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History and the field

Election law is a branch of public law that relates to the democratic processes, election of representatives
Part of the Politics series
Issues and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot
Elections
Sources of election law 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,
Regimes in comparative law
counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived
France from them. It is a discipline falling at the juncture of constitutional law and political science, and involves
Italy "the politics of law and the law of politics".[1]
Basic types [show]
Mexico Terminology [show]
History and the field [ edit ]
Philippines Subseries [show]
After the legally-contested 2000 United States presidential election between George W. Bush and Al Gore,
Republic of the Congo Lists [show]
the importance of election law has grown in the United States. According to the National Law Journal,
United States Related [show]
election law "grew from a niche to multi million-dollar draw."[2] The UCLA election law professor Richard
United Kingdom Hasen showed that in the United States, litigation rates have been soaring for two decades and hit record Politics portal
high during the 2020 election.[3][4] · ·
Notable authors

See also Since the early 2000s, election law has been taught at most of the law schools throughout the United
States.[5] American election law experts and academics are connected in the academic network founded by Daniel H. Lowenstein, professor at UCLA
References
Law School, and Richard L. Hasen. Lowenstein is considered the "pioneer" and the one who "invented" the election law.[6][7][8] In 2000s, Lowenstein and
Further reading Hasen edited the Election Law Journal and the election law mailinglist.[6] As of 2022, Hasen manages the Election Law Blog and the mailing list.[9][10]
External links The Election Law Journal is an academic publication devoted to election law, currently edited by David Canon of the University of Wisconsin-Madison.[11]
Most of its articles deal with election law in the United States.[12]

According to the Routledge Handbook of Election Law, election law is a growing area globally.[13][14][15] Voters around the world are increasingly
challenging election results. Austria, Switzerland, Slovenia, Iceland, Kenya, and Malawi are some countries where courts have recently invalidated
national elections or referendums.[16] Electoral disputes are good for democracy, according to the book's editors.[13] They can "remove voters' doubts,
remedy violations, increase trust, and, when needed, invalidate flawed elections and defend the integrity of the electoral process. Letting all participants
know violations will not be tolerated benefits future elections."[16]

Issues [ edit ]

Some of the questions that are addressed by election law are:

Which people are entitled to vote in an election (e.g. age, residency or literacy requirements, or poll taxes), and the procedures by which such
persons must register to vote or present identification in order to vote
Which people are entitled to hold office (for example, age, residency, birth or citizenship requirements), and the procedures candidates must follow to
appear on the ballot (such as the formatting and filing of nominating petitions) and rules governing write-in candidates
The rules about what subjects may be submitted to a direct popular vote through a referendum or plebiscite, and the rules that governmental
agencies or citizen groups must follow to place questions on the ballot for public consideration
The framework by which political parties may organize their internal government, and how they select candidates to run for political office (e.g.
primary elections)
The financing of elections (e.g. contribution limits, rules for public financing of elections, the public disclosure of contributors, and rules governing
interest groups other than a candidate's campaign organization)
The requirements for creating districts which elect representatives to a legislative assembly (examples include congressional districts, ridings or
wards within a Municipality)
What restrictions are placed on campaign advocacy (such as rules on anonymous adds, false advertising, and limits on free speech)
How votes are cast at an election (including whether to use a paper ballot, or some other form of recording votes such as a mechanical voting
machine or electronic voting device, and how information is presented to voters on the ballot or device)
How votes are counted at an election, recounts, and election challenges
Whether, and how, voters or candidates may file legal actions in a court of law or administrative agency to enforce their rights or contest the outcome
of an election
Definition of electoral fraud and other crimes against the electoral system
The sources of election law (for example, constitutions, national statutes, state statutes, or judicial decisions) and the interplay between these
sources of law

Sources of election law [ edit ]

You can help expand this article with text translated from the corresponding article in [show]
Spanish. (October 2013) Click [show] for important translation instructions.

Regimes in comparative law [ edit ]

France [ edit ]

The French electoral code addresses most of the elections. However, other texts frame this material for special elections. Thus the Constitution but fixed
some general basic provisions concerning the presidential election, the legislative and senatorial elections.

For litigation election, the court depends on the concerned election. The Constitutional Council is responsible for the most important elections:
presidential elections and senatorial elections or referendums. In contrast, to the municipal or district elections the administrative tribunal has jurisdiction,
then the appeal is to the State Council. Finally, for the regional and European elections, the Council of State which has jurisdiction at first and last resort.

