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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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.
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
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
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
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
Faculty Publications
No abstract provided.