Author: Edward B. Foley Publisher: Aspen Publishing ISBN: 1543823424 Category : Law Languages : en Pages : 1103
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Election Law and Litigation: The Judicial Regulation of Politics
Author: David Schultz Publisher: Taylor & Francis ISBN: 0429686943 Category : Law Languages : en Pages : 370
Book Description
Governments need rules, institutions, and processes to translate the will of the people into functioning democracies. Election laws are the rules that make that happen. Yet across the world various countries have crafted different rules regarding how elections are conducted, who gets to vote, who is allowed to run for office, what role political parties have, and what place money has in the financing of campaigns and candidates. The Routledge Handbook of Election Law is the first major cross-national comparative reference book surveying the electoral practices and law of the major and emerging democracies across the world. It brings together the leading international scholars on election law and democracy, examining specific issues, topics, or the regions of the world when it comes to rules, institutions, and processes regarding how they run their elections. The result is a rich volume of research furthering the legal and political science knowledge about democracies and the challenges they face. Scholars interested in election law and democracy, as well as election officials, will find the Routledge Handbook of Election Law an essential reference book.
Author: Landmark Publications Publisher: Independently Published ISBN: Category : Languages : en Pages : 536
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues stemming from election law. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. The timing of election litigation matters. "[A]ny claim against a state electoral procedure must be expressed expeditiously." Fulani v. Hogsett, 917 F.2d 1028, 1031 (7th Cir. 1990) (citing Williams v. Rhodes, 393 U.S. 23, 34-35, 89 S.Ct. 5, 21 L.Ed.2d 24 (1968)). The Supreme Court underscored this precise point in [. . .] Republican Nat'l Comm. v. Democratic Nat'l Comm., ___ U.S. ___, 140 S. Ct. 1205, 1207, 206 L.Ed.2d 452 (2020). The Court's direction was clear: federal courts should avoid announcing or requiring changes in election law and procedures close in time to voting. Doing so risks offending principles of federalism and reflects an improper exercise of the federal judicial power. Even more, belated election litigation risks giving voters "incentive to remain away from the polls." Purcell v. Gonzalez, 549 U.S. 1, 5, 127 S.Ct. 5, 166 L.Ed.2d 1 (2006); see also Crookston v. Johnson, 841 F.3d 396, 398 (6th Cir. 2016) ("Call it what you will-- laches, the Purcell principle, or common sense--the idea is that courts will not disrupt imminent elections absent a powerful reason for doing so."). On this reasoning, we have rejected as late claims brought too close in time before an election occurs. See Democratic Nat'l Comm. v. Bostelmann, 977 F.3d 639, 642 (7th Cir. 2020); Jones v. Markiewicz-Qualkinbush, 842 F.3d 1053, 1060-62 (7th Cir. 2016); Navarro v. Neal, 716 F.3d 425, 429 (7th Cir. 2013). The same imperative of timing and the exercise of judicial review applies with much more force on the back end of elections. Before a court can contemplate entering a judgment that would void election results, it "must consider whether the plaintiffs filed a timely pre-election request for relief." Gjersten v. Bd. of Election Comm'rs, 791 F.2d 472, 479 (7th Cir. 1986) (emphasis added) (footnote omitted). Trump v. Wisconsin Elections Com'n, 983 F. 3d 919 (7th Cir. 2020)
Author: Benjamin E. Griffith Publisher: American Bar Association ISBN: 9781590319727 Category : Election law Languages : en Pages : 420
Book Description
This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.
Author: Richard Hasen Publisher: NYU Press ISBN: 0814736912 Category : Law Languages : en Pages : 239
Book Description
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.
Author: Daniel P. Tokaji Publisher: West Academic Publishing ISBN: 9780314268471 Category : Election law Languages : en Pages : 0
Book Description
Election law is a dynamic and quickly growing field that has garnered enormous public interest. It is a subject of great practical importance to lawyers and law students, with increasing litigation and several important decisions from the Supreme Court in recent years. Tokaji's Election Law in a Nutshell provides a succinct and thorough description of the law governing voting rights, elections, and the political process in the United States. The topics addressed include the fundamental right to vote, gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers the constitutional law in these areas, including rights of free speech and equal protection, as well as the Voting Rights Act and other essential statutes. It addresses Shelby County v. Holder and other cases from the 2012-13 Supreme Court Term.
Author: Edward B. Foley
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Author: Joshua A. Douglas
Author: David Schultz
Author: Landmark Publications
Author: Benjamin E. Griffith
Author: Richard Hasen
Author: United States
Author: Daniel P. Tokaji