Election Law Commons^™

Barack Obama, Margarita Lopez Torres, And The Path To Nomination, Ellen D. Katz

Articles

Operating within these regimes, Obama was able to mount a credible--and ultimately successful--challenge to the leadership's choice for the nomination while Lopez Torres could not. This article offers an explanation why. It argues that Obama succeeded where Lopez Torres failed because the nomination process Obama traversed was more penetrable and more contestable than the one Lopez Torres faced.

Does The Introduction Of Independent Redistricting Reduce Congressional Partisanship, David G. Oedel, Allen K. Lynch, Sean E. Mulholland, Neil T. Edwards

Villanova Law Review (1956 - )

No abstract provided.

Davis V. Fec: The Roberts Court's Continuing Attack On Campaign Finance Reform, Richard Briffault

Faculty Scholarship

In Davis v. FEC, decided on the last day of the October 2007 Term, a closely divided Supreme Court invalidated the so-called Millionaires' Amendment, which was a provision added to the Federal Election Campaign Act ("FECA") as part of the Bipartisan Campaign Reform Act ("BCRA") of 2002 to make it easier for Senate and House candidates to raise private contributions when they run against an opponent who uses a substantial amount of personal wealth to pay for his or her campaign. From the reform perspective, the loss of the Millionaires' Amendment was not of great moment. The Amendment was …

What Will The Life Of Riley V. Kennedy Mean For Section 5 Of The Voting Rights Act?, Michael J. Pitts

Maryland Law Review

No abstract provided.

Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach

William & Mary Bill of Rights Journal

Any voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is that it is very difficult to make apples-to-apples comparisons. This paper considers the use of a standard technique used in the analysis of algorithms, namely complexity analysis with its "big-O" notation, which can provide a high-level abstraction that allows for direct comparisons across voting systems. We avoid the need for making unreliable estimates of the probability a system might be hacked or of the cost of bribing …

Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand

William & Mary Bill of Rights Journal

No abstract provided.

Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane

William & Mary Bill of Rights Journal

The 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes probably changed the election outcome. Intensive technical studies based on examining software and hardware from the iVotronic touchscreen voting machines used to conduct the election failed to find mechanical flaws sufficient to explain the undervotes. Studies that examined the ballots used in Sarasota and in some other counties concluded the high undervote rate was caused by peculiar features of the ballot's format …

The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch

William & Mary Bill of Rights Journal

No abstract provided.

Early Voting Reforms And American Elections, Paul Gronke

William & Mary Bill of Rights Journal

No abstract provided.

Voter Registration And Election Reform, Daniel P. Tokaji

William & Mary Bill of Rights Journal

No abstract provided.

Extremism In The Electoral Arena: Challenging The Myth Of American Exceptionalism, Gur Bligh

BYU Law Review

No abstract provided.

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.

Reconsidering Virginia Judicial Selection, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham

All Faculty Scholarship

In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.

Election Apparel And The Fashion Police, Timothy Zick

Popular Media

No abstract provided.

Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert

Law Faculty Reports and Comments

This paper seeks to assist election officials and their lawyers in effectively handling the technical issues that can be difficult to understand and analyze, allowing them to protect themselves and the public interest from unfair accusations, inaccuracies in results, and conspiracy theories. The paper helps to empower officials to recognize which types of voting system events and indicators need a more structured analysis and what steps to take to set up the evaluations (or forensic assessments) using computer experts.

Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler

UF Law Faculty Publications

In Florida, direct democracy at the state level consists entirely of the initiative method of amending the State constitution. This constitutional provision was partly a response to the State’s history of obstacles to affording equitable legislative representation to all its citizens, a struggle with roots dating back to the Reconstruction era. The State constitution, governing statutes and regulations, and the Division of Elections Web site serve as the primary sources of information and guidance for those interested in the process of amending the State constitution by citizen-sponsored initiative.

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

Supreme Court Preview

No abstract provided.

Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels

All Faculty Scholarship

In 2000, we witnessed faulty voting machines with hanging chads and dimpled ballots. We also experienced error-filled purges and voter intimidation in minority neighborhoods. Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, voting irregularities and election protection and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act and the National Voter Registration Act, (NVRA), problems persist in the operation of our …

Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay

Buffalo Public Interest Law Journal

No abstract provided.

Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels

All Faculty Scholarship

Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, "voting irregularities" and "election protection" and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act, and the National Voter Registration Act, (NVRA), problems persist in the operation of our participatory democracy.

What we have witnessed since 2000, particularly during the 2004 election, gave us some reason to hope but also reason for concern. …

Judicial Selection: It's More About The Choices Than Who Does The Choosing, Honorable Lavenski R. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

Post-Amendment 80 Judicial Politics In Arkansas: Have The Changes Undermined The Argument For Selection By Appointment?, Jay Barth

University of Arkansas at Little Rock Law Review

No abstract provided.

Family Law & Civil Procedure - Daddy Dilemma: Should The Truth Matter? Martin V. Pierce, No. 06-950, 2007 Wl 1447911 (Ark. May 17, 2007), Katie S. Allen

University of Arkansas at Little Rock Law Review

No abstract provided.

[Tru/Fals]Isms: A Statistical Analysis Of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

University of Arkansas at Little Rock Law Review

No abstract provided.

The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller

Montana Law Review

Electronic Voting

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.

Voting Rights Rollback: The Effect Of Buckhannon On The Private Enforcement Of Voting Rights, Brian J. Sutherland

North Carolina Central Law Review

No abstract provided.

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 …

Granting Permanent Resident Aliens The Right To Vote In Local Government: The New Komeitō Continues To Promote Alien Suffrage In Japan, Miles E. Hawks

Washington International Law Journal

Throughout the world, the dominant suffrage model has been voting rights based on citizenship. However, the trend of globalization, the increase of cross-border migration, and the advent of supranational institutions such as the European Union have prompted many countries to reconsider the relationship between nationality and voting rights. This has resulted in a growing trend, beginning in Europe and spreading most recently to South Korea, of adopting a notion of suffrage based on residency and community rather than citizenship. Japan is currently considering legislation, known as the “Local Suffrage Bill,” which would allow permanent resident aliens (“PRAs”) to vote in …