Guide · Election Law
Election Law: A Comprehensive Guide to Voting Rights, Redistricting, and Campaign Finance
52 U.S.C. § 20501
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-04-04
- Topic
- Election Law
Election law is the law of democracy — the rules that decide who may vote, whose votes count equally, how district lines are drawn, and who may spend money to persuade. This UpLaw guide maps the whole field: the surprising absence of a general federal right to vote and the structural power the Elections Clause gives Congress and the states; voter qualification, registration, the NVRA and HAVA, and the Anderson-Burdick sliding scale that governs voter-ID and other ballot-access burdens; the Voting Rights Act in both of its modes — vote denial after Brnovich and vote dilution under the Thornburg v. Gingles preconditions — and Section 5's dormancy after Shelby County. It then works through redistricting from one person, one vote to the Shaw racial-gerrymandering line and its unresolved tension with Section 2 compliance, the nonjusticiability of partisan gerrymandering after Rucho, the state-court path that Rucho left open, and what Moore v. Harper did and did not do to the independent state legislature theory. The campaign finance half traces Buckley's contribution-expenditure distinction through Citizens United, SpeechNow, and McCutcheon, explains super PACs, 501(c)(4)s, and the coordination rules that actually decide cases, and describes the FEC's deadlock-by-design enforcement structure. A running hypothetical — a new congressional map in the fictional State of Calumet and a candidate's independent-expenditure problem — grounds each doctrine, and the guide closes with the post-election litigation landscape after Bush v. Gore and the Electoral Count Reform Act.
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