vote on Tuesday and Democrats vote (Blacks) on Wednesday. In spite of this resurgence of deception, the statutes …


The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum Jan 2010

The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum

Scholarship@WashULaw

Following NAMUDNO, the search is on for a way to save section 5 of the Voting Rights Act (VRA). This Note offers a solution through an examination of the VRA’s most obscure provision: section 3. Commonly called the bail-in mechanism or the pocket trigger, section 3 authorizes federal courts to place states and political subdivisions that have violated the Fourteenth or Fifteenth Amendments under preclearance. This Note makes a two-part argument. First, the pocket trigger should be used to alleviate the NAMUDNO Court’s anxiety over the coverage formula’s differential treatment of the states. The Justice Department and civil rights groups …


Residual Voting In Florida, James Hicks, Paul Gronke, Charles Stewart Iii Jan 2010

Residual Voting In Florida, James Hicks, Paul Gronke, Charles Stewart Iii

Scholarship@WashULaw

The residual vote rate is a metric that can be used to evaluate the comparative performance of election systems, particularly voting technology and ballot design. If collected at the appropriate levels of disaggregation (county- or more preferably precinct-level) and by different modes of balloting (in person, absentee, and early voting), the residual vote rate can identify ways that voter demographics, voting technology, and the time and place of casting the ballot may influence varying levels of voting errors.

This report describes a project that examined the residual vote rates in the state of Florida’s 2008 presidential preference primary, taking advantage …


Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas Dec 2008

Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2008

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

Supreme Court Preview

No abstract provided.


Section 7: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

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

Supreme Court Preview

No abstract provided.


Section 8: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2006

Section 8: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 5: First Amendment & Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski Mar 2003

Remedy Gone Awry: Weighing In On Weighted Voting, Keith R. Wesolowski

William & Mary Law Review

No abstract provided.


Election Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Election Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson Feb 2002

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

William & Mary Law Review

No abstract provided.


Election Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Election Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham May 1992

Mapping The Morass: Application Of Section 2 Of The Voting Rights Act To Judicial Elections, Mary Thrower Wickham

William & Mary Law Review

No abstract provided.


Election And Term Of City And County Officers Jan 1992

Election And Term Of City And County Officers

Touro Law Review

No abstract provided.


The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Apr 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty Publications

No abstract provided.