Voting Rights and Election Law

Author: Michael Dimino
Publisher: LexisNexis
ISBN: 9780327174172
Release Date: 2010-06-29
Genre: Law

Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections. In Chapter 1 students examine questions surrounding the constitutional right to vote and legislatures' power to restrict the classes of persons entitled to the franchise. The remainder of the text proceeds chronologically through the electoral process, from districting, with its issues of one person, one vote and the role of race under the Constitution and the Voting Rights Act; to the place of political parties in the electoral and constitutional structure; to limitations on ballot access; to the First Amendment's protection of political speech, including an in-depth treatment of campaign finance; to rules governing the voting process itself; to vote-counting; to remedies for elections that have gone wrong. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the texts of leading court opinions rather than commentary and political-science research. The book focuses on the legal principles and language adopted by courts in deciding election cases, rather than competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and question the empirical assumptions and theoretical premises behind the opinions.

The Voting Rights Act of 1965

Author: Garrine P. Laney
Publisher: Nova Publishers
ISBN: 1590336712
Release Date: 2003-01-01
Genre: Political Science

By passing the Voting Rights Act of 1965, Congress challenged the widespread evidence of disfranchisement of black citizens in certain southern states. This Act protects citizens' right to vote by forbidding covered states from using any tests that would determine eligibility to vote, by requiring these states to obtain federal approval before enacting any election laws and by assigning federal officials to monitor the registration process in certain localities. In 1970, Congress extended the Voting Rights Act for an additional 5 years and its coverage to other jurisdictions when evidence presented at congressional hearings revealed continued racial discrimination in voting. Throughout the next three decades, further legislation was added to the Act, to more wholly protect the individual citizen of this country. This book delves into the history of the Voting Rights Act as well as the current challenges and issues that face Congress. Contents: Introduction; The Voting Rights Act of 1965; The Voting Rights Amendments of 1970; The Voting Rights Amendments of 1975; The Voting Rights Amendments of 1982; The Voting Rights Amendments of 1992; Current Major Provisions of the Act; Presiden

Election Law in the American Political System

Author: James A. Gardner
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454893950
Release Date: 2017-09-12
Genre: Law

The second edition of Election Law in the American Political System offers an easy to teach, student-friendly, intellectually rich casebook with comprehensive coverage of the legal rules and doctrines that shape democratic participation in the 21st century American political system. The second edition of this casebook is updated throughout with new material including identity theory of voting behavior, alternative electoral systems, emerging metrics for evaluating the quality of election administration, and developments concerning the advent of “fake news” in election campaigns. Election Law in the American Political System also includes expanded coverage of developments regarding independent districting commissions, judicial elections, legal standards to adjudicate partisan gerrymandering, and the concept of “wisdom of the multitude.” With redesigned coverage and a thoughtful selection and careful editing of cases, the second edition contextualizes legal doctrine by providing insightful background readings and using expository material to introduce topics. New to the Second Edition: New coverage: Identity theory of voting behavior. Alternative electoral systems, including limited and cumulative voting and the single transferable vote. Evolution of judicial review of democratic processes. Developments concerning the advent of “fake news” in election campaigns. The emerging law of “ballot selfies.” Emerging metrics for evaluating the quality of election administration. Expanded coverage of: Concept of “wisdom of the multitude” Legal standards to adjudicate partisan gerrymandering. Developments regarding independent districting commissions, including an extended excerpt from Arizona State Legislature Judicial elections.

Law and Election Politics

Author: Matthew J. Streb
Publisher: Routledge
ISBN: 9781136330179
Release Date: 2013-05-07
Genre: Political Science

Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied—as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important—and most controversial—decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts‘ rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law—campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.

