Election Law

Why is it that states have primary jurisdiction to regulate electoral contests, but Congress has power to preempt their laws? What should one make of the fact that the U.S. Supreme Court, which historically avoided "the political thicket," presides over an increasing number of election controversies? How does an array of federal statutes, adopted pursuant to the Elections Clause and Reconstruction Amendments, envision executive agencies' role in the implementation and administration of elections? How does direct democracy figure into our system, and are there viable alternatives to the two-party model? This course will cover these and other critical questions by examining select topics in the legal regulation of American elections. We will primarily explore the right to vote, reapportionment and redistricting (including racial and partisan gerrymandering), and campaign finance. But we will also address the fundamental concepts and concerns related to ballot access and the regulation of political parties, recounts, election security, and related controversies stemming from the Constitution, major federal legislation (including the Voting Rights Act), and state law. And while it is not a political philosophy course, it will necessarily draw on theories of democracy as we examine the manner in which law and other forces structure U.S. political participation. At times we may look to real-world examples to better illustrate essential class themes. By the end of the course, you will have a basic understanding--and better appreciation--of the legal doctrine, structure, operation, and history of regulating the behavior of U.S. political actors and the American political process. Students who are interested in election law administration, management, compliance, and litigation are encouraged to take this course.