Showing papers in "Election Law Journal in 2017"
TL;DR: In this article, the authors review five proposed standards for curbing gerrymandering and conclude that, among the five proposals, an equal vote weight standard offers the best prospects for identifying the form of unconstitutional gerrymander that all but ensure one party is relegated to perpetual minority status.
Abstract: Courts have found it difficult to evaluate whether redistricting authorities have engaged in constitutionally impermissible partisan gerrymandering The knotty problem is that no proposed standard has found acceptance as a convincing means for identifying whether a districting plan is a partisan gerrymander with knowable unconstitutional effects We review five proposed standards for curbing gerrymandering We take as our perspective how easily manageable and effective each would be to apply at the time a redistricting authority decides where to draw the lines or, post hoc, when a court is asked to decide whether an unconstitutional gerrymander has been enacted We conclude that, among the five proposals, an equal vote weight standard offers the best prospects for identifying the form of unconstitutional gerrymanders that all but ensure one party is relegated to perpetual minority status
34 citations
TL;DR: The academic literature has generally found the effect of money on election outcomes to be marginal as discussed by the authors, and this is likely because they have looked in the wrong places, and the literature has yet to...
Abstract: The academic literature has generally found the effect of money on election outcomes to be marginal. This is likely because they have looked in the wrong places. The literature has yet to ...
20 citations
TL;DR: In this paper, the relationship between political geography and the electoral bias of a districting plan, as measured by the efficiency gap, is analyzed in a statistically rigorous manner using computer simulations of the legislative redistricting process.
Abstract: This article illustrates how the relationship between political geography and the electoral bias of a districting plan, as measured by the efficiency gap, can be analyzed in a statistically rigorous manner using computer simulations of the legislative redistricting process. By generating a large number of different districting plans designed to optimize on traditional redistricting criteria, the computer simulation process demonstrates the range of districting plans that would likely emerge from a neutral, non-gerrymandered process. Courts and litigants can then draw inferences by comparing the efficiency gap of an enacted districting plan against this range of simulated plans. I use this method to illustrate how Wisconsin's Act 43 created an Assembly districting plan with an extreme, Republican-favoring efficiency gap that would not have been possible under a map-drawing process that prioritizes traditional redistricting criteria.
18 citations
TL;DR: The success of a democratic election greatly depends on poll workers as mentioned in this paper, however, our knowledge of citizen engagement in the organization of elections is still limited, and our knowledge is limited.
Abstract: The success of a democratic election greatly depends on poll workers. However, our knowledge of citizen engagement in the organization of elections is still limited. This article studies t...
12 citations
TL;DR: In this paper, the ideal fair outcome in a two-party single member district system when the statewide vote is not equally divided is examined, and the best choice is fundamentally determined by the degree of geographical heterogeneity of voters of like mind.
Abstract: Partisan unfairness is easily detected when the statewide vote is equally divided between two parties. But when the vote is not evenly divided, even the determination of which party is disfavored becomes controversial. This article examines the ideal fair outcome in a two party single member district system when the statewide vote is not equally divided. It is shown that equal voter empowerment, implied by readings of the First Amendment (Shapiro v. McManus and Whitford v. Nichol), requires that the fraction of seats be proportional to the fraction of the statewide vote. However, strict proportionality conflicts with the single member district system, so alternative approaches are explored. Generalized party inefficiency and voter effectiveness are defined and shown to encompass many possibilities for an ideal fair seats-votes function. The best choice is fundamentally determined by the degree of geographical heterogeneity of voters of like mind. Based upon historical election results, it appears...
12 citations
TL;DR: In this article, a multivariate analysis covering data from the early 1990s to 2010 shows that bans on direct contributions from corporations and labor unions redefined bias in state campaign finance systems.