Establishing the Rules of the Game

Author: Louis Massicotte
Publisher: University of Toronto Press
ISBN: 0802085644
Release Date: 2004
Genre: Political Science

There are an astonishing variety of election laws across contemporary democratic societies. In Establishing the Rules of the Game, Louis Massicotte, André Blais, and Antoine Yoshinaka provide the first thorough examination of these laws. The study incorporates original data collected from more than sixty democracies around the world, and touches on oft-ignored, yet extremely important, aspects of election laws. The countries covered by the study include Argentina, Brazil, Canada, France, Japan, the Netherlands, the Philippines, Romania, and the United Kingdom. The authors focus on six dimensions of election laws: the right to vote, the right to be a candidate, the electoral register, the agency in charge of the election, the procedure for casting votes, and the procedure to sort out the winners and losers. Massicotte, Blais, and Yoshinaka uncover underlying patterns, explaining why certain types of country tend to adopt a given sets of rules. In general, former colonies adopt the same laws as their former mother country. There is also a tendency for established democracies to be more inclusive than non-established ones. The authors point out sociological patterns and review normative and practical arguments for and against each set of rules, providing invaluable information for students of elections and democratic theory as well as election practicioners.

Election Law and Democratic Theory

Author: David Schultz
Publisher: Routledge
ISBN: 9781317145295
Release Date: 2016-04-29
Genre: Law

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

Understanding Elections What s Your Vote Levels 3 5

Author: Torrey Maloof
Publisher: Shell Education
ISBN: 9781545700464
Release Date: 2017-04-04
Genre: Education

Improve understanding of the election process for students in grades 3-5 by introducing and exploring the connections between national, state, and local elections. Students will learn to think critically about the election process while using the provided primary sources to increase comprehension. Featuring simulations, extension activities, and flexible lesson plans, this resource makes exploring the election process with students easy and engaging.

Election Law and Democratic Theory

Author: Professor David Schultz
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781472434982
Release Date: 2014-02-28
Genre: Law

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

Election Law and Litigation

Author: Edward B. Foley
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454847663
Release Date: 2014-03-14
Genre: Law

This casebook offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. Features: Tightly-edited cases Useful notes that help serve as classroom discussion tools Up-to-date with the most recent Supreme Court and lower court decisions, including Shelby County (invalidating part of the Voting Rights Act) and lower court litigation involving the 2012 election

The Triumph of Voting Rights in the South

Author: Charles S. Bullock
Publisher: University of Oklahoma Press
ISBN: 9780806185309
Release Date: 2014-10-22
Genre: Political Science

The Voting Rights Act of 1965 achieved what two constitutional amendments and three civil rights acts could not: giving African Americans in the South access to the ballot free from restriction or intimidation. The most exhaustive treatment of elections and race in the region in sixty years, The Triumph of Voting Rights in the South explores the impact of that landmark legislation and highlights lingering concerns about minority political participation. In this state-by-state assessment, Charles S. Bullock III and Ronald Keith Gaddie show how minorities have become politically empowered thanks to the act—particularly its Section 5 provision, which requires jurisdictions that have had low levels of minority voting to obtain federal clearance before altering election laws. Blending data and anecdote, the authors demonstrate how minority participation in politics has improved as measured by voter registration and turnout, election of African Americans to political office, and minorities’ success in electing preferred candidates. Eleven southern states are discussed, including Arkansas and Tennessee, where Section 5 was not implemented, and Florida and Texas, where the act takes into account Latino participation. Concluding chapters offer a comparative assessment of voting rights progress across the South, explore the political by-products of the act, and analyze the 2008 election of President Barack Obama in light of wider access to the polls. The authors also discuss whether Section 5, set to expire in 2031, will be needed any longer. Political scientists, historians, students, and all those interested in southern politics and minority voting rights will find this study rich in information and insight as it shows how race and party interact in the modern South.

