Election Law Commons^™

Not Enough Of A Minority?: Arab Americans And The Language Assistance Provisions (Section 203) Of The Voting Rights Act, Brenda Fathy Abdelall

University of Michigan Journal of Law Reform

With the Voting Rights Act set to expire in 2007, debate has ensued regarding the protections it provides for minority groups. Section 203 of the Act protects language minorities, but under these protections, only four minority groups are afforded bilingual access to voting materials. This Note argues that the Act is imperative to the protection of minority voters, especially those belonging to a language minority group. This Note further argues that not only should the Voting Rights Act be renewed, but § 203 should be revised to include Arab Americans. The Note focuses on the Arab American community because it …

Judging The Law Of Politics, Guy-Uriel Charles

Michigan Law Review

Election law scholars are currently engaged in a vigorous debate regarding the wisdom of judicial supervision of democratic politics. Ever since the Court's 1962 decision in Baker v. Carr, the Court has increasingly supervised a dizzying array of election-related matters. These include the regulation of political parties, access to electoral ballots, partisanship in electoral institutions, the role of race in the design of electoral structures, campaign financing, and the justifications for limiting the franchise. In particular, and as a consequence of the Court's involvement in the 2000 presidential elections in Bush v. Gore, a central task of election …

The Case For Federal Anti-Gerrymandering Legislation, Brian O'Neill

University of Michigan Journal of Law Reform

Partisan gerrymandering is a political tradition the United States can no longer afford. Due in part to the effects of partisan gerrymandering, very few congressional elections are meaningfully competitive. This Note argues that partisan gerrymandering damages both the quality of American democracy and the federal system of the United States. This Note concludes that the important federal interests at stake warrant action by Congress to halt partisan gerrymandering. The Note further concludes that any action by Congress should incorporate the principles of federalism by resisting the temptation to micromanage and Congress should instead require state commissions to draft the boundaries …

The Judicial Nominations Wars, William P. Marshall

University of Richmond Law Review

No abstract provided.

What Do Exit Polls And Flu Vaccine Shortages Have In Common?, Albert A. Foer, Robert H. Lande, F.M. Scherer

All Faculty Scholarship

What do exit polls and flu vaccine shortages have in common? Both involve situations where society has come to rely excessively on too few entities. When even one company makes a mistake society can suffer significantly. This short piece advocates that we abandon our almost laissez faire tolerence towards high concentration, and rely upon competition, rather than on monopoly or a small number of producers.

Regulating The Mother's Milk Of Politics: Why Washington's Campaign Finance Law Constitutionally Prohibits State Parties From Spending Soft Money On Issue Ads, Scott Holleman

Washington Law Review

The possibility that elected officials may exchange their votes on pending legislation for donations to help their re-election campaigns poses a serious threat to democratic government. To alleviate this risk, governments at the state and national levels regulate how politicians finance their campaigns. However, these regulatory efforts have been challenged on First Amendment grounds. In Buckley v. Valeo, the United States Supreme Court upheld certain campaign contribution limits, while declaring certain expenditure limits unconstitutional. The Washington State Supreme Court relied on the Buckley opinion in Washington State Republican Party v. Washington Public Disclosure Commission, when it ruled that …

Instant Runoff Voting: A Cure That Is Likely Worse Than The Disease, James P. Langan

William & Mary Law Review

No abstract provided.

After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang

Faculty Articles and Other Publications

This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. Hazeltine and Session v. Perry. Through other post-Ashcroft cases, Part II teases out the differences (i) between influence districts as injury and remedy and (ii) between a jurisdiction's Section 5 and Section 2 obligations--details closely related …

The 2000 Presidential Election Shattered The Myth That Every Vote Is Counted, 23 J. Marshall J. Computer & Info. L. 491 (2005), Richard C. Balough

UIC John Marshall Journal of Information Technology & Privacy Law

A lot of things have changed since the early memories of going into the voting booth, which at that time was the old mechanical machines, and pulled those levers down. It was taught that you have to vote because each vote was going to make a difference, each vote was going to be recorded and tallied. The voting which was done on Election Day, the way one voted was going to affect our democracy. Of course during that time there were also a lot of other things happening that ran counter to this ideal, stories including police intimidation especially in …

"Electronic Voting Rights And The Dmca: Another Blast From The Digital Pirates Or A Final Wake Up Call For Reform?", 23 J. Marshall J. Computer & Info. L. 533 (2005), Doris E. Long

UIC John Marshall Journal of Information Technology & Privacy Law

Electronic voting machines are the new version of pirated music. Like digital music, electronic voting was designed to make voting rights easily available to the masses. However, technology has once again demonstrated how easy it is to circumvent a good idea through better “hacker” technology. In reality, any electronic voting software can be hacked no matter how good the encryption technology protecting it. The issue is not creating a fool-proof anti-circumvention system – an impossible task – but creating the necessary digital safeguards to make circumvention difficult, to make security breaches more readily detectable, and to provide back-up systems to …

The Machinery Of Democracy: Voting Technology In November 2004, 23 J. Marshall J. Computer & Info. L. 553 (2005), Doug Chapin

UIC John Marshall Journal of Information Technology & Privacy Law

In general Election Day of 2004 proceeded surprisingly smoothly and although some problems were reported, by and large they were best characterized as “no big and lots of littles.” In the end, the margins of victory in most races during the 2004 election exceeded the margin of litigation, meaning the trouble that arose in many states would most likely not have changed the outcome. In the immediate aftermath of Election Day, however, a closer look at experiences around the country revealed widespread problems that, while immaterial to the outcome of the election, nonetheless indicate that much remains to be done …

Campaign Finance Reform, Electioneering Communications, And The First Amendment: Resuscitating The Third Exception, 38 J. Marshall L. Rev. 1315 (2005), Daniel B. Roth

UIC Law Review

No abstract provided.

