Election Law Commons^™

Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley

Scholarly Publications

No abstract provided.

Aviram V. Minister Of Justice, Neal Hendel, Isaac Amit, Uzi Vogelman

Translated Opinions

A petition concerning whether the Knesset is required to ensure that a member of the opposition serves on the Judicial Selection Committee (hereinafter: the Committee) at all times. Background: The two Members of Knesset sitting on the Committee are elected by the Knesset by secret ballot. Since 1990, the Knesset has elected at least one Committee member from the ranks of the opposition. This was also the case in the last elections, with the election of MK Ilatov to the Committee. MK Ilatov was a meber of Yisrael Beitenu, which then sat in the opposition. Shortly thereafter, Yisrael Beitenu joined …

More Public Education Needed On Changes To Ep System, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.

Domicile, Student Voters And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The wisdom of using the Electoral College to choose our president is a hot topic. For the second time in 16 years (and the fifth time in our history), the "winner" of the national popular vote lost the presidential election in the Electoral College. To many, this "undemocratic" outcome seems wrong."

Odni Statement On Declassified Intelligence Community Assessment Of Russian Activities And Intentions In Recent U.S. Elections, United States Senate

United States Senate Documents

ODNI Statement on Declassified Intelligence Community Assessment of Russian Activities and Intentions in Recent U.S. Elections, January 6, 2017

On December 9, 2016, President Barack Obama directed the Intelligence Community to conduct a full review and produce a comprehensive intelligence report assessing Russian activities and intentions in recent U.S. elections. We have completed this report and briefed President Obama as well as President-elect Trump and Congressional leadership. We declassified a version of this report for the public, consistent with our commitment to transparency while still protecting classified sources and methods. The Intelligence Community did not make an assessment of the …

Judges As Politicians: The Enduring Tension Of Judicial Elections In The Twenty-First Century, Richard Lorren Jolly

Notre Dame Law Review Reflection

Elections transform the basis of judicial legitimacy. Whereas a permanently appointed judiciary finds support in its supposed neutrality, the democratic judiciary demands responsiveness. Yet while this is obvious to scholars, the electorate, and most judges—and is in fact confirmed by much statistical data—the Supreme Court and others continue to insist that judicial campaigns can be sculpted to ensure robust democratic debate without compromising the bench’s impartiality. This Essay rejects the notion that the court can be both democratic and disinterested. It reviews the volatile history of judicial elections as well as the modern web of distinctions between protected and proscribable …

Legal Solutions To A Political Party National Committee Undermining U.S. Democracy, 51 J. Marshall L. Rev. 107 (2017), John Baglia

UIC Law Review

No abstract provided.

Changing The System Without Changing The System: How The National Popular Vote Interstate Compact ​Would Leave Non-Compacting States Without A Leg To Stand On, Jillian Robbins

Cardozo Law Review de•novo

This Note will discuss the constitutional and legal implications of the NPVIC, and will explore the strengths and weaknesses of the arguments both for and against its implementation. It will argue that the NPVIC is constitutional, despite many opponents’ views that it is not, because it does not encroach on federal supremacy or threaten the political relevance or rights of non-compacting states. This Note proposes that if a lawsuit between the states resulted from the enactment of the NPVIC, even if the merits of the claim are constitutional, the United States Supreme Court should dismiss these cases because the states …

The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons

Cardozo Law Review de•novo

For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.

The Corporation In The Marketplace Of Ideas, 51 J. Marshall L. Rev. 19 (2017), Matthew Telleen

UIC Law Review

No abstract provided.

Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith

University of Michigan Journal of Law Reform

With the Russian government hack of the Democratic National Convention email servers and related leaks, the drama of the 2016 U.S. presidential race highlights an important point: nefarious hackers do not just pose a risk to vulnerable companies; cyber attacks can potentially impact the trajectory of democracies. Yet a consensus has been slow to emerge as to the desirability and feasibility of reclassifying elections—in particular, voting machines—as critical infrastructure, due in part to the long history of local and state control of voting procedures. This Article takes on the debate—focusing on policy options beyond former Department of Homeland Security Secretary …

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Judging Congressional Elections, Lisa Marshall Manheim

Articles

This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.

State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …

What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez

Honors Undergraduate Theses

This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …

Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer

Faculty Articles and Papers

No abstract provided.

Transforming Election Cybersecurity, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd

Faculty Articles

In Part I, we introduce our earlier work on election cases and judicial partisanship before setting forth our new approach to studying the influence of law on judicial decisionmaking. We describe the special nature of the election cases in our database that allow more persuasive inferences of judicial partisanship than typically derived in empirical work on judicial behavior. We then explain our new approach for measuring case strength based on counterpartisan decisionmaking by judges. In Part II, we apply our approach to case strength to our dataset and present our results. In a nutshell, partisanship appears to matter as expected …

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

Law Student Publications

In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where …

Political Gerrymandering: Was Elbridge Gerry Right, C. Daniel Chill

Touro Law Review

No abstract provided.

What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson

Kentucky Law Journal

No abstract provided.