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America Votes!: A Guide to Modern Election Law and Voting Rights

America Votes!: A Guide to Modern Election Law and Voting Rights

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America Votes!: A Guide to Modern Election Law and Voting Rights

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961 pagine
11 ore
Pubblicato:
Dec 7, 2013
ISBN:
9781614385271
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Libro

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Updated and expanded to include the most current issues in this area, America Votes! Second Edition provides key information and important perspectives on election law questions which the courts are currently addressing or about to address. The chapters run the gamut from nuts-and-bolts questions about running elections (what safeguards should jurisdictions put in place to make sure that the vote totals generated by vote-counting machines are accurate?) to larger questions about the best methods for democratic governance (should states be allowed to band together and appoint presidential electors in line with the winner of the national popular vote?). Even questions such as how a third party or independent candidate should be able to gain access to the ballot raise important technical and philosophical questions. Many chapters in this book discuss both the requirements for compliance with the Voting Rights Act (including its protections for racial, ethnic and language minorities) as well as the wisdom and logic of those provisions. The Act raises complex issues of both statistical nuance and democratic theory. A timely resource for lawyers, professors, election officials, and state and local government election administrators and poll workers, America Votes! Second Edition provides a snapshot of key election and voting rights issues from the perspective of practitioners highly experienced in a wide variety of areas including redistricting, Voting Rights Act, registration, ballot access, reform measures, and much more.
Pubblicato:
Dec 7, 2013
ISBN:
9781614385271
Formato:
Libro

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America Votes! - American Bar Association

AMERICA VOTES!

A Guide to Modern Election Law and Voting Rights

• Second Edition •

Benjamin E. Griffith, Editor

Cover by Kelly Book/ABA Publishing.

The materials contained herein represent the views of each chapter author in his or her individual capacity and should not be construed as the views of the author’s firms, employers, or clients, or of the editor or other chapter authors, or of the American Bar Association or the Section of State and Local Government Law unless adopted pursuant to the bylaws of the Association.

Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book is intended for educational and informational purposes only.

© 2012 American Bar Association. All rights reserved.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. For permission, contact the ABA Copyrights and Contracts Department by e-mail at copyright@americanbar.org or fax at 312-988-6030, or complete the online request form at http://www.americanbar.org/utility/reprint.html.

Library of Congress Cataloging-in-Publication Data

America votes!: a guide to modern election law and voting rights / edited by Benjamin E. Griffith.—2nd ed.

p. cm.

Includes bibliographical references and index.

eISBN: 978-1-61438-527-1

1. Election law—United States. 2. Elections—United States. I. Griffith, Benjamin E. II. American Bar Association. Section of State and Local Government Law.

KF4886.A86 2012

342.73’07—dc23

2012018184

Discounts are available for books ordered in bulk. Special consideration is given to state bars, CLE programs, and other bar-related organizations. Inquire at Book Publishing, ABA Publishing, American Bar Association, 321 North Clark Street, Chicago, Illinois 60654-7598.

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Summary of Contents

Foreword

LESLIE H. SOUTHWICK

Preface and Acknowledgments

About the Editor

About the Contributors and Peer Reviewers

Introduction

RICHARD L. HASEN

PART ONE. REDISTRICTING

CHAPTER 1

Defining Population for Purposes of Redistricting

JOHN HARDIN YOUNG, ELIZABETH L. HOWARD, AND KARUNA SESHASAI

CHAPTER 2

The Impact of Noncitizens on Voting Rights Issues

C. ROBERT HEATH

CHAPTER 3

Redrawing the Lines: Race, Democracy, and the 2010 Redistricting Cycle

KRISTEN CLARKE

CHAPTER 4

Legislative Redistricting: New Challenges

TOMMIE S. CARDIN

CHAPTER 5

Practical Suggestions for Local Government Attorneys Facing Redistricting

ANDREW J. WHALEN III

CHAPTER 6

Novel (and Not-So-Novel) Alternatives to Legislative Redistricting

JUSTIN LEVITT

CHAPTER 7

Bringing Transparency and Citizen Participation to the Redistricting Process: Lessons Learned and How We Can Prepare for 2020

MARY G. WILSON

PART TWO. THE VOTING RIGHTS ACT

CHAPTER 8

Protecting Language-Minority Voting Rights and Implementation of Section 203 after 2010

TERRY AO MINNIS

CHAPTER 9

The New Guidelines for Section 5 Implementation

ABIGAIL THERNSTROM

CHAPTER 10

Redistricting Woes after the 2010 Census: Statistical Estimates, Inclusion of College Students and Prisoners, and Safe Districts

BENJAMIN E. GRIFFITH

CHAPTER 11

Nondistrict Vote Dilution Remedies under the Voting Rights Act

STEVEN J. MULROY

CHAPTER 12

The California Voting Rights Act

MARGUERITE MARY LEONI AND CHRIS SKINNELL

PART THREE. REGISTRATION, BALLOT ACCESS, AND REFORM MEASURES

CHAPTER 13

The Voter Registration Gap: Why It Exists and How to Narrow It

ESTELLE H. ROGERS AND NICOLE KOVITE ZEITLER

CHAPTER 14

The National Voter Registration Act

HANS A. VON SPAKOVSKY

CHAPTER 15

Significant Ballot Access Issues

RICHARD WINGER

CHAPTER 16

Electoral College Reform at the State Level

ROBERT W. BENNETT

CHAPTER 17

Voting Technology and the Quest for Trustworthy Elections

CANDICE HOKE

Table of Cases

Index

Contents

Foreword

Preface and Acknowledgments

About the Editor

About the Contributors and Peer Reviewers

Introduction

PART ONE

Redistricting

CHAPTER 1

Defining Population for Purposes of Redistricting

JOHN HARDIN YOUNG

ELIZABETH L. HOWARD

KARUNA SESHASAI

Introduction

Data Collected

Decennial Questionnaire

American Community Survey

Additional Data

Use of Decennial Census Data

Sampling

Public Law 94-171 Data

Population Deviation Measurements

Constitutionally Permissible Measurements of Total Population

Congressional Plans

State and Local Plans

The 10 Percent Threshold

Conclusion

CHAPTER 2

The Impact of Noncitizens on Voting Rights Issues

C. ROBERT HEATH

Noncitizens and Potential Liability under Section 2 of the Voting Rights Act

Variance in Citizenship Rates

Different Census Products as Sources of Information on Citizenship

Constitutional Issues in Drawing Districts Where Noncitizens Are Concentrated

Does the Constitution Require Use of a Particular Apportionment Base?

