Election Law Commons^™

Political Committee Expenditures And The Hatch Act, John W. Lederle

Michigan Law Review

Democratic governments are rightly concerned about how money is used to influence elections. The oft-quoted proverb, "He who pays the piper calls the tune," contains a large grain of truth. In many countries comprehensive statutory regulation of campaign expenditures may be found; but it is unlikely that any other country can match the variety of experiments which have been indulged in by-the national Congress and the forty-eight state legislatures in the United States.

The Privilege Of A Negro Citizen To Vote In A Primary

Indiana Law Journal

Notes and Comments: Constitutional Law

Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown

Michigan Law Review

The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United …

La Elección Senatorial, Rogelio Diaz Pardo Dr.

Mario Diaz Cruz Pamphlets

No abstract provided.

Special Municipal Election Laws

Indiana Law Journal

Notes and Comments: Legislation

"Skip Election Law" Of 1941 Held Invalid Special Legislation

Indiana Law Journal

Notes and Comments: Legislation

Código Electoral, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Ley Número 17 de 31 de Mayo de 1943.

Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree

Michigan Law Review

Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …

A Corrupt Practices Act For Maryland, Richard W. Emory

Maryland Law Review

No abstract provided.

Schools And School Districts - School Elections - Tax Limitations - Bond Issues - Qualifications Of Electors Under Michigan Constitution, John S. Pennell

Michigan Law Review

The plaintiff submitted to the school district electors two propositions: (1) that of increasing the tax limitation from 1.5 per cent to 1.802 per cent of the assessed valuation, and (2) that of bonding the school district in the amount of $182,600 for improvements. Both at the registration of voters, and at the election, the qualifications of the electors were tested by the school code. On the tax limitation question, all registered school electors were permitted to vote. On the question of the bond issue, only those registered electors who owned property assessed for school taxes in the district were …

Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review

Michigan Law Review

Pursuant to statutory provisions the fiscal court of Jefferson County, Kentucky, appropriated $1,000 for renting voting machines to be used in the general election of 1938. The county on relation of its attorneys filed suit for a declaratory judgment on the constitutionality of the statute. The relators appealed from a judgment declaring the act valid. Held, the statute authorizing the use of voting machines in popular elections is a violation of section 147 of the Kentucky Constitution which provides for a "secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter …

Constitutional Law--Elections--Voting Machines, John Paul Curry Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens

Michigan Law Review

In November, 1936, the people of the city of New York voted to adopt a system of proportional representation for the election of members of the city council. Each borough was to elect its representatives at large rather than from single-member districts. Each voter was restricted to voting for one councilman; but he might indicate the order of his preference for as many candidates as he desired. Thus he should have marked his first choice by the numeral "1," his second "2," and similarly as many choices as he wished to express. By a system of vote-transferring his vote would …

Local Option--Effect Of Election In County Upon Prior Election Held In Municipality Within The County, Sam Milner

Kentucky Law Journal

No abstract provided.

Constitutional Law - Discrimination Against Negroes - Control Of Party Membership, Everett S. Brown

Michigan Law Review

The petitioner, R. R. Grovey, allegedly a citizen of the United States and of Texas, and possessing all the qualifications of a voter, was refused a ballot for a Democratic party primary because he was of the Negro race. Grovey demanded ten dollars damages from the respondent, Albert Townsend, the county clerk, a state officer. The Revised Civil Statutes of Texas provide for primary elections and regulate absentee voting. When Grovey demanded of Townsend an absentee ballot it was refused in virtue of a resolution of the state Democratic convention of Texas, adopted May 24, 1932, as follows:

"Be it …

A "Majority Of The Electors" Means A Majority Of Those Voting On The Question, Frank N. Richman

Indiana Law Journal

(A criticism of State v. Swift, 69 Ind. 505; In re Denny, 156 Ind. 104; In re Boswell, 179 Ind. 292)

Primary Elections And The Constitution, Luther Harris Evans

Michigan Law Review

Recent attempts in Texas and elsewhere to exclude Negro voters from primary elections reveal the unsettled state of constitutional law in this field. Two struggles of principle, individualism versus police power and States' rights versus nationalism, are outlined in the judicial opinions reviewed below under the following headings: (I) Basis of state power over primaries; (II) Limitations on state power over primaries imposed by the Fourteenth and Fifteenth Amendments; (III) Basis of state power over primaries for nominating United States Senators and Representatives; and (IV) Basis of national power over primaries for nominating United States Senators and Representatives.

Constitutional Law--The Constitutionality Of A Statute Providing For The Election Of County Superintendents By The People, Henry C. Smith

Kentucky Law Journal

No abstract provided.

A Study Of Gerrymandering In Kentucky, Robert B. Stewart

Kentucky Law Journal

No abstract provided.

Ley De Emergencia Electoral, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Publicada en la Gaceta Oficial el Miércoles 3 de Mayo de 1933

Congressional Redistricting And The Constitution, Harold M. Bowman

Michigan Law Review

Is congressional redistricting by state legislatures an exercise of the lawmaking function, subject to the governor's veto power? Is fairness in such redistricting secured today either by federal statute or by the federal Constitution? Of these two questions, posed by recent events, the first has been completely answered; the second has been answered in part only -- breeding in its answer new and troublesome problems.

Constitutional Law - Redistricting For Congressional Elections - Lawmaking Power Of The State

Michigan Law Review

By the latest reapportionment of the House of Representatives (tit. 2, U. S. C. A., art. 2a), passed in 1929, Minnesota received one less representative than it had had by the previous apportionment (Act of 1911, tit. 2, U. S. C. A., sec. 2). The state legislature of Minnesota passed an act dividing the state into congressional districts in accordance with this apportionment, and the governor vetoed the bill. Thereupon the state house of representatives, by resolution, directed the secretary of state to enroll the bill as a law on the ground that the veto of the governor was a …

Constitutional Law -Is Redistricting Of A State For Congressional Elections An Exercise Of The Lawmaking Power Of The State?

Michigan Law Review

The governor of Minnesota vetoed an act of the legislature dividing the state into congressional districts in accordance with the latest re-apportionment of the House of Representatives (46 Stat. 21, 26). Thereupon the state house of representatives by resolution directed the secretary of state to enroll the bill as a law. In an action started to test the validity of the law, held, Art. 1, Sec. 4 (1) of the Constitution of the United States provides that, "The time and place of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but …

Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case

Michigan Law Review

The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …

The Indianapolis Mayoralty Cases, Robert C. Brown

Indiana Law Journal

No abstract provided.

Elections-Improper Marking Of Ballots

Michigan Law Review

The Australian ballot acts which have generally been adopted in this country were intended to bring about the twofold result of secrecy in voting and facility in the exercise of the franchise, and perhaps the most important provisions, having this object in view, are those regulating the marking of ballot papers by the voters. Unfortunately, however, the decisions on the question of what constitutes a valid voting mark are irreconcilably at variance. The conflict between decisions in different states might be explained by the fact that dissimilar statutes were being construed; but too often the courts have overruled their own …

Constitutional Validity Of Statute Barring Negroes From Primary Elections

Michigan Law Review

The history of suffrage in the South during the last thirty-five years has been largely a story of the adoption and administration of discriminatory regulations devised to catch the negro without debarring any considerable number of white people. This legal disfranchisement has been accomplished by property or educational qualifications possessed generally by whites but not by negroes, or by giving a great deal of discretion to election and registration officials, who, understanding what is expected of them, find quite uniformly that the negroes do not meet the requirements while the white applicants generally do. How the letter of the Fifteenth …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Newberry Case, Ralph W. Aigler

Articles

Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of …

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?