When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000
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Two chapters from the authors' law school casebook, The Law of Democracy: Legal Structures of the Political Process (2d ed. 2001), have been modified in order to stand alone. The chapters address the judicial and political remedial structures, state and federal, for resolving election disputes in the United States. Significant portions of the material examine the state and federal dimensions of the litigation of the 2000 presidential election in Florida, while remaining sections examine more general material on election disputes. Annotation c. Book News, Inc., Portland, OR Booknews Two chapters from the authors' law school casebook, (2d ed. 2001), have been modified in order to stand alone. The chapters address the judicial and political remedial structures, state and federal, for resolving election disputes in the United States. Significant portions of the material examine the state and federal dimensions of the litigation of the 2000 presidential election in Florida, while remaining sections examine more general material on election disputes. Annotation c. Book News, Inc., Portland, OR (booknews.com)
ForewordiChapter 1The Federal Interest in Election Procedures1A.State Elections21.Lack of Sufficient Federal Interest32.Sufficient Federal Interests5Roe v. State of Alabama6Notes on the Procedural Posture and Aftermath of the Roe Litigation10Notes and Questions11B.Distinct Federal Interests in National Elections: U.S. House and Senate Elections19C.Distinct Federal Interests in National Elections: Presidential Elections221.The Electoral College232.Article II and the Role of State Legislatures243.The Electoral Count Act of 188725Chapter 2The State Interest in Federal Elections27Palm Beach County Canvassing Board v. Harris29Notes and Questions39Chapter 3The U.S. Supreme Court's Decisions44A.The Federal Interest Potentially Asserted44Bush v. Palm Beach County Canvassing Board44Notes and Questions481.Article II and the "Independent State Legislature Doctrine"49McPherson v. Blacker49Notes and Questions542.Of "Safe Harbors" and the Electoral Count Act58B.The Final Florida Court Decision and the United States Supreme Court Stay60Bush v. Gore61C.The Federal Interest Decisively Asserted63Bush v. Gore63Notes and Questions851.The Constitutional Right to Vote and the Equal Protection Clause852.The Application of the Right to Vote and Equal Protection in Bush v. Gore873.Substantive Due Process and the Right to Vote934.The Federal Interest in State Judicial Interpretation of State Laws Regulating Presidential Elector Selection96Chapter 4Eight Views of the Cathedral98Chapter 5The Timing of Federal Court Intervention107Growe v. Emison108Notes and Questions111Siegel v. LePore116Notes and Questions127Chapter 6Remedial Possibilities for Defective Elections129A.Ordering a New Election129Bell v. Southwell129Notes and Questions133B.Enjoining an Upcoming Election137Chisom v. Roemer137Notes and Questions143C.Adjusting the Vote Totals145In re the Matter of the Protest of Election Returns149Notes and Questions152D.Permanently Enjoining a Particular Election Practice159E.Damages164Wayne v. Venable166Notes and Questions168Hutchinson v. Miller169Notes and Questions177F.Criminal Prosecution177Documentary Appendix180Selected Provisions of the U.S. Constitution180The Electoral Count Act188Selected Sections of the Voting Rights Act of 1965193Selected Provisions of the Florida Election Code195