Jurisdictions’ Discretion in Adopting the Apportionment Base

Representation and the Legislative History of the Fourteenth Amendment

Section 5 Implications for the Apportionment Base

Conclusion

CHAPTER 3

Redrawing the Lines: Race, Democracy, and the 2010 Redistricting Cycle

KRISTEN CLARKE

Redistricting in a Post-Racial Era

Efforts to Turn Back the Clock

The Voting Rights Act under Attack

Judicial Redistricting

CHAPTER 4

Legislative Redistricting: New Challenges

TOMMIE S. CARDIN

Introduction

One Person, One Vote

Section 5: Retrogression

Displacement of Majority-Minority Districts

Districts On the Bubble

Population Categories

Section 2 Districts

Conclusion

CHAPTER 5

Practical Suggestions for Local Government Attorneys Facing Redistricting

ANDREW J. WHALEN III

Understanding the Legal Framework

Adopt a Strategy and Timetable

Public Participation: Building Consensus

Final Thoughts on Submissions

Conclusion

CHAPTER 6

Novel (and Not-So-Novel) Alternatives to Legislative Redistricting

JUSTIN LEVITT

The Nature of the Redistricting Process

The Role of Existing Legislators

Alternatives

Automation

Strictly Binding Rules

Redistricting Contests

Temporal Shift

Nonpartisan Bodies

Citizens’ Commissions

Conclusion

CHAPTER 7

Bringing Transparency and Citizen Participation to the Redistricting Process: Lessons Learned and How We Can Prepare for 2020

MARY G. WILSON

Few Mandates for Transparency

Increased Transparency

Varying Degrees of Public Participation

Best Practices and Lessons Learned

Conclusion

PART TWO

The Voting Rights Act

CHAPTER 8

Protecting Language-Minority Voting Rights and Implementation of Section 203 after 2010

TERRY AO MINNIS

Introduction

Voting Rights Act Protections for Language Minority Voters

Section 203

Section 2 Protection for Language Minorities

Section 208

Benefits of Language Assistance

Section 203 after 2010

Section 203 and the 2006 Reauthorization of the VRA

American Community Survey (ACS)

Impact of Five-Year Timing

Conclusion

CHAPTER 9

The New Guidelines for Section 5 Implementation

ABIGAIL THERNSTROM

Introduction

Scope of the 2011 Guidelines

Impact of Beer

Impact of Bossier

Impact of Arlington Heights

Assessing Relevant Factors in the 2011 Guidelines

Implications of a Changing Racial Landscape

Effect on Representation

Consequences in the Broad Political Setting

CHAPTER 10

Redistricting Woes after the 2010 Census: Statistical Estimates, Inclusion of College Students and Prisoners, and Safe Districts

BENJAMIN E. GRIFFITH

Introduction

The Redistricting Process

Section 5 Preclearance

Section 2 Vote Dilution

Significance of Racially Polarized Voting

Statistical Estimates

Equal Opportunity to Elect Representatives of Choice

The Brennan Analysis: Ecological Regression and Extreme Case

Determining Minority-Preferred Candidate Status

Evidence Contrary to Existence of Racial Bloc Voting

Estimated Actual Voters Analysis and Reconstituted Election Analysis

Probit Analysis

College Students and Prisoners: The Usual Residence Rule

Apportionment Base upon Which Voting Districts Are Based

Census Inclusion of Prisoners: Prison-Based Gerrymandering

Safe Districts

Competitive Elections and Competitive Districts

Safe Districts Based Predominantly on Race

Moving Beyond the Problem of Race

Impact of Black Flight on Safe Districts

The End Game of Safe Districts: A Gift to Republicans

Safe Majority-Minority Districts under DOJ’s Regulations

Conclusion

CHAPTER 11

Nondistrict Vote Dilution Remedies under the Voting Rights Act

STEVEN J. MULROY

Single-Member Districts as the Presumed Section 2 Remedy

Alternative Electoral Systems

Generally

Legal Availability

Suitability of Alternative Systems

Arguments for Alternative Systems

Arguments Against Alternative Systems

Where Alternative Remedies Are Most Appropriate

Applying the Threshold of Exclusion Formula

VAP, CVAP, and Turnout

Suitability of Voter Education Plan

Conclusion

CHAPTER 12

The California Voting Rights Act

MARGUERITE MARY LEONI

CHRIS SKINNELL

Introduction

Background: Plaintiffs’ Losing Record under the Federal Voting Rights Act

Enactment and Constitutional Challenge in Sanchez v. City of Modesto

Highlights of the California Voting Rights Act

Departure from Federal Voting Rights Law

Lack of Minority Candidates

Possible Defenses

New Remedies

Financial Incentives: All Upside for Plaintiffs, All Downside for Defendants

History of Post-Sanchez Litigation under the California Voting Rights Act

Madera Unified School District

Tulare Local Healthcare District

City of Tulare

Ceres Unified School District

City of Compton

Compton Community College District

San Mateo County

Cerritos Community College District

City of Escondido

Demand Letters and Other Threatened Litigation

Proposed Washington State VRA

Conclusion

PART THREE

Registration, Ballot Access, and Reform Measures

CHAPTER 13

The Voter Registration Gap: Why It Exists and How to Narrow It

ESTELLE H. ROGERS

NICOLE KOVITE ZEITLER

Introduction

The National Voter Registration Act of 1993 (NVRA)

Public Agency Voter Registration

Success in NVRA Compliance: Court Rulings and Voluntary Improvements

Community Voter Registration Drives: Homegrown Efforts to Assist Low-Income Americans

Playing Chutes and Ladders: The Voter Registration Process and Its Hidden Traps

Photo ID

Proof of Citizenship

Bounced Back Mail

Match Rules

Interstate Matches

Some Creative Solutions to Voter Registration Problems

Paperless Voter Registration

Online Voter Registration

Same-Day Voter Registration

Automatic Voter Registration

Conclusion

CHAPTER 14

The National Voter Registration Act

HANS A. VON SPAKOVSKY

Introduction

The NVRA’s Requirements

NVRA Enforcement

The Effectiveness of the NVRA

Conclusion

CHAPTER 15

Significant Ballot Access Issues

RICHARD WINGER

Introduction

The State Laws

The Judicial Decisions

Definitions of a Political Party

Signature Requirement to Qualify for Ballot

Petition Deadline

Restrictions on Who Can Circulate a Petition

Restrictions on Independent and Party Candidates

Candidate and Political Party Loyalty Oaths

Fees for Insufficient Petitions

Ability of Political Parties to Substitute a New Nominee If the Original Nominee Withdraws