Abstract: In the campaign finance system in the U.S., organizations representing business and upper income actors numerically dominate those representing the middle class and the poor, raising the concern that policy outcomes are skewed toward the wealthy. Some campaign finance regulations are specifically designed to alter the mobilization of organized interests, yet we have limited knowledge of whether these laws actually work as intended. In this article I take advantage of variation in state campaign finance laws to examine how laws banning and regulating corporate and labor campaign contributions and expenditures shape the mobilization of upper class actors (i.e., business groups and professional associations) and labor groups, and ultimately “bias” in the U.S. states. Descriptively, I demonstrate that bias in state campaign finance systems is substantial. The multivariate analysis covering data from the early 1990s to 2010 shows that bans on direct contributions from corporations and labor unions red...
7 citations
TL;DR: McGhee's criticisms of our effort to establish a standard for detecting packing gerrymanders sometimes misapprehends and other times misunderstands the proper evaluatio....
Abstract: We explain why Eric McGhee's criticisms of our effort to establish a standard for detecting packing gerrymanders sometimes misapprehends and other times misunderstands the proper evaluatio...
7 citations
TL;DR: The authors argues that the current regime under President Abdel Fatah Sisi has established a military electoral authoritarian state with a non-dominant party electoral system, and that the new election laws perpetuate a fragmented, depoliticized parliament wherein no mobilized opposition can take shape to challenge the military state.
Abstract: This article argues that the current regime under President Abdel Fatah Sisi has established a military electoral authoritarian state with a non-dominant party electoral system. Coupled with Egypt's long tradition of nepotism, cronyism, and patronage networks, the new election laws perpetuate a fragmented, depoliticized parliament wherein no mobilized opposition can take shape to challenge the military state. The cause of Egypt's current depoliticization, however, is not a weak central party beholden to the presidency—as was the case under Sadat and Mubarak—but rather hundreds of rent-seeking parliamentarians with no party affiliation. Sisi intentionally structured the parliament to consist of over 400 individual, self-interested actors vulnerable to bribery or coercion to keep them depoliticized and compliant. This strategy facilitates purging any parliamentary figures who emerge to challenge executive power.
6 citations
TL;DR: After the federal elections of June 13, 2010, it took Belgian politicians 541 days to agree on a new state reform and to form a government as mentioned in this paper, which was the longest government formation period in the world.
Abstract: After the federal elections of June 13, 2010, it took Belgian politicians 541 days to agree on a new state reform and to form a government. On December 6, 2011, the government of Prime Minister Di Rupo took the oath. As a result, Belgium became holder of the (unofficial) world record of longest government formation period. The Flemish right-wing nationalist party (N-VA) convincingly won the elections in Dutch-speaking Flanders, while the Socialist Party (PS) acquired most votes in French-speaking Wallonia. After negotiations of nearly 18 months, the negotiating parties reached the Butterfly Agreement on the Sixth State Reform of October 11, 2011. This State Reform, inter alia, includes a transfer of powers of approximately 20 billion euros from the federal level to the level of the federated states (i.e., the regions and communities); a substantial increase of fiscal autonomy for the regions; a reform of the Senate including an abolition of its direct election; a decision to principally hold coin...
6 citations
TL;DR: In this article, the authors suggest that their conclusions are premature because they do not offer a clear idea of what unfairness in redistricting means nor a sophisticated discussion of the mechanics of each measure.
Abstract: In this volume, Best and coauthors evaluate a series of measures of gerrymandering and conclude that some should be preferred over others. In this rejoinder, I suggest that their conclusions are premature because they do not offer a clear idea of what unfairness in redistricting means nor a sophisticated discussion of the mechanics of each measure. As such, their evaluations are inconsistent and sometimes factually inaccurate. Their analysis probably obscures more than it clarifies.
6 citations
TL;DR: This article analyzes a surge of tweets about electoral fraud at the time of the Scottish independence referendum of 2014 to ascertain whether this online activity reflected actual offline fraud observed by the social media users, a concerted effort to undermine confidence in electoral administration, or a collective delusion.
