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Researching Election & Voting Law

Introduction

Election law issues may arise in a number of different situations. This guide will introduce you to the key terms and topics within election law, federal and Texas state laws governing elections, and resources to locate primary and secondary sources of election law.

Key Terms & Topics

Campaign Finance: Laws and regulations placing "restrictions on contributions [or donations] to candidates, parties, campaigns, or other political organizations, and... limits on [campaign] expenditures [or spending]."

- Michael Dimino et al., Voting Rights and Election Law 786 (2010)

Election Administration: "The mechanics of how elections are run, ranging from preparations for the election, to the methods by which people cast their ballots, to how winners are declared." - Dr. Michael McDonald, Department of Public and International Affairs, George Mason University

Includes determining methods for voter registration, designating polling locations, poll worker management, counting votes, etc.

Election Fraud: The illegal interference with the process of elections. Includes such activities as:

  • voter intimidation
  • ballot stuffing
  • destruction of ballots

Examples of election crimes:

  • illegal campaign contributions
  • racial or ethnic discrimination in voting

Redistricting: "Redistricting, the process of drawing electoral district boundaries, takes place in the United States following the completion of each decennial census, to account for population shifts.  The rules for redistricting vary from state to state, but all states draw new legislative maps either in the state legislature, in redistricting commissions, or through some combination of the two." - U.S. Department of State

Voting Rights: The fundamental right to participate in the political process by voting. This right includes, but is not necessarily limited to:

  • "The right to participate in elections on an equal basis with other citizens in the jurisdiction;
  • The right to have one's vote counted;
  • The right to an undiluted vote, that is, the right to cast a ballot equal among voters;
  • The right to be free from restrictions that deny the franchise or render its exercise so difficult and inconvenient as to essentially deny the right."

- 25 Am. Jur. 2d Elections ยง100 (2004)