Election Law Commons^™

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

Articles

Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels

All Faculty Scholarship

This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.

Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how …

The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold

Graduate Theses and Dissertations

The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor limit …

Reichert V. State Ex Rel. Mcculloch And The Open Door For Increased Pre-Election Substantive Judicial Review, Carina Wilmot

Montana Law Review

In Reichert v. State ex rel. McCulloch,1 the Montana Supreme Court addressed the constitutionality of a legislative referendum proposing changes to the qualification and selection of Montana Supreme Court justices. In reviewing the referendum, the Court focused on the threshold issues of ripeness and recusal before addressing its constitutionality.2 Reichert highlights the complexity of ripeness as a threshold question and clarifies when and how the Court conducts pre-election judicial review.

This note focuses only on the procedural holding of ripeness, from which Justice Baker dissented. This note does not analyze judicial recusal or the constitutionality or severability of the referendum …

Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan

Appellate and Supreme Court Clinic

No abstract provided.

Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes

Indiana Journal of Law and Social Equality

No abstract provided.

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Michigan Law Review

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on the giving and spending of money in connection with elections only when they serve to avoid corruption or the appearance of corruption. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides …

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 …

Considering The Gerrymander , Leroy C. Hardy

Pepperdine Law Review

No abstract provided.

An Analysis On The Effects Of Voter Id Laws And Minnesota’S Decision To Vote Against It, Amy Asell

Political Science Theses and Capstones

In recent years, the topic of voter identification has been a hotly contested issue in state legislatures around the country. Since 2003, nearly 1,000 bills concerning voter ID have been introduced in a total of forty-six states. In 2012 alone, voter ID legislation was pending in thirty-three states. On November 6, 2012, the citizens of the state of Minnesota voted on whether they supported an amendment to the state Constitution that would require all voters to present a valid photo ID in order to vote. Despite poll numbers indicating that a majority of Minnesotans supported the amendment the voter ID …

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

Faculty Publications

No abstract provided.

Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Brief Of Appellants, Dan Backer, Patricia E. Roberts, Jessica L. Delaney, Bryan U. Gividen, Tillman J. Breckenridge

Appellate and Supreme Court Clinic

No abstract provided.

Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton

Scripps Senior Theses

In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …

Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Citizens United: A World Of Full Disclosure, Maxfield Marquardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Discouraging Election Contests, Joshua A. Douglas

Law Faculty Scholarly Articles

This essay offers a few proposals for discouraging losing candidates from contesting the certified result of an election. The ultimate goal in any election, of course, is to ensure that a state declares as the winner the person who actually received the most votes. But when an election is close, a candidate on the losing side might see an incentive to continue the fight in the courts on the off-chance that it would change the outcome. The candidate could challenge, for example, certain provisional or absentee ballot—even if the likelihood that the candidate will win is slim (but still theoretically …

The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson

University of Richmond Law Review

No abstract provided.

Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts

University of Richmond Law Review

No abstract provided.

The Right Choice For Elections: How Choice Voting Will End Gerrymandering And Expand Minority Voting Rights, From City Councils To Congress, Rob Richie, Andrew Spencer

University of Richmond Law Review

No abstract provided.

Discouraging Election Contests, Joshua A. Douglas

University of Richmond Law Review

This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section

II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …

Minority Vote Dilution In The Age Of Obama, Dale Ho

University of Richmond Law Review

No abstract provided.

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.

A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald

University of Richmond Law Review

No abstract provided.

Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green

Pepperdine Law Review

No abstract provided.

Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody

Legislation and Policy Brief

It’s Election Night 2016. Brian Williams stands by at NBC, waiting to give the first returns of the night. “Kentucky to Christie,” Williams triumphantly announces to kick off the evening’s festivities. Kentucky turns flush red on NBC’s virtual election map. Williams continues: “Maryland to Clinton.” Now comes the hard part for Williams. Clinton won Maryland by an incredible two-to-one margin. NBC viewers intently watch the map, expecting to see the Old Line State turn blue. Instead, Maryland sits idly in its static grey color. This election has something new.

Confused NBC viewers keep watching, waiting for Williams to provide an …

General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw

Pepperdine Law Review

No abstract provided.

Shelby County V. Holder: Brief Of Amici Curiae Ellen D. Katz And The Voting Rights Initiative In Support Of Respondents, Ellen D. Katz

Appellate Briefs

The Voting Rights Initiative ("VRI") at the University of Michigan Law School is a faculty-student collaborative research venture under the direction of Professor Ellen D. Katz. In 2005, VRI undertook a comprehensive analysis of all cases involving claims brought under Section 2 of the Voting Rights Act since 1982 that resulted in one or more decisions published in a federal reporter or available on Westlaw or Lexis-a total of 763 decisions in 331 lawsuits. Each case was evaluated and catalogued based on a variety of factors, including whether it involved a jurisdiction "covered" under Section 5, the substan- tive outcome, …

Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen

Pepperdine Law Review

Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.