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Election Litigation
FJC Publications on Election Litigation
Emergency Election Litigation in Federal Courts: From Bush v. Gore to Covid-19
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
2023, 1,302 pages (In Print: Available for Distribution)
This collection of case studies illustrates how federal judges managed the time pressures of emergency election litigation in the years 2000 through 2020. The case studies are based on reviews of the court records and interviews with more than one hundred judges. The 513 case studies cover 717 emergency cases and an additional 151 related cases.
Overseas Voting: The Uniformed and Overseas Citizens Absentee Voting Act
Robert Timothy Reagan
2016, 48 pp. (In Print: Available for Distribution)
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) requires federal and state governments to facilitate overseas citizens' participation in federal elections. In particular, jurisdictions must be able to send out absentee ballots to overseas voters at least forty-five days before federal elections. The enfranchisement of overseas voters began with military personnel, extended to their families, and then extended to citizens who are overseas for other reasons. This monograph surveys federal court interpretations of the statute. The text of the statute is included as an appendix.
Motor Voter: The National Voter Registration Act
Robert Timothy Reagan
2014, 89 pp. (In Print: Available for Distribution)
The National Voter Registration Act (NVRA) was enacted in 1993 to promote voterregistration and registration accuracy. The statute requires states to establish procedures for voter registration (1) upon obtaining a driver’s license; (2) by mail; (3) at government offices, including those providing public assistance or disability services; and (4) at military recruitment offices. This monograph surveys federal court interpretations of the statute. The text of the statute is included as an appendix.
The Help America Vote Act
Marie Leary and Robert Timothy Reagan
2012, 122 pp. (In Print: Available for Distribution)
The Help America Vote Act of 2002 (HAVA) was Congress’s reaction to issues that arose during the 2000 presidential election. It includes standards for provisional ballots and sets minimum standards for voting equipment used in federal elections. This guide summarizes how HAVA has been applied in federal and state courts and includes the act’s text as an appendix.
National Center for State Courts Election Litigation Resources
Margaret S. Williams
2012, 5 pp. (PDF, HTML) (Available Online Only)
This is a summary of resources that the National Center for State Courts makes available online for judges presiding over election litigation. Many of the resources are intended for state judges, but the summary highlights those resources that would be useful to federal judges. The summary includes descriptions of video lectures by practicing attorneys and law professors.
The United States Election Assistance Commission’s Resources
Margaret S. Williams
2012, 5 pp. (PDF, HTML) (Available Online Only)
The U.S. Election Assistance Commission (EAC) was created by the 2002 Help America Vote Act. It is a clearinghouse for data and information on administering elections. This outline summarizes resources available on EAC’s website.
Redistricting Litigation: An Overview of Legal, Statistical, and Case-Management Issues
Bruce M. Clarke and Robert Timothy Reagan
2002, 71 pp. (In Print: Available for Distribution)
This monograph consists of an overview of the law of redistricting, a summary of statistical techniques frequently used in redistricting litigation, and a discussion of some of the major case management challenges presented by such cases. The Center prepared this monograph as a resource for judges assigned such cases challenging legislative redistricting plans developed in response to the 2000 census.