In decisions on electoral matters, the law takes into account the results: if an essential principle is violated, the election is canceled but if fraud is "classic"
(ballot stuffing, failure to register as voters, vote the dead ...) but the election was won (after counting of ballots invalidated) with a large or very large
lead, the judge then cancels rarely the result.[17]

Italy [ edit ]

The Italian Constitution fixes some general basic provisions concerning the legislative elections. Electoral disputes in Italy are complex because they are
divided between several court orders. For example, with regard to the dispute concerning registration of candidates for ballots or litigation election, the
administrative court has jurisdiction. For eligibility and disfranchisement, the judge is the ordinary tribunal.[18]

If a fraud is proven by the judge, it does not cancel necessarily the elections,[19] unless they think that the result of election without the fraud would not
have been identical. The survival of the acts already performed by the elected organs would seem solved by abundant case law that protects innocent
trust of third parties.[20]

Mexico [ edit ]
Main article: Elections in Mexico

Elections in Mexico are held every 6 years to elect a president and every 3 years to elect a legislature. These elections determine who, on the national
level, takes the position of the head of state – the president – as well as the legislature. At the local level, each of Mexico's 31 constituent states elects a
governor to serve a six-year term; they also elect legislative deputies who sit in state congresses, and municipal presidents (presidentes municipales, or
mayors). Mexico City, the national capital, elects a head of government in lieu of a mayor, city assemblymen in lieu of state congressional deputies, and
borough mayors in lieu of municipal mayors.

Philippines [ edit ]
Main article: Elections in the Philippines

The president, vice-president, and the senators are elected for a six-year term, while the members of the House of Representatives, governors, vice-
governors, members of the Sangguniang Panlalawigan (provincial board members), mayors, vice-mayors, members of the Sangguniang
Panlungsod/members of the Sangguniang Bayan (city/municipal councilors), barangay officials, and the members of the Sangguniang Kabataan (youth
councilors) are elected to serve for a three-year term.

Synchronized with the national elections are the local elections. The voter may vote for any of the following:

Provincial-level: One governor, one vice governor, one to seven Sangguniang Panlalawigan members (provincial board)
City- or municipal-level: one mayor, one vice mayor, four to twelve Sangguniang Panlungsod/Sangguniang Bayan members (city or municipal council,
respectively)

If the city the voter is residing in a highly urbanized city, or independent component city. or in Pateros, the voter can not vote for any of the provincial-level
positions.

Republic of the Congo [ edit ]

Main article: Election law of the Republic of the Congo

United States [ edit ]

Main article: Elections in the United States

Elections in the United States 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.

United Kingdom [ edit ]

In the United Kingdom, election law is legislated for by The Houses of Parliament. The statutory governance of UK Election law comes from acts of
parliament such as the Fixed-term Parliaments Act 2011. The Electoral Commission's mandate and establishment was set out in the Political Parties,
Elections and Referendums Act 2000 (PPERA), and ranges from the regulation of political donations and expenditure by political and third parties
through to promoting greater participation in the electoral process.

The Electoral Administration Act 2006 made a number of improvements to electoral registration, improving the security arrangements for absent voting,
allowing observers to attend elections and a major change in reducing the minimum age for candidates at UK parliamentary elections. It also introduced
the performance standards regime for electoral services.

Notable authors [ edit ]

According to University of Chicago Law Professor Brian Leiter, the most cited American election law scholars between 2016 and 2020 included Samuel
Issacharoff, Richard Pildes, Richard Hasen, Heather Gerken, Richard Briffault, Nathaniel Persily, and Nicholas Stephanopoulos, respectively.[21] Other
notable election law experts and professors include David Schultz,[22][23] Joshua Douglas,[24][25][26] Ed Foley,[27][28] Guy-Uriel Charles,[29][30] Jessica
Levinson,[31][32][33] Rebecca Green,[34] Eugene Mazo,[35] Justin Levitt,[33][36] in the U.S, Graeme Orr[37] in Australia and Jurij Toplak in Europe.[38][39][40]

See also [ edit ]

Category:Election law in the United Kingdom

Court of Disputed Returns
Right of foreigners to vote
Universal suffrage
Disfranchisement

References [ edit ]