Laws Barring Candidates from the General Election Ballot Based on Primary Results

Conclusion

CHAPTER 16

Electoral College Reform at the State Level

ROBERT W. BENNETT

Introduction

Recent Reform Efforts

Districting and Proportional Award of Electors

National Popular Vote Proposal

Uniform Law on Faithless Electors

Problems in Simultaneous Pursuit of the NPV and the ULC Reforms

Conclusion

CHAPTER 17

Voting Technology and the Quest for Trustworthy Elections

CANDICE HOKE

Background: Performance Records of E-Voting Systems

South Carolina 2010

Illustrative E-Voting Equipment Deficiencies

Florida 2000

Federal Compulsion to Adopt Software-Based Voting Technologies

HAVA

Eliminating the Human Element in Vote Tabulation

The EAC’s Future

Litigation and Enforcement Strategies

Litigating Voting Technology Deficiencies

Enforcement by the U.S. Department of Justice

Federal Promotion of Problematic Internet Voting

Federal Legislation: UOCAVA, MOVE, and Defense Authorization Acts

The FVAP’s Cheerleading for Internet Voting

Internet Voting: Separating Legally Relevant Facts from Fantasy

FVAP’s Legally Problematic Promotion of Internet Voting

Moving Forward

Appendix: Contradictory State Laws Governing Election Fraud and Integrity

Table of Cases

Index

Foreword

LESLIE H. SOUTHWICK

Circuit Judge, United States Court of Appeals for the Fifth Circuit

It has been accurately said that what’s past is prologue. William Shakespeare in The Tempest was not referring to elections, but his insight applies quite well to these recurring and necessary events in the life of the American republic.

In the first edition of this extraordinarily helpful book, several chapters examined the battle for the presidency in 2000. That election to current eyes appears uniquely contentious, decided not at the election booth but from the judicial bench. That view is shortsighted. The arguments about the desirability and validity of continuing recounts were critically important in Bush v. Gore, but they were not new. A hundred years earlier, the chief judge of the New York Court of Appeals used the presidential election of 1884 as an example of why a later, local election recount needed to end. The presidential election had been decided by a recount of New York’s ballots. There had been great public excitement, charges being made on both sides that representatives of the opposite party were contemplating a subversion of the will of the people as expressed at the polls, and counsel being selected by the representatives of both parties to protect, in the various sections of the state, the interests of the organization employing them as against the contemplated frauds of the other side. [People ex rel. Brink v. Way, 179 N.Y. 174, 181, 71 N.E. 756, 758 (1904)].

In that opinion, Chief Judge Alton B. Parker presciently observed: Occasions have arisen, and will again arise, where the necessity for a speedy disposition of the question of which candidate is entitled to the office is of far more importance than whether the person elected shall lose it.

What has arisen in past elections will surely arise again. Lessons learned from real-world experiences are central to many of the chapters that follow. They provide a guide to election law that will be a great help to attorneys, judges, and others who advise, litigate, or write about elections. The chapters are not the conjectures of theoreticians about how elections likely occur. Instead, these chapters give practical and professional guidance on current issues. Important to this new edition is that election law is not static. Courts may initially address the excesses brought to them from the latest elections. Legislative bodies may over time seek to fill the gaps or correct the approach of prior laws. Those who regulate elections in other ways also adjust their rules. What is immutable is the need for change and staying aware of those changes.

The chapters that follow provide a current view of many key election and voting rights issues. These are some examples:

Where are state legislatures engaging in redistricting likely to face the most challenges from further explanation of the one-person, one-vote requirement in Larios v. Cox, avoiding retrogression, or some new legal theories?

What challenges will face the courts in the post-2010 census redistricting process—utilizing statistical estimates of relevant population groups, the inclusion of nontraditional population groups such as college students and prisoners, or the role of racial concentrations in safe districts?

How should the rights of language minority voters be protected, including and in addition to the enforcement of Section 203?

Do the new DOJ guidelines implementing the 2006 amendments to Section 5 adequately reflect the current American racial landscape? How are these guidelines likely to evolve?

What challenges face local government practitioners as they work to satisfy their legal mandate under the Voting Rights Act while avoiding costly litigation?

What are the legal and practical pressures forcing adoption of new voting technologies, and are some of those technologies reducing the trustworthiness of elections?

What are the ramifications of state analogs to federal voting rights laws?

Are some parts of the country entering a period where gains made under the Voting Rights Act need to be defended, and if so, what strategies might be effective in that defense?

Benjamin Franklin famously answered a question about what the 1787 Constitutional Convention had created by saying, A republic, if you can keep it. Of vital importance to keeping the American republic is the acceptance by citizens that elections are the place in which disputes over the direction of government are resolved. Widespread cynicism or outright rejection of the efficacy of elections can cause our grip on the republic to weaken. Such negativity about elections can be reduced by making each vote count, and count only once.

This book contributes to the task by providing insightful guidance that attorneys, judges, and others can follow in their efforts to protect the integrity of elections and to secure voting rights.

Preface and Acknowledgments

For this second edition of America Votes!, we’ve adopted a different organizational structure from the first edition. This time the book is divided into three parts: the first part focuses on redistricting, the second on the Voting Rights Act (VRA), and the third on registration, ballot access, and reform measures, a dichotomy that was the brainchild of none other than Jack Young.

In Part I, Jack Young, along with Liz Howard and Karuna Seshasai, have written the initial chapter on defining population for redistricting purposes. Jack’s extensive national experience in this field of law, coupled with the energetic and scholarly research and analysis provided by Liz, who founded the nation’s first Election Law Society at William and Mary Law School, and Karuna, who has extensive experience providing campaign consulting for state, local, and federal campaigns across the nation, has produced a chapter that serves as an excellent starting point for this edition.

Bob Heath, partner in the Austin, Texas, firm of Bickerstaff Heath Delgado Acosta LLP, a 30-lawyer firm with offices in Austin, El Paso, and Houston, has been involved in redistricting since 1971 and wrote the chapter dealing with how noncitizens have an impact on voting issues. Bob is a nationally recognized expert with extensive experience in legislative and congressional districting in Texas and many other jurisdictions. He has represented hundreds of state and local political subdivisions in some of the most significant voting rights litigation in his home state of Texas, the District of Columbia, and the Fifth Circuit, most recently Chen v. City of Houston and Lepakv. City of Irving, which focus on whether noncitizens should be included for one person, one vote purposes in the apportionment base. These two chapters actually combine to present a rich overview and analysis of some of the cutting edge issues facing states and local governments during the current round of redistricting as well as issues that will resonate through the 2020 census.

