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Return of a shipment, other than the initial purchase, will not cancel subscribers' subscription. Print Terms and Conditions. View a sample of this title using the ReadNow feature. To purchase a printed version of this title, please visit www. Voting Rights and Election Law is a teachable, yet sophisticated, casebook that takes readers through the law of the political process, from the right to vote through the tabulation and re-tabulation of votes.
Along the way, the book explores and explains the law of districting including gerrymandering and the one-person, one-vote doctrine ; the Voting Rights Act; ballot access and ballot design; free-speech rights of candidates, parties, and ordinary citizens; campaign finance; and the election administration.
This book presents the law of politics in a thorough but understandable way that approaches election law primarily as law rather than as an exercise in political theory. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the text of leading court opinions rather than commentary and competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and to question the empirical assumptions and theoretical premises behind the opinions, paying particular attention to the proper role for the courts in policing politics.
Frequent problems give students and instructors an opportunity to examine how the principles of election law should be applied to realistic situations—reinforcing that election law is not merely a subject of historical or theoretical interest but one that shapes political outcomes year after year. The third edition is the product of a comprehensive review, update, and streamlining of the second. The third edition presents more material more efficiently, and as a result the third edition is both more thorough in its coverage and clearer in its explanations, while being slightly shorter than the second edition.
The book's organization has been rethought and adjusted to make the presentation more effective. The materials on the political-question doctrine have been revised to account for the increased attention that has been given to partisan gerrymanding and to the use of independent districting commissions. Material on congressional power to enact the original Voting Rights Act of has been moved from Chapter 1 to Chapter 3, where it joins the slimmed-down coverage of preclearance, which has declined in significance after Shelby County v.
The examination of the protection for anonymous speech has been combined with the materials on campaign-finance disclosure rules to form a new Chapter 9 that comprehensively considers the tradeoffs between disclosure and anonymity.
Election Registration Board Who may Oppose? Voter, Candidate or Political Party When? Specified Period How Oppose? Not Qualified, Fictitious Appearance? Mandatory if application opposed WWW. Applications already acted upon Where File? Specified Period WWW. Book of Voters per precinct Where File? Comelec When Filed? Elective officials not considered resigned regardless of elective position sought appointive officials considered ipso facto resigned upon filing of certificate of candidacy 2.
Electioneering does not extend to acts of governance, provided no intention to campaign for or against a candidate not all acts of beneficence is considered campaigning 3. News about incumbents not considered campaigning, thus, not covered in caps on campaign media exposure 4.
Governance collaterals and announcements may not be required to be removed since not considered campaigning without intent to campaign 5. Rules of Appreciations favor incumbents no longer applicable in an automated election where names are printed on ballots WWW.
Substitute must be Qualified When? Up to mid-day of election day if withdrawal, on or before December 10, Substitute? Qualified not disqualified and Same Party Limitations: Substituted candidate can still run for other elective positions; Withdrawal not affect liabilities WWW. Petition to Disqualify a Candidate Grounds?
Constitution or Statutes Where File? Comelec Division When File? Before Proclamation Process? Quo Warranto WWW. Petition to Disqualify a Candidate What Offenses? Before Proclamation If Not File? No remedy WWW. The third edition presents more material more efficiently, and as a result the third edition is both more thorough in its coverage and clearer in its explanations, while being slightly shorter than the second edition.
The book's organization has been rethought and adjusted to make the presentation more effective. The materials on the political-question doctrine have been revised to account for the increased attention that has been given to partisan gerrymanding and to the use of independent districting commissions.
Material on congressional power to enact the original Voting Rights Act of has been moved from Chapter 1 to Chapter 3, where it joins the slimmed-down coverage of preclearance, which has declined in significance after Shelby County v. The examination of the protection for anonymous speech has been combined with the materials on campaign-finance disclosure rules to form a new Chapter 9 that comprehensively considers the tradeoffs between disclosure and anonymity.
The coverage of election administration has been thoroughly redesigned to cover all manner of election-day rules in a single chapter that includes examination of legal questions that have arisen as states have adjusted their election laws to account for the COVID pandemic.
This new structure also allows the book to devote attention to the electoral college and to other federal rules that affect the casting and counting of votes, even as elections are administered by state and local officials.
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