Natural Born In The U.S.A.: The Striking Unfairness And Dangerous Ambiguity Of The Constitution’S Presidential Qualifications Clause And Why We Need To Fix It, Sarah Helene Duggin, Mary Beth Collins

Scholarly Articles

This article explores the controversy surrounding the natural born citizenship proviso in order to demonstrate why a constitutional amendment is necessary to eliminate its inherent inequity and uncertain applicability, and to offer substantive recommendations for initiating such an amendment. Part I begins with a brief discussion of the historical and legal context of the natural born citizenship proviso. Part II explores the elusive nature of the term "natural bom Citizen," and Part III focuses on the perils of passively awaiting judicial resolution of its meaning. The structural and policy reasons why limiting the Presidency to natural born citizens is inconsistent …

If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod

West Virginia Law Review

No abstract provided.

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.

Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather

Kentucky Law Journal

No abstract provided.

Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn

Michigan Journal of Race and Law

This examination of the institutional changes to state legislatures, synthesized with an analysis of the handling of felon disenfranchisement laws by state legislatures, presents a troubling realization about the law today: in the twenty-first century, partisan politics moderates decisions about even the most basic and fundamental principles of democracy. This Note suggests that because state legislators follow their party leadership and position, a state's traditional treatment of racial minorities, geographic location, and even ideology are not the strongest indicators of a state's disenfranchisement laws. Rather, partisan politics drives changes to the state laws governing felon voter eligibility.

After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang

Michigan Journal of Race and Law

This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. In the face of this uncertainty, lower courts will rely increasingly on the proportionality standard of Johnson v. De Grandy, which marked the midpoint in the judicial shift from Justice Brennan's worldview to Justice O'Connor's world-view. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. …

"Render Unto Caesar", Marie Failinger

Faculty Scholarship

“Render unto Caesar the things that are Caesar’s” is as much a challenge as a command. It is a cryptic call to Christians to consider more thoughtfully what we owe to the state—and as importantly, what we do not—rather than, as we might want to pretend, a clear signal of the boundary between the governances of God’s left and right hands.

Modern Americans in mainstream Christian churches often forget, because we do not feel the heavy hand of the state upon our congregations, our worship, and our activities, that this Biblical challenge is effectively issued to us every day. The …

Preparing For 2007: Legal And Legislative Issues Surrounding The Reauthorization Of Section 5 Of The Voting Rights Act, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.

Johnson V. Degrandy, Henry L. Chambers, Jr.

Law Faculty Publications

512 U.S. 997 (1994), argued 4 OCT. 1993, decided 30 June 1994 by vote of 7 to 2 Souter for the Court, O'Connor concurring, Kennedy concurring in part and concurring in the judgment, Thomas and Scalia in dissent.

Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert

Kentucky Law Journal

No abstract provided.

Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson

Vanderbilt Journal of Entertainment & Technology Law

This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light …

The Supreme Court And Voting Rights: A More Complete Exit Strategy, Grant M. Hayden

Faculty Journal Articles and Book Chapters

To the great relief of many observers, the Supreme Court has recently become more deferential to state legislatures with respect to their political redistricting plans. The only problem is that the Court appears to be in no mood to revisit some of the cases that got it entangled in the political thicket to begin with - the ones rigorously applying the one person, one vote standard. Indeed, it recently issued a summary affirmance of a lower court decision that tightened up its already exacting standards regarding population equality. As a result, the Court's partial retreat from politics is doing more …

Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius

Public Interest Law Reporter

No abstract provided.

How Much Does Money Matter In A Direct Democracy?, John M. De Figueiredo

Faculty Scholarship

No abstract provided.

Refocusing On Race, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This paper, prepared for a symposium on voting rights in the George Washington Law Review, is a call to refocus attention on the role of race in politics. In recent years, many voting rights scholars have shifted their attention away from the plight of minority voters. Indeed, the issue of race came up in this symposium only obliquely, if at all, as part of a discussion of other issues. And this is more than a bit unusual, for race has been a driving force in the development of much of the law of democracy over the last several decades.

Of …

The Return Of Spending Limits: Campaign Finance After Landell V. Sorrell, Richard Briffault

Faculty Scholarship

On August 18, 2004, the United States Court of Appeals for the Second Circuit held that the First Amendment, as interpreted by the Supreme Court in Buckley v. Valeo, does not preclude mandatory limitations on campaign expenditures.In Landell v. Sorrell, the court concluded that limitations imposed by the state of Vermont on candidate spending in state election campaigns are "supported by [the state's] compelling interests in safeguarding Vermont's democratic process from 1) the corruptive influence of excessive and unbridled fundraising and 2) the effect that perpetual fundraising has on the time of candidates and elected officials.^" To …

Electing Delegates To A State Constitutional Convention: Some Legal And Policy Issues, Richard Briffault

Faculty Scholarship

On July 6, 2004, then-Governor James E. McGreevey signed into law a measure intended to address one of New Jersey's most contentious and explosive issues, the property tax. The law called for the creation of the Property Tax Convention Task Force (the "Task Force") to develop recommendations concerning the design of a state constitutional convention for revamping the existing property tax system. In addition to analyzing the scope, operation, and timing of a property tax convention, one of the principal tasks of the Task Force was to determine the method for the election of delegates. The New Jersey Constitution is …

Social Choice, Crypto-Initiaives, And Policymaking By Direct Democracy, Thad Kousser, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.