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An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
In the United States, politics functions within a framework of a constitutional federal republic and presidential system, with three distinct branches that share powers: the U.S. Congress which forms the legislative branch, a bicameral legislative body comprising the House of Representatives and the Senate; the executive branch, which is headed by the president of the United States, who serves as the country's head of state and government; and the judicial branch, composed of the Supreme Court and lower federal courts, and which exercises judicial power.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, convinced that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of rival candidates, or both. It differs from but often goes hand-in-hand with voter suppression. What exactly constitutes electoral fraud varies from country to country, though the goal is often election subversion.
In political science, voter turnout is the participation rate of a given election. This is typically either the percentage of registered voters, eligible voters, or all voting-age people. According to Stanford University political scientists Adam Bonica and Michael McFaul, there is a consensus among political scientists that "democracies perform better when more people vote."
Voting rights, specifically enfranchisement and disenfranchisement of different groups, has been a moral and political issue throughout United States history.
Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management bodies, election campaign, the division of the territory into electoral zones, the procedures for the registration of voters and candidacies, its financing and propaganda, voting, counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived from them. It is a discipline falling at the juncture of constitutional law and political science, and involves "the politics of law and the law of politics".
In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
Voter suppression is a strategy used to influence the outcome of an election by discouraging or preventing specific groups of people from voting. It is distinguished from political campaigning in that campaigning attempts to change likely voting behavior by changing the opinions of potential voters through persuasion and organization, activating otherwise inactive voters, or registering new supporters. Voter suppression, instead, attempts to gain an advantage by reducing the turnout of certain voters. Suppression is an anti-democratic tactic associated with authoritarianism.
The American Center for Voting Rights (ACVR) was a non-profit organization founded by Mark F. "Thor" Hearne that operated from March 2005 to May 2007 and pushed for laws to reduce voter intimidation and voter fraud, and supported requiring photo ID for voters.
Electoral reform in the United States refers to efforts to change American elections and the electoral system used in the United States.
Richard L. Hasen is an American legal scholar and law professor at the University of California, Los Angeles. He is an expert in legislation, election law and campaign finance.
Vieth v. Jubelirer, 541 U.S. 267 (2004), was a United States Supreme Court ruling that was significant in the area of partisan redistricting and political gerrymandering. The court, in a plurality opinion by Justice Antonin Scalia and joined by Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas, with Justice Anthony Kennedy concurring in the judgment, upheld the ruling of the District Court in favor of the appellees that the alleged political gerrymandering was not unconstitutional. Subsequent to the ruling, partisan bias in redistricting increased dramatically in the 2010 redistricting round.
Proposition 14 is a California ballot proposition that appeared on the ballot during the June 2010 state elections. It was a constitutional amendment that effectively transformed California's non-presidential elections from first-past-the-post to a nonpartisan blanket primary. The proposition was legislatively referred to voters by the State Legislature and approved by 54% of the voters. It consolidated all primary elections for a particular office into an election with one ballot that would be identical to all voters, regardless of their party preferences. The two candidates with the most votes in the primary election would then be the only candidates who would run in the general election, regardless of their party affiliation.
Stacey Yvonne Abrams is an American politician, lawyer, voting rights activist, and author who served in the Georgia House of Representatives from 2007 to 2017, serving as minority leader from 2011 to 2017. A member of the Democratic Party, Abrams founded Fair Fight Action, an organization to address voter suppression, in 2018. Her efforts have been widely credited with boosting voter turnout in Georgia, including in the 2020 presidential election, when Joe Biden narrowly won the state, and in Georgia's 2020–21 regularly scheduled and special U.S. Senate elections, which gave Democrats control of the Senate.
Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. The term "gerrymandering" was coined after a review of Massachusetts's redistricting maps of 1812 set by Governor Elbridge Gerry noted that one of the districts looked like a mythical salamander.
McPherson v. Blacker, 146 U.S. 1 (1892), was a United States Supreme Court case decided on October 17, 1892. The case concerned a law passed in Michigan which divided the state into separate congressional districts and awarded one of the state's electoral votes to the winner of each district. The suit was filed by several of these electors chosen in the 1892 election, including William McPherson, against Robert R. Blacker, the Secretary of State of Michigan. It was the first Supreme Court case to consider whether certain methods of states' appointments of their electors were constitutional. The Court, in a majority opinion authored by Chief Justice Melville Fuller, upheld Michigan's law, and more generally gave state legislatures plenary power over how they appointed their electors. The Court held that Article Two of the United States Constitution also constrains the ability of each state to limit the ability of its state legislators to decide how to appoint their electors.
Democratic backsliding in the United States has been identified as a trend at the state and national levels in various indices and analyses. Democratic backsliding is "a process of regime change towards autocracy that makes the exercise of political power more arbitrary and repressive and that restricts the space for public contestation and political participation in the process of government selection".
The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other bodies with legislative power. In June 2023, in the case Moore v. Harper, the Supreme Court ruled in a 6–3 decision that the Elections Clause of the U.S. Constitution does not give state legislatures sole power over elections.
Moore v. Harper, 600 U.S. 1 (2023), is a landmark decision of the Supreme Court of the United States related to independent state legislature theory (ISL), a doctrine that asserts state legislatures have sole authority to establish election laws for federal elections within their respective states without judicial review by state courts, presentment to state governors, and without constraint by state constitutions. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.
References
- ↑ Homer, Rachel; Marsden, Jessica (2023-08-14). "What is election subversion?". Protect Democracy . Retrieved 2024-02-17.
- 1 2 Hasen, Richard L. (April 20, 2022). "Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States". Harvard Law Review (Essay). Retrieved 2023-11-23.
- ↑ Root, Danielle; Kennedy, Liz; Sozan, Michael; Parshall, Jerry (February 12, 2018). "Election Security in All 50 States". Center for American Progress. Retrieved 2022-12-17.
- ↑ Levine, Sam; Pilkington, Ed (2022-10-04). "Democracy, poisoned: America's elections are being attacked at every level". The Guardian. Retrieved 2022-12-23.
- ↑ Griswold, Eliza (2022-10-31). "How Election Subversion Went Mainstream in Pennsylvania". The New Yorker. Retrieved 2022-12-16.
- ↑ Manheim, Lisa Marshall (November 2, 2022). "Forum: Election Law and Election Subversion". The Yale Law Journal . Retrieved 2022-12-17.
- ↑ Hasen, Richard L. (2022-11-02). "The Courts Are the Only Thing Holding Back Total Election Subversion". The Atlantic. Retrieved 2022-12-16.
- ↑ Sweeney Jr., William R.; Vickery, Chad; Ellena, Katherine (September 2, 2016). "Yes, the U.S. presidential election could be manipulated". The Washington Post.
- ↑ Cheeseman, Nic; Klaas, Brian (2018). How to Rig an Election. New Haven: Yale University Press. ISBN 978-0-300-23521-0. OCLC 1033404921.