Edward B. Foley | January 15, 2025 | Election Administration
Below is the abstract for “The Real Preference of Voters,” available for download on SSRN. Madisonian democracy, as James Madison himself propounded it and as it has subsequently become to be practiced in the United States, has been viewed as different from the...
Richard Briffault | June 28, 2022 | Election Administration
Below is the abstract for “Election Law Localism and Democracy,” available for download on SSRN. American federal and state elections are largely run by local officials. Although election law is almost entirely determined by the federal government and the states,...
Jennifer Morinigo | April 4, 2022 | Election Administration
At the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological...
Edward B. Foley | September 2, 2021 | Election Administration
Below is the abstract for “Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism,” available for download on SSRN. Congress should enact a law requiring a candidate for a seat in Congress to receive a majority of votes in...
Madison Bessho | August 25, 2021 | Election Administration
The University of California, Irvine School of Law has launched the Fair Elections and Free Speech Center. Dedicated to “advancing an understanding of, and offering means to counter, threats to the stability and legitimacy of democratic governments exacerbated by the...
Richard L. Hasen | February 24, 2021 | Election Administration
This article was originally published by SCOTUSblog.com on Feb 22, 2021. View the original post here. Brnovich v. Democratic National Committee is a strange voting rights case. Rather than the typical case, in which a voting rights group representing minority voters...