Election Law Commons^™

Fighting A New Wave Of Voter Suppression: Securing College Students’ Right To Vote Through The Twenty-Sixth Amendment’S Enforcement Clause, Ryan D'Ercole

Washington and Lee Law Review

Throughout the 1960s, young people protested for racial and LGBTQ+ equality, women’s rights, and an end to the Vietnam war. In the process, they earned the most fundamental right— the right to vote.

Fifty years ago, in the summer of 1971, the Twenty-Sixth Amendment was ratified. In addition to lowering the voting age to eighteen, the Twenty-Sixth Amendment prescribed that the right to vote “shall not be denied or abridged by the United States or by any State on account of age.” But in the fifty years since ratification, states have continued to enact laws that abridge the right to …

A New Way For Voting In American Elections: Addressing The Patentability Of A Blockchain Mail-In Voting System, Brandon D. Waller

Journal of Intellectual Property Law

The novel corona virus turned life upside down throughout the world in 2020. One of its many impacts was the fear it gave people of going out in public as doing such could increase the likelihood of contraction. This disease happened to come about during an election year in the United States and this raised many questions about how voting could be safely conducted. A hot topic debate took over America as to whether or not mail-in voting would suffice. The United States Postal Service sought to find a reliable way to conduct mail-in voting and filed for a patent …

I Choose, You Decide: Checking The Judiciary From Within, Jeremy N. Sheff

Cardozo Law Review

Efforts to rein in partisanship (or the perception thereof) on the Supreme Court tend to focus either on what Ryan Doerfler and Samuel Moyn call “personnel reforms”—changes to the selection, appointment, or tenure of Justices—or on what they call “disempowering reforms”—changes that divert some of the judiciary’s authority to the political branches, for example via jurisdiction stripping. I propose a different—and perhaps complementary—reform, which would achieve some of the goals of both types of reform without requiring a constitutional amendment. I propose that the selection of a case for the Supreme Court’s discretionary appellate docket should be performed by a …

On The Ballot For Nov. 2, 2021: The Constitutional Amendment On Redistricting, Jeffrey M. Wice, Todd Breitbart

Redistricting Resources

On November 2, 2021, New York State voters will be asked to approve a constitutional amendment revising the redistricting process to be based on the 2020 census. If the constitutional amendment is approved, the changes will take effect on January 1, 2022. This amendment is necessary to address delays in the census created by the pandemic and to accommodate New York State’s change from a September primary to an earlier June primary for both federal and state elections. These changes compressed the time needed to complete the redistricting. Without these changes, it is possible that the new districts will not …

Summary Of New York State Redistricting Cases, Nicholas Stabile, Marissa Zanfardino

Redistricting Resources

This article contains summaries for all of the major redistricting cases in New York State. This article was created with assistance by Stephanie Hernandez, David Romero, and Scott Matsuda.

S.2670 U.S. Senate Redistricting Bill, Marissa Zanfardino

Redistricting Resources

This bill was introduced in the Senate by Senator Charles E. Schumer on August 6, 2021 and its consideration was blocked by the Senate on August 11, 2021. It outlines national reform for redistricting.

Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan

Maine Law Review

Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate pre-election …

Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies

Helms School of Government Undergraduate Law Review

No abstract provided.

Purges And Closures And Lines, Oh My!--Do Georgia's 2018 Election Procedures Violate International Law?, Holly Katherine Stephens

Georgia Journal of International & Comparative Law

No abstract provided.

Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The Trump Administration challenged notions of good governance. It challenged our expectation of majoritarian legitimacy to the extent only a minority of voters elected President Donald Trump in 2016. It challenged our demands for reasoned decision-making insofar as the President sought to dismantle the administrative state and govern by fiat. It challenged our expectation of checks and balances in the way it approached appointments and removals to accumulate power at the expense of congressional design. These challenges sound in different legal theories, but they all reflect shattered expectations of good governance. And yet, the most lasting legacy of the Trump …

One Year On Since Ge2020: Thinking Afresh For The Post-Covid Era, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as political competition in Singapore sharpens, a deeper understanding and broader consensus must develop on critical issues. He believes that remaking Singapore to be a fairer, more just, and compassionate society in a post-Covid world is a key responsibility for Parliament.

“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart

Journal of Law and Policy

How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …

Ranked-Choice Voting As Reprieve From The Court-Ordered Map, Benjamin P. Lempert

Michigan Law Review

Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial …

An Analysis Of The Relationship Between Voting Law Stringency And Voter Fraud, Nicholas J. Stark

Helm's School of Government Conference - 2021-2024

The debate on election integrity usually centers upon two competing views. First, the conservative view, makes the claim that combating voter fraud is the most important aspect of preserving election integrity. Conservatives argue that voter fraud is rampant and has a meaningful impact on the outcomes of elections. In order to provide free and secure elections, states need to enact more stringent voting laws. The argument hinges on a correlation between relaxed voting laws and more instances of voter fraud.

The second view, held by liberals, is that the conservative argument actually fosters voter suppression, which is more damaging to …

Resolving The Ambiguity: How Cowen V. Ga. Sec’Y Of State Helps Third Parties Climb Georgia’S Steep Mountain Of Ballot-Access Restrictions, Sean Callihan

Mercer Law Review

Minor political parties are rejoicing and celebrating a significant victory in Cowen v. Ga. Sec’y of State, as a stepping stone in loosening Georgia’s rigorous ballot-access restrictions. Georgia’s rigorous 5% petition requirement is one of the highest barriers in the nation for a political body to overcome, a barrier that has never been breached in Georgia since its adoption in 1943. In Cowen, the United States Court of Appeals for the Eleventh Circuit held the United States District Court for the Northern District of Georgia erred by granting summary judgment in favor of Georgia’s Secretary of State without …

New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe

SAIPAR Case Review

This case will impact constitutional law, constitutional interpretation, and electoral law in the sense that it will likely remain for a long time the leading case on independent candidates in South Africa. This is an important question that has also been raised elsewhere, like it did recently in Namibia. In both South Africa and Namibia, the question was raised as to the desirability of independent candidates. With the decision in NNM, the Constitutional Court has enabled South Africa to join nations like Namibia in permitting independent candidates.

"And The Oscar Goes To . . .": Why The Academy Awards May Create Antitrust Drama With Proposed Eligibility Rule Changes, Armando Marin Iii

Cardozo Law Review

No abstract provided.

Unequal Protection: Rethinking The Standards And Safeguards For Absentee Ballot Schemes, Kira M. Simon

William & Mary Bill of Rights Journal

No abstract provided.

Counting Heads: The Decennial Census And Adjustments To Enumeration, Jay E. Town

Notre Dame Law Review Reflection

The 2020 Decennial Census has become a lightning rod for litigious civil rights organizations, state attorneys general, and even members of Congress. At stake is the apportionment of representatives in the House of Representatives and the Electoral College divided amongst the several states. Furthermore, the “headcount” determines the allotment of $1.5 trillion in nondiscretionary federal dollars to be distributed to the various states based on the persons who are counted in each. The headcount is also used in redistricting of congressional districts. Make no mistake, litigation surrounds the manner in which the census arrives at its headcount after every census. …

Saskatchewan 2024: Making Change Happen - New Democratic Party Of Saskatchewan Election Review Panel Report, Gerry Scott, Judy Bradley, Modeste Mckenzie, Craig M. Scott, Brian Topp

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.