Abstract: Online discussions of electoral fraud are becoming an increasingly important aspect of the electoral landscape in many contexts, as cyberspace is one of the few places where concerns about...
TL;DR: The history of the Millionaire's Amendment, a short-lived provision of campaign finance law that played a significant role in Barack Obama's successful 2004 Senate campaign, is discussed in this paper, where the authors argue that beyond the Amendment's role in that single, fateful race, it provides a useful test case for examining competing paradigms for regulating money in politics.
Abstract: This piece excavates the history of the Millionaire's Amendment, a short-lived provision of campaign finance law that played a significant role in Barack Obama's successful 2004 Senate campaign. It argues that beyond the Amendment's role in that single, fateful race, it supplies a useful test case for examining competing paradigms for regulating money in politics.
TL;DR: The authors examine controversies over the use of referenda and plebiscites for constitutional reform in Australia and conclude that referenda should be part of the constitutional reform process, and discuss legal norms raising distinctive considerations as to whether and when public voting should precede reform.
Abstract: In this article I examine controversies over the use of referenda and plebiscites for constitutional reform. My chief example is a recent development toward plebiscitary democracy in Australia. Although there is no legal requirement in Australia for a popular vote to legalize same-sex marriage, the federal government has considered holding such a vote. Marriage rights provide a key example in which the normative case for direct democratic constitutional reform remains unsettled, and indeed controversial. I rely on deliberative democratic theory to conclude that referenda and plebiscites generally should be part of constitutional reform processes. I nuance this conclusion by outlining categories of legal norms raising distinctive considerations as to whether and when public voting should precede constitutional reform.
TL;DR: This paper examined the foundations of public opinion about campaign finance issues that emerged in the wake of the 2010 U.S. Supreme Court decision in Citizens United and found that political predispositions, including party identification, political ideology, external political efficacy, trust in corporations, and political interest/attention, predicted individuals' opinions.
Abstract: Those seeking to influence campaign finance policy often invoke public opinion to support their legal and policy arguments. Thus, an understanding of the factors that explain citizens' views about the topic can help illuminate the political landscape surrounding it. This study examines the foundations of public opinion about campaign finance issues that emerged in the wake of the 2010 U.S. Supreme Court decision in Citizens United. An analysis of original data from a national survey found that political predispositions—including party identification, political ideology, external political efficacy, trust in corporations, and political interest/attention—predicted individuals' opinions, as did use of the Fox News cable channel and satirical television news programs. The results speak to how a range of actors may shape and capitalize on the nature of public opinion here.
TL;DR: In this article, the authors present an updated and systematic description of the institutions of electoral justice in all the presidential democracies around the world (19 countries in the Americas, eight in Africa, and four in Asia), based on an analysis of the accumulated total of 966 years of electoral legislation.
Abstract: While electoral management bodies have received an increasing amount of scholarly consideration recently, less attention has been paid to the institutions in charge of imparting electoral justice. These institutions are an integral column of the system of electoral integrity and the final check for achieving credible elections. This article offers an updated and systematic description of the institutions of electoral justice in all the presidential democracies around the world (19 countries in the Americas, eight in Africa, and four in Asia), based on an analysis of the accumulated total of 966 years of electoral legislation. I have traced the evolution of the institutions adjudicating election disputes from the time of the constitutional change immediately prior to the first democratic election in each of these presidential democracies following the start of the third wave of democracy in 1974. Contrary to the idea that specialized electoral courts are better suited than supreme courts for resol...
TL;DR: An entanglement between economic and political thought stands as a causal factor behind Trump's 2016 victory as discussed by the authors, and this way of thinking allows wealth to be transferred to the elite.
Abstract: An entanglement between economic and political thought stands as a causal factor behind Trump's 2016 victory. Enshrined as constitutional law, this way of thinking allows wealth, whether a...
