Election Law Commons^™

The Faithless Elector And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules

Faculty Publications

Presidential electors are generally expected to vote for the candidate who won their state's election, and those who do not are referred to as "faithless electors." A majority of states have laws of varying types that bind their electors to vote for the winning presidential candidate. The 2016 election, for the first time in modern history, produced a serious movement urging electors to cast faithless votes against Donald Trump. Although this movement was not successful, 2016 saw the most faithless electors in recent history by a large margin. Three separate, ultimately unsuccessful, lawsuits were filed by would-be faithless electors in …

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review (2009 - Present)

No abstract provided.

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson

University of Miami Race & Social Justice Law Review

No abstract provided.

The Right To Vote Under Local Law, Joshua A. Douglas

Law Faculty Scholarly Articles

A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This Article—the first to explore in depth the local right to vote—completes the trilogy. Cities and towns across the country are expanding the right to vote in municipal elections to include sixteen- and seventeen-year-olds, noncitizens, nonresident property owners, and others. Berkeley, California, for example, …

Gerrymandering (Almost) Gone Wild: How The Supreme Court Saved Independent Redistricting Reform, Michael Woods

Florida Law Review

This Comment discusses how the Arizona State Legislature majority reached its decision to uphold independent redistricting commissions, addresses issues that several of the dissenters raised, and analyzes how the decision will impact partisan gerrymandering and future redistricting reform. Part I briefly overviews reapportionment, gerrymandering, and redistricting reform. Part II then examines Arizona State Legislature and provides the legal and political context for the nearly five-year debate over the AIRC. Finally, Part III explores potential legal and policy ramifications of the decision on the future of partisan gerrymandering and redistricting reform.

No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand

Georgia Journal of International & Comparative Law

No abstract provided.

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Law Faculty Scholarship

[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.

Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.

The problem is that voters from certain racial groups tend to vote overwhelmingly for …

Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher

Washington International Law Journal

Article sixty-one of the Afghan Constitution requires a candidate to win an absolute majority of votes to become the president. This constitutional rule comprises a runoff clause, which prescribes a second round of elections between the two front-runners should no candidate win over 50% of the votes in the first round. While this article agrees with the majority view of Afghan scholars and politicians who see the runoff clause as instrumental to developing trans-ethnic coalitions and governments, it distinguishes between the formation of alliances and their consolidation. Ultimately, this article posits that the runoff clause actually impedes the long-term success …

Local Democracy On The Ballot, Joshua A. Douglas

Law Faculty Scholarly Articles

This Essay, focusing particularly on voter-backed local election rules, proceeds in three parts. Part I highlights how local laws play a significant role in dictating voting rights and election rules. Too often election law scholars focus solely on federal or state law. But local laws are also important in defining the right to vote and providing rules for our democracy. New local election law experiments in one place can highlight innovative reforms that other cities and states may eventually adopt. This avenue to election law reform is particularly important given the current political climate.

Part II considers local ballot initiatives …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Minority Judgement, Dunia P. Zongwe

SAIPAR Case Review

On September 5th 2016, there was tension in the packed Constitutional Court. Three out of five Constitutional Court judges (i.e., Anne Mwewa-Sitali, Mugeni Mulenga and Palan Mulonda) dismissed the election petition of Presidential candidate Hakainde Hichilema and his running mate Geoffrey Mwamba, on the grounds that the time for hearing the petition had lapsed. The President of the Court Justice Hildah Chibomba, and Justice Margaret Munalula dissented.

Dividing the Court was the interpretation and effect of Articles 101(5) and 103(2) of the Constitution of Zambia. Articles 101 (5) and 103 (2) provide that the Constitutional Court must hear a Presidential …

Beyond Pluralism And Elitism: How Much Influence Do Special Interests Have On The Content Of Congressional Legislation?, Kyle Johnson

Political Science Theses and Capstones

Do powerful special interests have too much influence over what is written in congressional legislation? There has been ongoing debate about how influence should be distributed between interest groups in affecting legislation. A central question in this debate asks whether interest groups with more financial clout have more influence in policy-making than interests that have fewer resources? Furthermore, much research has been on interest groups influence on the lawmaker’s vote instead of the interest’s influence prior to the vote. My research seeks to determine the extent to which interest groups influence the content of legislation in the U.S. Congress. My …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo

SAIPAR Case Review

No abstract provided.

Katuka V Electoral Commission Of Zambia (2016/Cc/0025) [2016] Zmcc 2 (9 August 2016), Chanda Chungu

SAIPAR Case Review

No abstract provided.

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo

University of Richmond Law Review

No abstract provided.

Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the workings of the upcoming Singapore presidential election. He noted that as the next election is a reserved one, all the more voters should specially consider a candidate’s commitment and contributions to multiracialism. On the reserved election mechanism, Associate Prof Tan noted that it helps ensure that the presidency is not only accessible, but is seen to be accessible to all the major racial communities in Singapore.“It functions as an inter-generational safeguard for minority representation, while not going as far as mechanically rotating the presidency among the major races, …

The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty

Maine Law Review

In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance of …

Election Slapps: Effective At Suppressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah Mcgowan Kelly

Maine Law Review

Most states have established an intricate network of rules and procedures that independent candidates need to follow in order to get on the state’s ballot for the presidential election. If a candidate manages to make it onto a state’s ballot, most states also have a mechanism that allows almost anyone to challenge the process the candidate went through to get on the ballot. Citizens can challenge the candidate’s nomination petition, and then appeal the decision on the challenge at several different levels. An independent candidate running for national office can become embroiled in simultaneous petition challenges, and appeals, throughout the …

Guaranteeing The Right To Vote For Twenty-First Century America, Brandon Haase

Journal of Legislation

No abstract provided.

The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit

Michigan Law Review

Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.