1. ^ Oshisanya, O. (2020). "13. Election Law" . An Almanac of Contemporary 20. ^ Buonomo, Giampiero (2002). "L'incandidabilità di un eletto travolge il
Judicial Restatements (Civil Law) vol. ii: Almanac vol. ii . Almanac consiglio regionale abruzzese (e ripropone gli interrogativi molisani)" .
Basebooks. Almanac Foundation. p. 265 . ISBN 978-978-51200-2-8. Diritto&Giustizia Edizione Online. Archived from the original on 2012-08-
2. ^ "How Election Law Grew From a Niche Practice to a Multimillion-Dollar 01. Retrieved 2016-03-19.
Draw" . National Law Journal. Retrieved 2022-08-26.[dead link] 21. ^ "Brian Leiter's Law School Reports" . leiterlawschool.typepad.com.
3. ^ "Election Litigation Rates Are Soaring" . Liebert Pub. Retrieved 2022-08-29.
4. ^ Hasen, Richard L. (2022). "Research Note: Record Election Litigation 22. ^ Fung, Katherine (2022-07-19). "Trump's early 2024 announcement could
Rates in the 2020 Election: An Aberration or a Sign of Things to Come?" . help fund legal battles" . Newsweek. Retrieved 2022-08-29.
Election Law Journal: Rules, Politics, and Policy. 21 (2): 150–154. 23. ^ "If a lawmaker violates residency rule, what happens to the ballot?" .
doi:10.1089/elj.2021.0050 . S2CID 246930833 . MinnPost. 2022-08-16. Retrieved 2022-08-29.
5. ^ Yuh, Grace. "Training a new generation of election law lawyers" . 24. ^ Roldan, Roberto (2022-05-24). "Louisville elections officials will tally votes
Harvard Law School. Retrieved 2022-08-26. again in close Metro Council, U.S. House primaries" . 89.3 WFPL News
6. ^ a b Winkler, Adam (2010-12-01). "Introduction to Lowenstein Festschrift" . Louisville. Retrieved 2022-08-29.
Election Law Journal: Rules, Politics, and Policy. 9 (4): 261–262. 25. ^ Douglas, Joshua. "Opinion | What I Learned Talking to Fourth-Graders
doi:10.1089/elj.2010.9402 . ISSN 1533-1296 . About How to Design Elections" . POLITICO. Retrieved 2022-08-29.
7. ^ Cain, Bruce (2010). "Foundational wisdom: the scholarship of Daniel 26. ^ "Election Law Experts Sound the Alarm About 'Extremely Dangerous'
Lowenstein" . Election Law Journal: Rules, Politics, and Policy. 9 (4): 263– Voting Rights Case the Supreme Court Just Agreed to Hear" . Law &
272. doi:10.1089/elj.2010.9415 . ISSN 1533-1296 . Crime. 2022-06-30. Retrieved 2022-08-29.
8. ^ Tokaji, Daniel P. (2010-12-01). "Lowenstein Contra Lowenstein: Conflicts 27. ^ Washington, District of Columbia 1800 I. Street NW; Dc 20006. "PolitiFact
of Interest in Election Administration" . Election Law Journal: Rules, - Much has changed since Jimmy Carter's report on fraud in mail voting" .
Politics, and Policy. 9 (4): 421–441. doi:10.1089/elj.2010.9407 . @politifact. Retrieved 2022-08-29.
ISSN 1533-1296 . 28. ^ Boucher, Dave. "Sidney Powell, Kraken legal team face sanctions, court
9. ^ "Can Donald Trump run for president if charged and convicted of removing costs and potential disbarment over election lawsuit" . Detroit Free Press.
official records?" . Tampa Bay Times. Retrieved 2022-08-26. Retrieved 2022-08-29.
10. ^ Journal, A. B. A. "Could Trump be banned from office if he's convicted of 29. ^ Tierney Sneed. "John Roberts and the Supreme Court might block
taking government documents?" . ABA Journal. Retrieved 2022-08-26. anything Democrats do on voting rights" . CNN. Retrieved 2022-08-29.
11. ^ "Election Law Journal | Mary Ann Liebert, Inc., publishers" . 30. ^ Johnson, Carrie (2022-02-25). "U.S. judges are narrowing voting
home.liebertpub.com. Retrieved 2022-08-26. protections. Some fear lasting damage" . NPR. Retrieved 2022-08-29.
12. ^ "Election Law Journal | Mary Ann Liebert, Inc., publishers" . 31. ^ " 'I don't agree with her on anything,' California Democrats say of Liz
home.liebertpub.com. Retrieved 2022-08-26. Cheney — as they donate to her race" . Los Angeles Times. 2022-07-29.
13. ^ a b "Election law a growing area – and good for democracy, say Retrieved 2022-08-29.
experts" . Legal Futures. August 18, 2022. 32. ^ "Progressive DA recalled in California elections with high stakes – and low
14. ^ "Den nye norm er, at domstolenegodkender et valgslegitimitet" . K News. turnout" . the Guardian. 2022-06-09. Retrieved 2022-08-29.
August 16, 2022. 33. ^ a b Vaziri, Aidin; Cabanatuan, Michael (2022-06-07). "California Election:
15. ^ "How Kenya Election Petition Will Strengthen Future Polls" . Capital FM See the neighborhoods that drove the recall against Chesa Boudin" . San
News. August 21, 2022. Francisco Chronicle. Retrieved 2022-08-29.
16. ^ a b "Letter: Court rulings on elections bolster trust in democracy" . 34. ^ "Tuesday's safe harbor deadline is boost for Biden" . AP NEWS. 2021-
Financial Times. 04-20. Retrieved 2022-08-29.
17. ^ On the other side, opposite judgement comes when the participation of the 35. ^ Fox, Joey (2022-04-11). "After anointing Menendez, Hudson Dems are
lists has resulted in an imbalance, also because the deviation of the votes trying to eliminate his opponents" . New Jersey Globe. Retrieved
between the two clusters is less than one thousand ballotts: Buonomo, 2022-08-29.
Giampiero (2001). "La partecipazione (viziata) delle liste produce uno 36. ^ "In recorded call, Trump pressures Georgia official to 'find' votes to
squilibrio nel voto" . Diritto&Giustizia Edizione Online. Archived from the overturn election" . Reuters. 2021-01-03. Retrieved 2022-08-29.
original on 2012-08-01. Retrieved 2016-03-19. 37. ^ "Election writs claim fails to gain seal of approval" . Australian Associated
18. ^ "A principle of separation of powers ( ... ) is the rationale of the law ( ... ) Press. 2022-06-10. Retrieved 2022-08-29.
which ousts the administrative courts from ineligibility dispute": Buonomo, 38. ^ "Letter: Court rulings on elections bolster trust in democracy" . Financial
Giampiero (2000). "Il giudicato civile in materia elettorale preclude l'azione Times. 2022-08-17. Retrieved 2022-08-29.
popolare davanti al Tar" . Diritto&Giustizia Edizione Online. Archived from 39. ^ Rose, Neil (2022-08-17). "Election law a growing area - and good for
the original on 2012-08-01. Retrieved 2016-03-19. democracy, say experts" . Legal Futures. Retrieved 2022-08-29.
19. ^ The faults, as null and void, cannot justify a reversal "by forfeit" of the 40. ^ REPORTER, CAPITAL (2022-08-20). "How Kenya election petition will
electoral outcome: Buonomo, Giampiero (2000). "Elezioni Molise: gestione strengthen future polls » Capital News" . Capital News. Retrieved
incerta fino all'annullamento definitivo" . Diritto&Giustizia Edizione Online. 2022-08-29.
Archived from the original on 2012-08-01. Retrieved 2016-03-19.

