Election Law

The Enforcement Act of 1870, Federal Jurisdiction Over Election Contests, And The Political Question Doctrine

Michael T. Morley

Abstract A lingering provision of a major Reconstruction Era law, theEnforcement Act of 1870, 28 U.S.C. § 1344, grants federal courtsjurisdiction over election contests arising from alleged FifteenthAmendment violations, except for the positions of presidential elector,member of Congress, and state legislator. Some courts have erroneouslyconstrued this provision as categorically denying the federal judiciarysubject-matter jurisdiction over […]

One Person, One Weighted Vote

Written by: Ashira Pelman Ostrow

Abstract This Article argues that weighted voting should be used to comply with the constitutional one-person, one-vote requirement while preserving representation for political units on the legislative body. First, this Article demonstrates that weighted voting satisfies the quantitative one-person, one-vote requirement by equalizing the mathematic weight of each vote. Second, this Article demonstrates that weighted […]

A New Era for Judicial Retention Elections: The Rise of and Defense Against Unfair Political Attacks

Written by: Hon. Barbara J. Pariente & F. James Robinson, Jr.

Abstract The judicial-merit selection and retention system for appointing judges to the bench was designed to emphasize selection based on the judge’s qualifications and to minimize the influence of partisanship and politics in both the selection and retention process. Since 2010, increasingly strident and frequent political attacks on state supreme court justices facing judicial-merit retention […]

Vitaliy Kats, Because, the Internet: The Limits of Online Campaign Finance Disclosure

During the 2011–2012 election cycle, Shaun McCutcheon contributed $33,088 to sixteen different candidates for federal office.  McCutcheon’s donations complied with the base limits the Federal Election Commission (FEC) set for contributions to individual candidates.McCutcheon wanted to contribute more but was barred by the FEC’s aggregate limit on contributions.In June of 2012, McCutcheon and the Republication […]

Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow

There was something unreal about the opinions in McCutcheon v. FEC. These opinions examined a series of strategies for circumventing the limits on contributions to candidates imposed by federal election law, but they failed to notice that the limits were no longer breathing. The D.C. Circuit’s decision in SpeechNow.org v. FEC had created a far […]

Chad Flanders, Election Law Behind a Veil of Ignorance

Election law struggles with the question of neutrality, not only with its possibility—can election rules truly be neutral between parties?—but also with its definition. What does it mean for election laws to be ―neutral‖? This Article examines one form of election law neutrality, found in what it terms ―veil of ignorance rules.‖ Such rules are […]