Election Law Commons^™

The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System, Tommy La Voy

Michigan Journal of Environmental & Administrative Law

Since John F. Kennedy and Richard Nixon walked into a Chicago television studio for the first general election presidential debate in 1960, candidate debates have been a fundamental aspect of presidential campaigns and have had broader effects on society at large. The Commission on Presidential Debates (“CPD”) has been in charge of organizing the general election debates since it was created in 1987 by the Democratic and Republican parties. In its tenure, the CPD has restricted its massive platform almost every election to the Republican and Democratic candidates through the use of criteria that seemingly follow the law’s requirement of …

Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo

SAIPAR Case Review

In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’

In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …

Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba

SAIPAR Case Review

Zimbabwe held its first post-Mugabe general elections on 30th July 2018. On 3rd August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Dambudzo Mnangagwa as the candidate who received the requisite ‘more than half the number of votes cast’ and declared duly elected President of Zimbabwe. Aggrieved by this development, Nelson Chamisa, the main opposition contender, challenged the validity of the election of Mnangagwa in the Constitutional Court. After hearing the case, the Constitutional Court unanimously: 1) Dismissed the application with costs; and 2) Declared Emmerson Dambudzo Mnangagwa as duly elected President of Zimbabwe.

Hall V. Merrill: Petition For A Writ Of Certiorari, Leah Litman

Appellate Briefs

Question Presented:

This Court has long recognized an exception to the mootness doctrine for a controversy that is "capable of repetition, yet evading review." S. Pac. Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). The courts of appeals are split over how this exception applies to cases involving elections. This case presents the following question:<\p>

Under what circumstances can a candidate continue to challenge a ballot-access rule after the election over which he originally sued has passed?<\p>

Petition for a Writ of Certiorari:

Petitioner James Hall respectfully petitions for a writ of certiorari to review the judgment of …

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …

Trusting The Federalism Process Under Unique Circumstances: United States Election Administration And Cybersecurity, Eric S. Lynch

William & Mary Law Review

No abstract provided.

Brief For 190 Bipartisan Elected Officials, Counties, And Cities From Arizona, Colorado, Connecticut, Florida, Georgia, Illinois, Nevada, New Jersey, New York, Pennsylvania, Virginia, Washington, And Wisconsin As Amici Curiae Supporting Respondents, Jeffrey M. Wice

Redistricting Resources

This amicus brief argues that the addition of a citizenship question to the census will have profound consequences. It will lead to an undercount of the populations in many communities nationwide, including those represented by amici. Such an undercount will cause hundreds of millions of dollars in federal funding to be improperly allocated away from these communities, thus reducing their access to critical federal programs and depriving them of vital public services.

The Democracy Ratchet, Derek T. Muller

Indiana Law Journal

This Article proceeds in five Parts. Part I identifies recent instances in which federal courts have invoked a version of the Democracy Ratchet. It identifies the salient traits of the Democracy Ratchet in these cases. Part II describes why the Democracy Ratchet has gained attention, primarily as a tactic of litigants and as a convenient benchmark in preliminary injunction cases. Part III examines the history of the major federal causes of action concerning election administration—Section 2 of the Voting Rights Act, the Burdick balancing test, and the Equal Protection Clause. In each, it traces the path of the doctrine to …

Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Puerto Rico, Inc.: Implicit Incorporation And Puerto Rico’S Right To Vote For Presidential Electors, Aaron Barden

William & Mary Bill of Rights Journal

No abstract provided.

Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin

Fordham Law Review Online

This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom …

Election Law And White Identity Politics, Joshua S. Sellers

Fordham Law Review

The role of race in American politics looms large in several election law doctrines. Regrettably, though, these doctrines’ analyses of race, racial identity, and the relationships between race and politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine theories of democracy uncorrupted by white identity–based political calculations, while in fact such calculations, made on the part of both voters and political parties, are pervasive. In this Article, I appraise the doctrine pertaining to majority-minority voting districts, racial gerrymandering doctrine, the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Rising Authoritarianism(S) And The Globalization Of Law: An Initial Exploration, Z. Umut Türem

Indiana Journal of Global Legal Studies

This article explores the question "what does the future hold for the globalization of law?" In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the …

Fool Me Once... The Need For Federal Legislation To Remedy Fraud And Misrepresentation In Ballot Initiatives That Negatively Affect Minority Communities, Jessica George

Journal of Civil Rights and Economic Development

(Excerpt)

This Note proposes new federal legislation to provide relief for voters who might be negatively affected by fraud and deception at any phase of a ballot initiative, including the signature-gathering process. Ballot initiatives are a significant part of the democratic process. They must be protected from fraud, especially when those practices result in initiatives that harm specific minority group interests. This legislation will give deceived voters a cause of action to stop the effect of a ballot initiative before it negatively impacts them. Voters can bring a civil action in federal court for preventive relief, including a permanent or …

Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume

Pepperdine Law Review

The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force …

Republicans And The Voting Rights Act, Michael T. Morley

Scholarly Publications

No abstract provided.

Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky

Touro Law Review

No abstract provided.

America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh

American University Law Review

No abstract provided.

Passive Voter Suppresion: Campaign Moblization And The Effective Disfranchisment Of The Poor, Douglas M. Spencer, Bertrand L. Ross Ii

Faculty Articles and Papers

A recent spate of election laws tightened registration rules, reduced convenient voting opportunities, and required voters to show specific types of identification in order to vote. Because these laws make voting more difficult, critics have analogized them to Jim Crow Era voter suppression laws.

We challenge the analogy that current restrictive voting laws are a reincarnation of Jim Crow Era voter suppression. While there are some notable similarities, the analogy obscures a more apt comparison to a different form of voter suppression-one that operates to effectively disfranchise an entire class of people, just as the old form did for African …