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Recommended ReadingsIn addition to the materials provided in the Modules section of this resource, we encourage you to utilize the information found in this readings. The information available will be valuable as you consider any pre or post election issues and circumstances not covered within the Modules section of this resource guide. It is recommended that you check this section often as more resources will be posted as they become available. The Untimely Death of Bush v. Gore "When the United States Supreme Court decided Bush v. Gore, ending the controversial recount of presidential votes in Florida and handing the contested 2000 election to George W. Bush over Al Gore, some election law scholars told a “lemonade from lemons” story..." Beyond the Margin of Litigation: Reforming U.S. Election Administration to Avoid Electoral Meltdown "In the 2004 presidential election, the United States came much closer to electoral meltdown, violence in the streets, and constitutional crisis than most people realize. Less than a 2% swing among Ohio voters toward Democratic candidate for President John Kerry and away from incumbent Republican President George W. Bush would have placed the Ohio - and national - election for president well within the margin of litigation, and it would have gotten ugly very quickly." Election Law Blog The law of politics and the politics of law: election law, campaign finance, legislation, voting rights, initiatives, redistricting, and the Supreme Court nomination process The Future of Bush v. Gore? (PDF 493kb) "At the beginning of the Roberts Court, this Article considers three dimensions of the Rehnquist Court’s most famous precedent, examining the precedent’s potential for influencing the development of the law along each of these dimensions." Refining the Bush v. Gore Taxonomy (PDF 80kb) "In a scholar’s career, few accomplishments are as rewarding as when another scholar, especially a longstanding leader in the field, gives one’s work the kind of sustained and thoughtful treatment that Dan Lowenstein has devoted to my taxonomy of potential Bush v. Gore claims." The Analysis and Mitigation of Electoral Errors: Theory, Practice, Policy (PDF 180kb) "Errors will always plague the counting of votes and, periodically, errors will be big enough to undermine the outcome of a close election. Electoral errors, however, need not be as frequent as they currently are or, when they do occur, as threatening to the legitimacy of an election’s result." Uncertain Insurance: The Ambiguities and Complexities of Provisional Voting (PDF 106kb) "Provisional voting is a kind of insurance policy for elections. Its insurance works two ways, protecting against different kinds of risks. First, it protects voters from being disenfranchised when administrative error has caused their names to be missing from the registration lists used by poll workers to verify a voter’s eligibility. Second, it protects the integrity of the election itself by requiring a voter whose eligibility is questionable to cast a ballot that is set aside until eligibility is later confirmed, rather than casting a conventional ballot that is immediately commingled with all others to be counted." Remedying Election Wrongs (PDF 375 kb) "This Article explores the complex issues that arise in remedying a failed election, and urges states to reªne and clarify their remedial standards and procedures for resolving an election dispute." "Election Law Journal is the only peer-reviewed journal specializing in in-depth coverage of the legal aspects of elections and voting rights in the United States and around the world. The Journal's purview includes the rapid growth in legislation and litigation due to redistricting and reapportionment; challenges to strike down or repeal term limits; and efforts to implement new election systems." Non-partisan information and insight on the laws governing federal, state, and local election. "Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself." more to come...
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