Kristen Clarke, who formerly served as co-director of the NAACP Legal Defense and Educational Fund’s Political Participation Group and recently joined the Office of the New York Attorney General, has authored an insightful chapter, Redrawing the Lines: Race, Democracy and the 2010 Redistricting Cycle, outlining the many reasons for the continued need and efficacy of the Voting Rights Act’s sword and shield, Sections 2 and 5, as she drew on her experience as one of the top litigators for our nation’s oldest and finest civil rights law firms.

Tommie Cardin of the Butler Snow firm in Jackson, Mississippi, and past chair of the Mississippi Bar’s Government Law Section, wrote the chapter on new challenges in legislative redistricting while he was immersed in the state legislative redistricting process in his home state, serving once again as counsel for the Joint Committee on Reapportionment. Tommie drew on his extensive experience at the state level and provides a useful roadmap for those entering this complex field.

Drew Whalen, a local government attorney from Griffin, Georgia, and fellow member of the International Municipal Lawyers Association, has been steeped in a dynamic governmental practice in Georgia for many decades and authored a very practical chapter filled with solid suggestions for local government attorneys facing redistricting. Drew’s insights are clearly stated and quite helpful for local government practitioners facing the redistricting process.

Justin Levitt is a professor of constitutional law and the law of democracy, is a national expert in election law, was formerly one of the top lawyers with the Brennan Center, and maintains the website All About Redistricting devoted to redistricting law nationwide. Justin wrote a very timely chapter on alternatives to legislative redistricting, some novel and some not-so-novel. His chapter unfolds the substantive rationale for courts and legislative bodies to consider departures from the single-member district formula to address demographic changes resulting from the new census.

Mary Wilson, a member of the Albuquerque, New Mexico, firm of Wilson and Associates, served as 17th president of the League of Women Voters of the United States and chair of the League of Women Voters Education Fund, has been a tireless advocate for strengthening and renewing the basic tenets of American democracy and has authored a most interesting chapter on bringing transparency and citizen participation to the redistricting process.

Part II focuses on the Voting Rights Act. Terry Ao Minnis did a masterful job writing a chapter that focuses on Section 203 of the VRA, providing us with helpful historical background and good examples from her own litigation experience on how to protect language minority voting rights under this key provision, which was first inserted in the Act in 1975. Terry is director of the census and voting programs for the Asian American Justice Center, a member of the Asian American Center for Advancing Justice, and a national expert on decennial census, census policy, and voting rights. She co-chairs the Leadership Conference on Civil and Human Rights’ Census Task Force and the National Council of Asian Pacific Americans’ Civil Rights Committee. For many good reasons, including Terry’s many authoritative articles and chapters on Section 203, her frequent CLE presentations on Section 203 and related issues under the VRA, and her involvement as counsel on numerous amicus briefs filed in the U.S. Supreme Court in such cases as NAMUDNO v. Holder, Crawford v. Marion County Election Board, and Bartlett v. Strickland, Terry is a Section 203 star.

The former chair and current vice-chair of the U.S. Commission on Civil Rights, and my voting rights mentor, Abigail Thernstrom, is author of Voting Rights—And Wrongs: The Elusive Quest for Racially Fair Elections (2009), a senior fellow at the Manhattan Institute from 1993 to 2009, and an adjunct scholar at the American Enterprise Institute. Abby has authored a most timely chapter that analyzes the new guidelines and procedures promulgated by the U.S. Justice Department for implementation of Section 5, as amended under the Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006. Abby’s chapter was completed just as the State of Texas had entered the Section 5 preclearance maze full bore with a judicial preclearance action in the U.S District Court for the District of Columbia, while holding off a San Antonio-based Three-Judge Court intent on imposing an interim plan as the election deadlines approached, in the midst of which the U.S. Supreme Court stepped in to send the remedial plan back to square one based on lack of adequate deference to state legislative interests. Abby effectively and clearly addresses the meaning and application of the preclearance provision of the VRA in such a way that one can smell the smoke of the battle—and the battle over the meaning, interpretation, and reach of amended Section 5 is far from over.

My chapter follows with what I hope are pragmatic observations about how, which, and why votes and voters are counted, focusing on problematic redistricting issues to watch during the 2010 redistricting cycle, including statistical estimates, inclusion of college students and inmates, and safe districts.

Professor Steven Mulroy, formerly a litigation attorney with the Justice Department’s Civil Rights Division responsible for litigating method-of-election and redistricting cases, is a tenured professor at the University of Memphis Law School, where he teaches constitutional law and civil rights and since 2006 has served as a member of the Shelby County Board of Commissioners. Steven has written a classic chapter on alternative election systems, addressing nondistrict vote dilution remedies under the VRA, and his experience shines through, particularly with respect to his successful participation in what many see as one of the landmark alternative election remedy cases, United States v. Village of Port Chester.

Marguerite Leoni and Chris Skinnell have written an excellent chapter on the California Voting Rights Act, with observations that provide a resounding response to those who think state versions of the VRA and state redistricting commissions are the key to minimizing the role of race and partisanship in the redistricting process. Their chapter is truly cutting edge and includes a very current update on the State of Washington’s recent efforts to enact and implement the Washington State Voting Rights Act. Marguerite is a member of Nielsen, Merksamer, Parrinello, Gross & Leoni and leads the firm’s practice in voting rights and redistricting. With over 30 years of experience in redistricting and voting rights litigation, Marguerite has defended federal and state actions involving the legality of the California Voting Rights Act and electoral systems under the VRA and U.S. Constitution. She has also served as counsel to the consultant to Arizona’s Independent Redistricting Commission and represented the Florida Senate in designing Florida’s 2001 Senate and Congressional districts. Chris is a senior associate at Nielsen, Merksamer, Parrinello, Gross & Leoni and specializes in civil litigation relating to elections, redistricting, and voting rights. He has significant experience serving as a demographic consultant on voting rights projects at the Rose Institute of State and Local Government prior to law school as well as extensive experience with voting rights matters from the legal, academic, and technical perspectives, including working on litigation under the VRA and the California Voting Rights Act.

