This Article analyzes jurisprudence concerning the judicial review of election laws. It suggests that the United States Supreme Court’s approach should acknowledge the realities of political partisanship when reviewing challenged laws and regulations. Specifically, this Article proposes a judicial test to evaluate election laws for partisan biases using factors modeled on those employed by the Court in Gingles v. Thornburg. Simply put, the manipulation of election laws to pursue partisan advantages poses the greatest threat to our democracy. Accordingly, this Article concludes that protecting our democracy from election practices that benefit one party over another in the guise of administrative ease or neutrality is paramount to maintaining fair and meaningful elections.
Updating Anderson-Burdick to Evaluate Partisan Election Manipulation,
Fordham L. Voting Rts. & Democracy F.
Available at: https://ir.lawnet.fordham.edu/vrdf/vol1/iss1/6