Election Law Commons^™

Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom

Pepperdine Law Review

No abstract provided.

Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth

Pepperdine Law Review

No abstract provided.

Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier

Pepperdine Law Review

No abstract provided.

Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald

Pepperdine Law Review

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …

The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff

Pepperdine Law Review

This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …

Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers

Pepperdine Law Review

No abstract provided.

Increasing Youth Participation: The Case For A National Voter Pre-Registration Law, Ceridwen Cherry

University of Michigan Journal of Law Reform

Lagging youth participation rates threaten participatory democracy and undermine the representation of young people's interests in elected government. However, the percentage of registered youth who actually cast ballots is very high. The correlation between registration and actual voter participation suggests that when given assistance and greater opportunities to register, young citizens will vote. This Note proposes a national pre-registration law that would allow voter registration to begin at age sixteen. Such a law would be feasible, constitutional, and politically viable and may increase not only the voter participation of young people, but also the socioeconomic diversity of the electorate.

A Tilt In Favour Of The Older Generation, Less Fortunate, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor of Law Eugene Tan writes that although there are generally no significant handouts, offsets or goodies, Budget 2012 addresses some of the key genuine concerns of Singaporeans during the May 2011 General Election. It is also expected to generate a surplus of S$1.3 billion at a time when many advanced economies are in recession and with significant deficits.

The Value Of A By-Election, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor of Law Eugene K B Tan argues that if Parliament eventually determines that the Hougang seat has been vacated with the expulsion of Mr Yaw Shin Leong from the Workers' Party (WP), the spotlight will shift to Prime Minister Lee Hsien Loong who will advise the President whether to issue an election writ stipulating when a by-election is to be held.

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Faculty Scholarship

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. 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 have missed the more …

The Political Speech Of Charities In The Face Of Citizens United: A Defense Of Prohibition, Roger Colinvaux

Scholarly Articles

The Supreme Court’s decision in Citizens United v. Federal Election Commission makes a Supreme Court challenge to the tax law rule that prohibits charities from involvement in political activities more likely, and a reexamination of the political speech of charities necessary. Part I of the Article surveys the history of the political activities prohibition in order to emphasize that it was not a reactionary policy but quite considered, and that there are strong State interests supporting it, including protection of the definition of charity from further dilution. Part II of the Article analyzes Citizens United in detail and argues that …

Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …

Resolving Disputed Elections Through Negotiation, Rishi Batra

Faculty Articles

Could a disputed election—one in which the winner is not clear and the result is within the "margin of litigation"—be resolved through a negotiated result? Given the "winner take all" nature of these elections, where one candidate ends up holding the office, and all others do not, it would seem that negotiated solutions and other alternative dispute resolution techniques would have no application. This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result.

"Like" Your President: A Case For Online Voting, Jeremy Garson

University of Michigan Journal of Law Reform Caveat

In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …

Voting Technology And The Quest For Trustworthy Elections, Candice Hoke

Law Faculty Contributions to Books

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12.

The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure.

The third part of this chapter, Litigation …

Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer

Articles by Maurer Faculty

This article discusses the history, present, and possible future of the Voting Rights Act.

Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns

Catholic University Law Review

No abstract provided.

Once Upon A Time In The West: Citizens United, Caperton, And The War Of The Copper Kings, Larry Howell

Faculty Law Review Articles

This article examines the Montana Supreme Court decision in Western Tradition Partnership, Inc. v. Attorney General which upheld Montana’s long standing Corrupt Practices Act banning corporate contributions in judicial elections in the wake of Citizens United v. FEC. The author notes that Montana’s continued effort to restrict independent corporate expenditures in campaigns for elected office is rooted in the State’s history of corrupt elections, which took place at the turn of the twentieth century.

The article first details the extent of that corruption. The article next analyzes Citizens United and how it’s sweeping conclusions about independent campaign expenditures and …

Judicial Retention Elections, The Rule Of Law, And The Rhetorical Weakness Of Consequentialism, Todd E. Pettys

Buffalo Law Review

No abstract provided.

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

The Hunt For Noncitizen Voters, Fatma E. Marouf

Scholarly Works

No abstract provided.

Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett

Scholarly Works

The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” …

Secrets, Lies, And Disclosure, Helen Norton

Publications

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the …

Election Law As Applied Democratic Theory, James A. Gardner

Journal Articles

Democracy does not implement itself; a society’s commitment to govern itself democratically can be effectuated only through law. Yet as soon as law appears on the scene significant choices must be made concerning the legal structure of democratic institutions. The heart of the study of election law is thus the examination of the choices that our laws make in seeking to structure a workable system of democratic self-rule. In this essay, written for a symposium on Teaching Election Law, I describe how my Election Law course and materials focus on questions of choice in institutional design by emphasizing election law’s …

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill

Articles

No abstract provided.

On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz

Articles

The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely …

Protecting The Democratic Process In Indian Country Through Election Monitoring: A Solution To Tribal Election Disputes, Derek H. Ross

American Indian Law Review

No abstract provided.

Democrats At Doj: Why Partisan Use Of The Voting Rights Act Might Not Be So Bad After All, Ellen D. Katz

Articles

In notable ways, the ongoing dispute over redistricting in Texas offers a mirror image to one of the major redistricting battles of the last decade, only with Democratic and Republican roles reversed. In both Texas v. United States and Georgia v. Ashcroft, a state attorney general (AG) decided he would not ask the United States Department of Justice (DOJ) to approve new redistricting plans enacted in his state. In both cases, the state AGs were well aware that the Voting Rights Act (VRA) required them to obtain federal approval, known as preclearance, before changing any aspect of their state's election …

The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.