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During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.
This casebook offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. Features: Tightly-edited cases Useful notes that help serve as classroom discussion tools Up-to-date with the most recent Supreme Court and lower court decisions, including Shelby County (invalidating part of the Voting Rights Act) and lower court litigation involving the 2012 election
- Voter fraud is the "intentional corruption of the electoral process by the voter." This definition covers knowingly and willingly giving false information to establish voter eligibility, and knowingly and willingly voting illegally or participating in a conspiracy to encourage illegal voting by others. All other forms of corruption of the electoral process and corruption committed by elected or election officials, candidates, party organizations, advocacy groups or campaign workers fall under the wider definition of election fraud. - Voter fraud is extremely rare. At the federal level, records show that only 24 people were convicted of or pleaded guilty to illegal voting between 2002 and 2005, an average of eight people a year. The available state-level evidence of voter fraud, culled from interviews, reviews of newspaper coverage and court proceedings, while not definitive, is also negligible. - The lack of evidence of voter fraud is not because of a failure to codify it. It is not as if the states have failed to detail the ways voters could corrupt elections. There are hundreds of examples drawn from state election codes and constitutions that illustrate the precision with which the states have criminalized voter and election fraud. If we use the same standards for judging voter fraud crime rates as we do for other crimes, we must conclude that the lack of evidence of arrests, indictments or convictions for any of the practices defined as voter fraud means very little fraud is being committed. - Most voter fraud allegations turn out to be something other than fraud. A review of news stories over a recent two year period found that reports of voter fraud were most often limited to local races and individual acts and fell into three categories: unsubstantiated or false claims by the loser of a close race, mischief and administrative or voter error. - The more complex are the rules regulating voter registration and voting, the more likely voter mistakes, clerical errors, and the like will be wrongly identified as "fraud." Voters play a limited role in the electoral process. Where they interact with the process they confront an array of rules that can trip them up. In addition, one consequence of expanding voting opportunities, i.e. permissive absentee voting systems, is a corresponding increase in opportunities for casting unintentionally illegal ballots if administrative tracking and auditing systems are flawed. - There is a long history in America of elites using voter fraud allegations to restrict and shape the electorate. In the late nineteenth century when newly freed black Americans were swept into electoral politics, and where blacks were the majority of the electorate, it was the Democrats who were threatened by a loss of power, and it was the Democratic party that erected new rules said to be necessary to respond to alleged fraud by black voters. Today, the success of voter registration drives among minorities and low income people in recent years threatens to expand the base of the Democratic party and tip the balance of power away from the Republicans. Consequently, the use of baseless voter fraud allegations for partisan advantage has become the exclusive domain of Republican party activists
American political parties have long existed in a gray area of constitutional law because of their uncertain status. Parties in this country are neither fully public nor fully private entities. This constitutional ambiguity has meant that political parties are considered private organizations for some purposes and public ones for others. This “public-private entity” problem has arisen in many different legal contexts over the years. However, given their case-by-case method of judicial review, courts have typically dealt with only very discrete parts of this larger problem. This work is an endeavor to describe and analyze the constitutional status of political parties in this country by synthesizing the best judicial and scholarly thinking on the subject. In the final chapter, I draw on these ideas to propose my own scheme for how political parties might be best accommodated in a democracy.
Americans take for granted that ours is the very model of a democracy. At the core of this belief is the assumption that the right to vote is firmly established. But in fact, the United States is the only major democratic nation in which the less well-off, the young, and minorities are substantially underrepresented in the electorate. Frances Fox Piven and Richard A. Cloward were key players in the long battle to reform voter registration laws that finally resulted in the National Voter Registration Act of 1993 (also known as the Motor Voter law). When Why Americans Don't Vote was first published in 1988, this battle was still raging, and their book was a fiery salvo. It demonstrated that the twentieth century had witnessed a concerted effort to restrict voting by immigrants and blacks through a combination of poll taxes, literacy tests, and unwieldy voter registration requirements. Why Americans Still Don't Vote brings the story up to the present. Analyzing the results of voter registration reform, and drawing compelling historical parallels, Piven and Cloward reveal why neither of the major parties has tried to appeal to the interests of the newly registered-and thus why Americans still don't vote.