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Election Law @ Moritz

Election Law @ Moritz


Sandy Colloquy

This is a colloquy concerning the response to Hurricane Sandy

Sandy Colloquy 1: Could Election Day Be Washed Out?

Could Election Day be washed out? With Hurricane Sandy and Election Day upon us, this perfect storm could lead to a very imperfect election.

Hurricane Sandy has the potential to disrupt elections in key swing states. It is already affecting Virginia and its future path could wreak havoc in New Hampshire or Ohio and other states with close congressional races.

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Sandy Colloquy 2: Can Paper Save Election Day from Sandy?

This comment is part of a colloquy initiated by John Fortier's thoughts on the potential implications of Hurricane Sandy for this year's election.

John raises important questions, both about how to handle the electoral implications of Hurricane Sandy specifically and also more broadly about how states and the federal government can better prepare for future emergencies that disrupt voting on Election Day.

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Sandy Colloquy 3: Unintended Consequences

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here.]

The winds are still blowing here in Virginia, so the question of how the storm might affect our election is a live one. Ned Foley, as he often does, has deepened the discussion of this question, and he has turned our focus to the exact issue at hand.

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Sandy Colloquy 4: Hurricane Sandy, the 2012 Election, and Some Room for Compromise

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here; read John Fortier's second post here.

National disasters bring the country together. In the aftermath of the shooting at a "Congress on Your Corner" event featuring Representative Gabby Giffords in Tucson, Arizona, the United States reflected on our politics and civil discourse. Indeed, just two weeks later Members of Congress sat next to their political opponents at the State of the Union address to exhibit a sense of bipartisanship. The country demonstrated similar rallying behind President George W. Bush after the terrorist attacks of September 11, 2001.

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Sandy Colloquy 5: Making Every Effort to Vote On-time

If modern American political history is any guide, every effort will be made to conduct the election on its regularly scheduled date in all states affected by Sandy, for the simple reason that the USA (and the world, given the USA's out-sized importance to it since the 1940's) needs to have a result very quickly in order to make a smooth, effective transition possible if the challenger wins. That real-world pressure heavily affected the Bush v. Gore litigation's resolution. And so unless conditions are truly unworkable, in major metro areas especially, I expect the election to go forward on Nov. 6th, even if the results are messy in the sense that some voters don't show up for weather-related reasons and some machines fail and voters are asked to fill out paper ballots for that reason.

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Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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