Part III, on registration, ballot access, and reform measures, includes a very effective chapter titled The Voter Registration Gap: Why It Exists and How to Narrow It by Estelle Rogers and Nicole Kovite Zeitler in which the two authors explain how the American electorate’s playing field is anything but even. Estelle authored the 2009 publication The National Voter Registration Act at 15, and is a member of the ABA House of Delegates and the Advisory Commission to the Standing Committee on Election Law and is also Director of Advocacy at Project Vote, a national organization dedicated to promoting civic engagement by facilitating voter registration and ensuring voting rights. Nicole, now serving as Counsel to Vice-Chair Ellen L. Weintraub at the Federal Election Commission, was formerly Director of Project Vote’s Public Agency Voter Registration Program from 2008 through 2011, with experience litigating National Voter Registration Act (NVRA) compliance cases in six states. Estelle and Nicole show in their chapter that despite some gains in voter registration and participation by underrepresented groups during the 2008 election cycle, the procedures spelled out in the NVRA have yet to be fully utilized and effectively implemented, including mandates to conduct voter registration at agencies serving low-income and disabled persons, to conduct community-based voter registration drives to reach underserved areas, and to ensure that accurate, current voter rolls are not achieved at the expense of eligible voters.

In the following chapter, Hans A. von Spakovsky, former Counsel to the Assistant Attorney General for Civil Rights, Commissioner on the Federal Election Commission, member of the first Board of Advisors of the U.S. Election Assistance Administration, and now a Senior Fellow in the Center for Legal and Judicial Studies at the Heritage Foundation, addresses key aspects of the NVRA, pointing out that while the NVRA made it easier for Americans to register to vote, it apparently has not reached its intended objective of increasing turnout in our elections. Hans highlights basic flaws in the underlying assumptions that led to the NVRA’s passage, including the possibility that one of the main reasons for its passage, decline in voter turnout due to restrictive voter registration rules, may have been an illusion. Concluding that such electoral reforms have had a negligible net effect on voter participation, Hans identifies ACORN as one of the worst culprits in submitting fraudulent mail-in voter registration forms to election officials, which in turn led to amendments to the NVRA by the Help America Vote Act, including certain identification requirements for registering by mail or state verification of the accuracy of voter registration information by comparing it to other state databases, and also led to the implementation by many states of voter photo identification requirements for in-person voting.

Richard Winger has authored an interesting and informative chapter on ballot access, focusing on the many restrictive U.S. ballot access laws. This is a subject on which he is uniquely qualified. In 1985 Richard founded what is recognized today as one of the most active and current print publications on this subject, Ballot Access News, and serves on the editorial board of Election Law Journal, having researched back to their origins the ballot access laws of all 50 states. He is frequently called as an expert witness in ballot cases involving minor parties and independent candidates. I am particularly thankful that Richard was one of the first people to point out to me five years ago that a chapter on ballot access was sorely needed in the first edition, and I trust his excellent chapter fills that gap. Richard concludes that as recently as November 2010, over two percent of the voters in this country were registered members of parties other than the Democratic and Republican Parties, and while there is no constitutional basis to discriminate against them, and while the First and Fourteenth Amendments would seem to protect them, the courts have frequently been reluctant to extend such protection.

Robert Bennett, a professor at Northwestern University Law School since 1969, has authored a chapter on electoral college reform at the state level, an issue that is gaining traction in the run-up to the 2012 Presidential Election. Professor Bennett’s scholarly interests focus on constitutional interpretation and the intersection of constitutional law and democratic theory.

Finally, Professor Candice Hoke, whose research focuses on advocacy on the legal and policy issues generated by flawed software-based election technologies, has written an excellent and quite timely chapter on our nation’s continuing quest for trustworthy elections, focusing on voting technologies in 2012. Candice, a former member of the Advisory Commission to the Standing Committee on Election Law and a professor at Cleveland State University School of Law, cogently presents the case for a careful evaluation of real threats posed and protections needed in light of the substantial changes that have taken place in deployed voting technology, noting that misplaced legal confidence in digital voting machines should be replaced by a more watchful and proactive stance. In her chapter she calls for the Civil Rights Division to learn more about electronic voting’s defects from the standpoint of security and engineering, and urges the Justice Department to revise its election monitoring program to conduct random checks of the deployed election software using qualified forensics assessors and work with experts to understand how to retool the monitoring effort to fulfill its voting rights responsibilities. Candice relies on a wealth of experience in this complex technical field when she emphasizes in her chapter that effective monitoring cannot occur simply by watching voters at a polling location when software-based voting systems are used. Such systems are qualitatively distinct from the manual voting equipment operative when the VRA was enacted in 1965 and the Civil Rights Division was founded, she observes, thus requiring re-evaluation of all norms developed during those earlier technological eras marked by outdated presumptions about the capacity for tampering and the need for security protections.

I would like to acknowledge the tremendous efforts of a great team of chapter authors, several of whom participated in the first edition of America Votes! and its 2009 e-supplement, including Jack Young, Abigail Thernstrom, Kristen Clarke, Terry Ao Minnis, Candice Hoke, and Tommie Cardin. They accepted my invitation for a repeat performance, and their contributions to the second edition have exceeded my expectations.

I can’t say enough about the professors, attorneys, and experts who agreed to serve as peer reviewers, using a double-blind peer review process that is trickier than its name suggests. I leaned heavily and frequently on every one of these professionals over the course of months of post-drafting critical review and revision of each of the chapters, and they gave me their best efforts in critiques, suggesting revisions and sometimes major shifts in approach for the eighteen chapters that comprise this second edition. They included Professor Michael S. Kang at Emory University School of Law, a nationally respected election law scholar who has authored a prodigious number of excellent treatises, law review articles, and chapters on regulation and reform of the election process, campaign finance law, and partisan gerrymandering, to name just a few; Dale Ho, Associate Counsel for the NAACP Legal Defense and Educational Fund, Inc., and a frequent CLE presenter throughout the country who has participated in many of the significant cases involving, inter alia, Section 5’s constitutionality, felon disenfranchisement, photo ID laws, and prison-based gerrymandering; Steven P. Perlmutter of Robinson & Cole’s Boston office who has been laboring in the district court and appellate court vineyards as lead counsel in major VRA redistricting cases on behalf of the Commonwealth of Massachusetts, Boston, and many other cities in his home state for over three decades, a great lawyer and friend whom I first met when he and I were rocketing through the First and Fourth Circuits, respectively, with third-generation redistricting cases on behalf of local government clients during the early 1990s; Professor David Michael Guinn at Baylor University School of Law, who teaches primarily in the fields of constitutional law and civil liberties and has participated in redistricting over 100 political subdivisions in Texas, and who has willing to give of his time and talents to review drafts of chapters in the midst of a full teaching schedule; Robert D. Meyers of the Memphis-based firm of Ford & Harrison, a friend and colleague who serves with me on DRI’s Governmental Liability Committee, whose extensive federal civil litigation practice extends to at least nine states, and who is certified as a Civil Trial Specialist by the Tennessee Commission on CLE and Specialization and the NBTA; Harvey M. Tettlebaum, a partner at Husch Blackwell LLP, a recognized expert in the health Care, election, and administrative law areas, a member of his firm’s Health Care, Litigation, Governmental Ethics and Election Law, Regulatory Affairs and Appellate Practice Departments, a member of the ABA Standing Committee on Election Law, and a Fellow of the American Bar Foundation who is responsible for presenting programs on election law at national and regional seminars; and Dr. Charles D. Cowan, who designed the Census Bureau’s Post-Enumeration Program to evaluate that 1980 Decennial Census and is managing partner of Analytic Focus LLC with over three decades of experience in statistical research and design.