TL;DR: The authors proposes a more nuanced conception of the relationship between money and speech than courts or commentators have typically employed, suggesting that money can act to facilitate the creation, provision, or amplification of speech in various social contexts.
Abstract: Supreme Court doctrine assumes that limits on political spending threaten Free Speech but does not adequately address the precise relationship of money to speech or the precise harms the Court seeks to avoid. The result has been a money-in-politics jurisprudence steeped in fear and speculation rather than focused on the best ways to both facilitate robust political speech and protect the equal citizenship at the core of our democracy. This article takes potential threats to free expression seriously by defining dangers with particularity and suggesting the proper role of courts in safeguarding against them. To facilitate this inquiry, the article proposes a more nuanced conception of the relationship between money and speech than courts or commentators have typically employed, suggesting that money can act to facilitate the creation, provision, or amplification of speech in various social contexts.
TL;DR: In this article, European and Canadian political scientists who had been invited to give their opinion about the electoral system of their country, and who engaged with politicians, public officials, and national media on the topic, talk about their experience as national experts.
Abstract: In 2013, the American Political Science Association (APSA) Task Force on Political Science, Electoral Rules, and Democratic Governance released a report in which the authors say that more than 50 U.S.-based political scientists have been involved in electoral reform processes in the U.S. and abroad since 2010 (Htun and Powell 2013). In this symposium, we give new insights to this topic by offering a view from the outside of the U.S. European and Canadian political scientists who had been invited to give their opinion about the electoral system of their country, and who engaged with politicians, public officials, and national media on the topic, talk about their experience as national experts. They answer two related questions: (1) What do political scientists know about electoral reform that practitioners do not? and (2) Does it make a difference? This symposium gathers their respective contributions to the roundtable. In this introduction, we give a brief overview of the literature on the role o...
TL;DR: The current formula for judging campaign finance restrictions takes limits on money in politics to be burdens on freedom of speech that can only be justified if they are shown to be narrow.
Abstract: The current formula for judging campaign finance restrictions takes limits on money in politics to be burdens on freedom of speech that can only be justified if they are shown to be narrow...
TL;DR: In this paper, the authors highlight some distinctive aspects of election law litigation and show how they have manifested themselves in a landmark partisan gerrymandering lawsuit in which they have been involved.
Abstract: American election law litigation is unique in many ways. In this short essay, I highlight some of its distinctive aspects and show how they have manifested themselves in a landmark partisan gerrymandering lawsuit in which I have been involved.
TL;DR: In this article, the authors argued that the only government interest important enough to justify limits on big money is the prevention of corruption or its appearance, and that, while contribution limits are justified by this interest, independent expenditure limits are not.
Abstract: Although Buckley v. Valeo purported to subject both contribution and independent expenditure limits to “exacting” scrutiny, contribution limits have since been subjected to a lower level of scrutiny than independent expenditure limits. Contribution limits survive if closely drawn to match a “sufficiently important” government interest. Meanwhile, limits on independent expenditures must be narrowly tailored to a “compelling” government interest. The Court has insisted that the only government interest important enough to justify limits on big money is the prevention of corruption or its appearance, and that, while contribution limits are justified by this interest, independent expenditure limits are not. By holding there is no good reason to limit what individuals can spend on elections, the Court has subjected independent expenditure limits to something more like super-strict scrutiny, condemning them to a strong presumption of unconstitutionality regardless of how high the limit. This article ma...
TL;DR: In this article, the authors explore the relationship between money and politics and find that deep political inequalities and biased pluralism may threaten democratic institutions, and propose new regulations that improve political equality.
Abstract: Conventional research strategies to explore the relationship between money and politics have found little evidence of rampant political corruption. Newer perspectives on money and politics, however, suggest that deep political inequalities and biased pluralism may threaten democratic institutions. The presidential transition phase offers a case study in how an unregulated political process may result in unequal policy outcomes. This case suggests that new regulations might improve political equality and justify the development of a new legal theory focused on the relationship between money and politics.