Election Law

Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions, including Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder. This Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include “one person, one vote,” gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell examines U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It covers cases decided through the 2022-23 Supreme Court term, including Allen v. Milligan (on the Voting Rights Act) and Moore v. Harper (on the independent state legislature theory).

One of the most dynamic fields in the legal academy now has its own Stories book. This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume's thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the graduate and undergraduate levels.

This text covers statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights. New to the 2nd Edition: coverage through the Supreme Court's June 2019 decisions, including partisan gerrymandering, court deference to agency interpretations, and the litigation over a citizenship question on the 2020 census; updated discussion of textualist methods of statutory interpretation following the death of Justice Scalia and the arrival of Justices Gorsuch and Kavanaugh; consideration of how increased political polarization shapes the legislative process and judicial review of legislation; and updated material on campaign finance and voting rights.

This treatise explains election-law doctrine while also introducing the theoretical concerns that underlie the debates. Readers will come away from Understanding Election Law and Voting Rights knowing not only the holdings of cases and the meanings of important statutes, such as the Voting Rights Act, but they will also understand the contending views of free speech, equality, judicial authority, and political fairness that are present throughout the field. It takes readers through the electoral process, beginning with the right to vote and continuing through the election itself. Along the way, the authors provide thorough explanations of manifold topics, including Congress's power to protect voting rights, the use of race in districting, political gerrymandering, political parties' rights, the place of third parties, free speech and the First Amendment rights to participate in campaigns and run for office, campaign-finance regulation, vote-counting, and the role of courts in adjudicating disputes about political power and challenges to election "irregularities."