Editing the second edition of America Votes! A Guide to Modern Election Law and Voting Rights was a labor of love, punctuated by a few labor pains. Serving as editor is akin to sitting in the pilot’s seat of an Airbus—a seasoned pilot and family member compares it with sitting in a big recliner on the front porch of a country home with wings—loaded with 550 passengers as it lumbers down the runway and somehow lifts off into the blue sky. As with the first edition, accolades go to a host of people, but I particularly enjoyed and benefitted from a close working relationship with one of ABA Publishing’s 24/7 workaholics and kindred spirits, Leslie Keros. It was Leslie’s ability to keep the process on schedule, encourage and guide me as needed, and provide ample support for the many decisions made from the early planning stages—chapter length and format, substantive focus and organization, multiple levels of peer review, and even the book cover design—that helped me keep my sanity while running a full-time law practice and keeping current with my obligations to the ABA.

To two great colleagues who are accomplished in their respective fields and busy beyond belief with their careers, Jack Young and Marti Chumbler, I give my sincere thanks for planting the idea for a second edition. Both encouraged me to get the ball rolling, after due diligence to make sure this would be a marketable publication in 2012. As for Jack’s role, it is an incentive to act when the lawyer who spawned Bush v. Gore is shouting Hurry up! The 2012 Presidential Election will be history if you don’t move on this! Jack is a member of the Washington, D.C., firm of Sandler Rieff Young & Lamb, a fellow election law wonk who co-chairs the ABA Advisory Commission to the Standing Committee on Election Law, and an ABA leader whom many consider one of the top election law experts in the country. Marti, a wise friend heading up State and Local’s Publications Oversight Board (POB), is a member of Carlton Fields’ Tallahassee office and helped provide that essential spark of enthusiasm needed to leap into this project. Jack and Marti did this just as our partisan-deadlocked country was on the cusp of a unique, lengthy election season starting with the release of the 2010 Census results to state and local governments.

To Marti’s predecessor on the POB, and now Chair-Elect of the ABA Section of State and Local Government Law and a dear friend, Mary Kay Klimesh, I also give my thanks for her steady, consistent words of support as we moved from ideas to planning to formal publication proposal. Mary is one of Sayfarth Shaw’s stars in that firm’s Chicago office, wise beyond her years and possessing an ability to plan, execute, and deliver that sets her apart. Mary will lead the Section admirably when her year rolls around.

I thank the leadership of the ABA Section of State and Local Government Law, including 2010–11 Chair Dwight Merriam, a member of Robinson & Cole’s Hartford office and the expert I turn to for all things zoning and land use, and 2011–12 Chair Ed Voss, an extraordinary civil litigator and member of the Dallas-based firm of Brown & Hofmeister whose year as Chair has been a dynamic one, as well as those members comprising the past and present Publication Oversight Board who collectively supported going forward with the second edition. To all of these dedicated legal professionals I am grateful and sincerely thank them for their careful attention to detail and emphasis on financial reality as we completed the final publication plan submitted for the second edition.

A special thanks also goes to two angels, Staff Director Tamara Edmonds Askew and Administrator Marsha Boone, for their dedication and support for the myriad activities, programs, seminars, and special projects sponsored by the Section, of which this second edition is just one. Tamara is the gem who came on board the year I became Chair of the Section. She is tireless, exceptionally competent in all things ABA, loves her work (as a mother and a lawyer, work made possible in part by a dedicated husband, David, who is also an experienced attorney, and their son, Micah, to whom I will always be Uncle Ben). Tamara really understands the needs and concerns of a busy section of over 10,000 members. Marsha is a pure delight to be around, keeps the many committee functions, seminars, CLE programs, and Section activities moving on schedule, and combines her talents and experience with Tamara’s to provide the very best in coordination, planning, and execution. The synergy of these two ladies is unbelievably effective and has helped catapult State & Local to new heights.

My acknowledgments as editor of the second edition of America Votes! would be incomplete without this final note. I thank my wife, Kathy Orr Griffith, who has always encouraged me to reach for the stars in my legal work, has always known when to bring my sometimes too lofty expectations in line with reality, and has constantly shown me the meaning of unconditional love. The old adage behind every successful man … really does not apply to us, since she stands next to me as my equal partner in all that we are and all that we do, which is as it should be, especially after 38 years of marriage.

About the Editor

Benjamin E. Griffith represents local governments in redistricting and vote dilution litigation, civil rights defense and governmental tort litigation. He chairs the ABA Standing Committee on Election Law and serves in the House of Delegates. He has served as a panelist at seminars throughout the nation on voting rights, election law, and other hot topics in state and local government law and authored a number of books, chapters, and articles within his field of practice, including serving as editor/contributor for the first edition of America Votes! A Guide to Modern Election Law and Voting Rights (ABA 2008) and contributor for International Election Principles: Democracy and The Rule of Law (ABA 2008). Ben is a partner in the Cleveland, MS firm of Griffith & Griffith, earned his Juris Doctor in 1975 from the University of Mississippi School of Law, and is board certified by the NBTA in Civil Trial Advocacy. He is past chair of the ABA Section of State and Local Government Law and past president of the National Association of County Civil Attorneys.

About the Contributors

and Peer Reviewers

Robert W. Bennett has been on the Northwestern Law School faculty since 1969, serving as the school’s dean from 1985 through 1995. His scholarly interests focus on constitutional interpretation and the intersection of constitutional law and democratic theory. He is the author of four books and numerous articles.

