David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In 2008, for the first time, advocates sought to preemptively litigate the harm wrought by excessive lines at the polls, before they materialized. This Article examines the development of pre-election litigation to remedy an excessive wait, and finds much in the approach to inform the standards for guiding litigation to confront election day burdens more generally. It first explores the burdens that excessively long lines may impose, and then reviews past attempts to address those burdens, including those of the 2008 cycle. It then analyzes the doctrinal standards applied to this litigation, including thorny jurisprudential questions involving the appropriate timing for bringing election claims, the assessment of burden, the means to measure whether the cause of that burden is tailored to state interests, the use of predictive evidence, and the means to assess the appropriate remedies for constitutional election violations. The Article concludes that the approach to the preemptive resolution of litigation over lengthy lines may prove productive for informing pre-Election Day litigation concerning many other forms of predictable Election Day burden.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
R. W. Macan (1892). Headlam's Election by Lot at Athens Election by Lot at Athens, by James Wycliffe Headlam, M.A. (Fellow of King's College). Cambridge: 1891. Cr. 8vo. Pp. Xx. 195. 2s. 6d. [REVIEW] The Classical Review 6 (1-2):60-62.
Timothy J. White (2010). Change and Continuity in Irish Politics: The General Election of 2007. The European Legacy 15 (3):341-352.
A. W. Gomme (1934). Election by Lot J. W. Headlam (Sir J. Headlam-Morley): Election by Lot at Athens. Second Edition, Revised by D. C. Macgregor. Pp. Xxvi + 215. Cambridge: University Press, 1933. Cloth, 7s. 6d. Net. [REVIEW] The Classical Review 48 (02):64-.
Herbert A. Simon (1982). Election Predictions: Reply. Inquiry 25 (3):361 – 364.
Sheri Berman (2011). Social Democracy and the Creation of the Public Interest. Critical Review 23 (3):237-256.
Nkeonye Otakpor (1988). "Election Tribunals, Election Petitions and Justice. Journal of Social Philosophy 19 (3):20-30.
Added to index2009-05-07
Total downloads2 ( #345,485 of 1,098,984 )
Recent downloads (6 months)1 ( #287,052 of 1,098,984 )
How can I increase my downloads?