Understanding the 2000 Election

Author: Abner Greene
Publisher: NYU Press
ISBN: 9780814732960
Release Date: 2001-09-01
Genre: Political Science

Paperback Edition: Updated and with a New Foreword The nation will not soon forget the drama of the 2000 presidential election. For five weeks we were transfixed by the legal clashes that enveloped the country from election night to the Gore concession. It was instant history, and will be studied by historians, lawyers, political scientists, media critics and others for years to come. Even for those who followed the events most closely, the legal twists and turns of the post-election struggles seemed at times bewildering. We witnessed manual recounts of election ballots, GOP federal court lawsuits challenging those recounts, two Florida Supreme Court opinions, lawsuits over butterfly and absentee ballots, questions about the role of the Florida legislature and the United States Congress in resolving presidential election disputes, and two United States Supreme Court decisions, the second of which finally handed the election to Bush. Although the 2000 Presidency was decided through much legal wrangling, one should not have to be a lawyer to understand how we came to have Bush rather than Gore as our President in that hotly contested election. Understanding the 2000 Election offers an accessible, comprehensive guide to the legal battles that finally gave George W. Bush the Presidency five weeks after election night. Meant to stand next to and clarify the numerous journalistic and personal accounts of the election drama, Understanding the 2000 Election offers a offers a step-by-step, non-partisan explanation and analysis of the major legal issues involved in resolving the presidential contest. The volume also offers a clear overview of the Electoral College, its history, what would be involved in switching over to a direct election, and the likely future of the Presidential electoral process. While some still decry the 2000 election outcome as the result of political manipulation rather than the rule of law, Greene shows that almost every legal conclusion of the post-election struggle can be understood through the application of legal principle, rather than politics.

Women s Individual Voting Rights

Author:
Publisher: Council of Europe
ISBN: 9789287150400
Release Date: 2002
Genre: Political Science

Family voting is a patriarchal custom that allows men to vote with or for women family members, and this practice has been identified in several of the new European democracies by election observers since 1995. This custom deprives women of their right to a secret vote and contributes to their marginalisation in political life. This report explores this aspect of gender inequality in political systems and contains recommendations to combat it, including Recommendation 111 (2002) of the Congress of Local and Regional Authorities of Europe on women's individual voting rights: a democratic requirement.

America Votes

Author: Benjamin E. Griffith
Publisher: American Bar Association
ISBN: 1590319729
Release Date: 2008
Genre: Law

This detailed snapshot of America's voting and electoral practices, problems, and most current issues addresses a variety of fundamental areas concerning election law from a federal perspective, with coverage of such topics as voter protection, voting technology and the law, felon disenfranchisement, and the Voting Rights Act. Original.

International Election Principles

Author: John Hardin Young
Publisher: American Bar Association
ISBN: 1604422572
Release Date: 2009
Genre: Law

This book is a practical resource covering standards, rules, and other criteria that apply to elections around the world. The book is designed to help attorneys (and others observing or otherwise participating in the electoral process) understand the general standards and theoretical complexities of the field. Each author presents core principles to explain electoral processes and examines democratic elections in a broader political context. This comprehensive resource will help unite theory and practice.

Election Law Fifth Edition

Author: Lowenstein, Daniel Hays
Publisher: Carolina Academic Press
ISBN: 9781611636703
Release Date: 2014-07-21
Genre: Law

Professors who adopt the Lowenstein/Hasen/Tokaji casebook for their course can receive a complimentary copy of this supplement by emailing their request to [email protected] Those who are not adopting the casebook can purchase an Amazon Kindle version of these materials. The Supplement is up-to-date through the end of the Supreme Court’s October 2013 term. It includes an edited version of of the Supreme Court’s new campaign finance case, McCutcheon v. FEC, an edited version of Shelby County v. Holder, and an edited version of the lower court decision in the Alabama redistricting cases which the Supreme Court will hear in the October 2014 term. The Supplement also considers developments in Voting Rights Act litigation after the Supreme Court’s Shelby County case and covers litigation over citizenship and other state registration and voting requirements under the Elections Clause following the Supreme Court’s opinion last term in Arizona v. Inter Tribal Council. It also covers the new Susan B. Anthony false campaign speech case.