Tommie S. Cardin is a lawyer with the firm Butler, Snow, O’Mara, Stevens & Cannada, PLLC where he serves as Practice Group Leader of the Government, Environmental and Energy Group. Tommie received his B.A., magna cum laude, from Mississippi State University in 1983 and his J.D. from the University of Mississippi in 1986. He concentrates his practice in the areas of administrative, environmental and governmental law, including elections and voting rights issues. As a member of the Mississippi Bar, Tommie is past chair of the Government Law Section. He also serves as a member of the State and Local Government Law Section of the American Bar Association.

Kristen Clarke is a civil rights attorney based in New York. She formerly served as the Co-Director of the Political Participation Group at the NAACP Legal Defense and Educational Fund. She has also worked in the Civil Rights Division of the U.S. Department of Justice, serving as a trial attorney in the Division’s Voting Section and as a Federal Prosecutor in the Division’s Criminal Section, where she handled a range of police misconduct, hate crimes, and human trafficking cases. Ms. Clarke is the coeditor of Barack Obama and African American Empowerment: The Rise of Black America’s New Leadership and Seeking Higher Ground: The Hurricane Katrina Crisis Race and Public Policy Reader (both with Manning Marable). Her writing has appeared in a number of journals including the Harvard Civil Rights, Civil Liberties Law Review, the Houston Law Review, the Howard Law Journal and the Harvard Law & Policy Review. She received her A.B. from Harvard University and her J.D. from Columbia Law School. All views expressed herein are hers alone.

Charles D. Cowan is Managing Partner of Analytic Focus LLC and has 40 years of experience in statistical research and design. He is the co-author of two books, one on evaluation of survey and census methods and one on econometric measures related to the health of the U.S. economy, plus numerous articles on statistical methods and population research. Dr. Cowan designed some of the most complex measurement programs conducted by the Federal Government, including the Census Bureau program to evaluate Decennial Census coverage and evaluation-of-research-quality studies conducted for the Justice, Education, Defense, Housing and Urban Development, and the Treasury Departments. He also provides expert advice to corporations and government agencies on statistical methods to quantify the size of hard-to-count populations. These include nomadic populations in Somalia, the Census undercount and overcount in Egypt, flows of migrant workers in the U.S., and the number of homeless persons and families needing services in several large cities.

David Michael Guinn teaches constitutional law and civil liberties at Baylor University School of Law in Waco. He has been redistricting political subdivisions since 1978, and has participated in redistricting over 100 political subdivisions, including counties, cities, and school boards. He also served as Special Counsel to the Texas Legislative Council in regard to the redistricting of the Texas House and Senate in 1991 & 2001 and has been involved again in 2011-2012. He graduated from Baylor University School of Law in February 1963, and earned an LL. M. in International Law from the University of Michigan Law School in May 1966. Mr. Guinn is a member of the State of Texas bar and is admitted to practice before the Supreme Court of the United States. He is a member of the American Bar Association, the Supreme Court Historical Society and was selected as a member of The Fellows of the American Bar Association. He has served on the University Tenure Committee, Faculty Representative to the NCAA, and works with the Big 12 Conference.

C. Robert Heath, one of the founding partners of Bickerstaff Heath Delgado Acosta LLP–a 30-lawyer firm with offices in Austin, Dallas, El Paso and Houston–has been involved in redistricting since 1971. He has represented hundreds of governmental entities in drawing districts and obtaining preclearance from the Department of Justice. In addition, he has represented many governments in significant federal voting rights litigation in Texas and in the District of Columbia district courts, in the Fifth Circuit, and in the U.S. Supreme Court. These cases include Chen v. City of Houston and Lepak v. City of Irving, both of which present the issue of whether non-citizens should be included in the apportionment base for one person-one vote purposes.

Dale Ho serves as Assistant Counsel in the Political Participation Group of the NAACP Legal Defense & Educational Fund, Inc., where his practice includes litigation under the Voting Rights Act, barriers to registration, and ballot access. He is a frequent speaker on elections law matters and has testified in state legislatures around the country on various electoral reforms. His writings have appeared or are forthcoming in various law reviews and journals, including the Florida Law Review, the Stanford Law and Policy Review, the Harvard BlackLetter Law Journal, and the NYU Journal of Legislation and Public Policy.

Candice Hoke is a law professor at Cleveland State University, where she focuses her research on the legal and policy issues generated by flawed software-based election technologies. Professor Hoke has served as a member of the American Bar Association’s Advisory Commission to the Standing Committee on Election Law (2007–2010), as a research Team Leader for the California Secretary of State’s scientific study of voting systems (TTBR, 2007), and as a member of the Cuyahoga Election Review Panel (2006), which examined the causes and specified cures for a major election failure. She is currently coauthoring a book (with computer scientist David Jefferson) that explains the risks and alternatives to Internet voting within the framework of voting rights and systemic election integrity. As director of the Center for Election Integrity, Professor Hoke served as Project Director of the Public Monitor of Cuyahoga Election Reform (2006–2008), authoring reports on election technical security. Under Public Monitor auspices, she proposed and led Ohio’s first post-election audit of cast ballots.

Elizabeth L. Howard is an attorney at Sandler Reiff Young & Lamb and a Co-Chair of the Elections Committee of the ABA’s Section of Administrative Law and Regulatory Practice. Her practice includes election law representation of candidates, state and national parties, federal and state PACs and nonprofit organizations as well as trial practice involving federal and state recounts and campaign finance issues. Prior to joining the firm, Ms. Howard acquired extensive experience in political campaigns at a state and national level. In addition, she served as the Chief Financial Officer of the Tennessee Democratic Party and as Assistant to the Governor for Boards and Commissions in Governor Bredesen’s administration. She received her J.D. from William and Mary School of Law, where she founded the nation’s first Election Law Society.

Michael S. Kang teaches Election Law, Business Associations and a seminar on Law and Democratic Governance. His research focuses on issues of election law, voting and race, and political science. Professor Kang’s work has been published by the Yale Law Journal, N.Y.U. Law Review and Michigan Law Review, among others. Professor Kang also serves as co-editor of the book series Cambridge Studies in Election Law and Democracy and co-authored a chapter for the first book in the series, Race, Reform, and Regulation of the Electoral Process. Professor Kang received his BA and JD from the University of Chicago, where he served as technical editor of the University of Chicago Law Review and graduated Order of the Coif. He received an MA from the University of Illinois and his PhD in government from Harvard University. After law school, Professor Kang clerked for Judge Michael S. Kanne of the U.S. Court of Appeals for the Seventh Circuit and worked in private practice at Ropes & Gray in Boston before joining the Emory Law faculty in 2004.