Further reading [ edit ]

Election Law Journal – A scholarly journal devoted to election law

Election Law @ Moritz – a repository of Election Law news and commentary from academics and practitioners, compiled at the Ohio State Michael E.
Moritz College of Law.
Electoral Studies – A scholarly journal devoted to the study of elections
Samuel Issacharoff, Pamela S. Karlan & Richard H. Pildes. The Law of Democracy: Legal Structure of the Political Process. 4th Rev. Ed. Foundation
Press, 2012.
Daniel H. Lowenstein, Richard L. Hasen & Daniel P. Tokaji, Election Law: Cases and Materials. 5th Ed. Carolina Press, 2012.
Joshua A. Douglas & Eugene D. Mazo. Election Law Stories. Ed. Foundation Press, 2016.
Dennis F. Thompson, Just Elections: Creating a Fair Electoral Process in the U.S. University of Chicago Press, 2004. ISBN 978-0226797649
Electoral Administration Act 2006
David Schultz & Jurij Toplak. Routledge Handbook of Election Law. Routledge, 2022.

External links [ edit ]

aceproject.org —A large online community and repository of electoral knowledge

Voting and Election Laws
Right to free elections in the case law of the ECtHR
EL@M: Election Law @ Moritz Archived 2011-08-12 at the Wayback Machine
American Bar Association Standing Committee on Election Law

· · Law [show]

Portals: Law Politics

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Categories: Election law Political law Public law Subfields of political science

This page was last edited on 26 September 2023, at 16:37 (UTC).

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