Marguerite Mary Leoni is a partner at Nielsen, Merksamer, Parrinello, Gross & Leoni, where she heads the practice relating to voting rights, redistricting, and school district reorganizations and focuses on election, government, and initiative/referendum law. She has represented the California Administrative Office of the Courts on federal Voting Rights Act issues and electoral questions pertaining to trial court unification in California. She has also represented the Florida Senate in designing that state’s 2001 Senate and Congressional districts, Voting Rights Act preclearance, and in defending against ensuing state and federal court challenges. She has served as legal counsel to the consultant to Arizona’s Independent Redistricting Commission for the 2001 redistricting of state legislative and congressional seats. Ms. Leoni earned a Bachelor of Arts and Master of Arts degrees from the University of California, Berkeley, and a law degree from the University of California, Hastings College of the Law. She has published articles about Voting Rights Act issues and is a frequent panelist on redistricting and voting rights issues.

Justin Levitt, professor of constitutional law and the law of democracy at Loyola Law School, Los Angeles, is a national expert in election law. Levitt has testified before committees of the U.S. Senate and state legislative bodies, and his research has been cited extensively in the media and the courts, including the U.S. Supreme Court; he also maintains All About Redistricting (redistricting.lls.edu), a website devoted to redistricting law nationwide. Levitt has served in various capacities for several presidential campaigns, including as the National Voter Protection Counsel in 2008, helping to run an effort ensuring that tens of millions of citizens could vote and have those votes counted. He was a law clerk to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and graduated magna cum laude with a law degree and a masters degree in public administration from Harvard University, where he was an articles editor for the Harvard Law Review.

Robert D. Meyers is a member of the law firm of Ford & Harrison, LLP in its Memphis, Tennessee office. He is certified as a Civil Trial Specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Robert focuses his practice on the representation of employers in labor and employment matters. He has defended companies and individuals before courts in Tennessee, Mississippi, Arkansas, Alabama, Texas, Georgia, Louisiana, Indiana, and Virginia. In addition to his employment litigation experience, he also has extensive experience representing public employers in claims brought under § 1983. He is admitted to practice in Tennessee, Arkansas, and the District of Columbia. He is a member of the Memphis Bar Association, Tennessee Bar Association, American Bar Association, the Defense Research Institute—Employment Law Committee and Civil Rights and Government Tort Liability Committee, and Federation of Defense and Corporate Counsel. Additionally, Robert serves on the Shelby County Tennessee Election Commission and is currently its Chairman.

Terry Ao Minnis is the director of the census and voting programs for the Asian American Justice Center, a member of the Asian American Center for Advancing Justice. She also co-chairs the Leadership Conference on Civil and Human Rights’ Census Task Force and the National Council of Asian Pacific Americans’ Civil Rights Committee. She served on the U.S Department of Commerce’s 2010 Census Advisory Committee from 2002 until its charter ended in 2011. Ms. Minnis has published several articles, including When the Voting Rights Act Became Un-American: The Misguided Vilification of Section 203, published in the Alabama Law Review. Ms. Minnis has been counsel on numerous amicus briefs filed before the Supreme Court, including in the matter of Northwest Austin Municipal Utility District Number One v. Holder and in Crawford v. Marion County Election Board. Ms. Minnis was also counsel on a joint amicus brief with MALDEF in Bartlett v. Strickland. Ms. Minnis received her J.D., cum laude, from American University Washington College of Law and her B.S. in economics at the University of Chicago.

Steven J. Mulroy fights our nation’s critical shortage of lawyers by training new ones at the University of Memphis’ law school, where he somehow managed to get tenure and where he teaches, inter alia, constitutional law and civil rights. He litigated redistricting and method-of-election cases for the U.S. Justice Department’s Voting Section during the 1990s, including cases decided by the Supreme Court, with varying levels of success. As a law professor, he has litigated a number of voting rights and election cases in state and federal court, including the Village of Port Chester case discussed in his book chapter, and has published scholarly articles regarding alternative election systems and the 2000 presidential election controversy. In a testament to masochism, since 2006 he has served as an elected County Commissioner in the Memphis, TN area. His hobbies include phlebotomy and high-impact skydiving.

Steven P. Perlmutter, a partner at Robinson & Cole, LLP in Boston, has been a trial and appellate lawyer for 37 years. He has been lead defense counsel in many of the major Voting Rights Act redistricting cases that have been tried in federal court in Massachusetts over the last 30 years. He has successfully defended the Commonwealth of Massachusetts and the City of Boston and other cities in Massachusetts against Section 2 challenges to multi-member, single-member, and mixed districts as well as challenges based on the principle of one person—one vote and the lack of bilingual materials and assistance under Section 203 of the Voting Rights Act. The cases he has tried include Meza v. Galvin (D. Mass. 2004), Black Political Task Force v. Galvin (D. Mass. 2004), Vecinos De Barrio Uno v. City of Holyoke (1st Cir. 1995), Vecinos DeBarrio Uno v. City of Holyoke (D. Mass. 1997), Black Political Task Force v. Connolly (D. Mass. 1988), and Latino Political Action Committee v. City of Boston (D. Mass. 1985), aff’d (1st Cir. 1986).

Estelle H. Rogers is the Legislative Director at Project Vote, a national organization dedicated to promoting civic engagement by facilitating voter registration and ensuring voting rights. Her legal work has centered on voting and election administration issues since the summer of 2004, when she returned from a year in Moscow, Russia, teaching advocacy skills to public interest lawyers. Rogers is the author of The National Voter Registration Act at Fifteen, a 2009 report published by Project Vote, as well as two Issue Briefs for the American Constitution Society on the same subject. A member of the American Bar Association House of Delegates for many years, her current leadership roles in the ABA include service on the Advisory Committee of the Standing Committee on Election Law. Rogers is a graduate of the University of Chicago and the University of Maryland Law School.

Karuna Seshasai is a JD candidate at George Washington University School of Law. She served as a summer associate at Sandler, Reiff, Young & Lamb, PC in 2011 where she worked on issues including state and federal campaign finance, lobbying restrictions and candidate qualification requirements. Seshasai has provided political consulting for numerous local, state and federal campaigns across the country and worked as a research associate at New Partners Consulting. She is a University of Michigan graduate with honors with a degree in Political Science and French.

Chris Skinnell is a senior associate in the litigation section of Nielsen, Merksamer, Parrinello, Gross & Leoni, where he specializes in civil litigation relating to elections, redistricting and voting rights matters, state and local initiative and referendum law, campaign finance compliance and litigation, lobbying compliance and government ethics, and general constitutional and government law litigation. In addition to working on various rights lawsuits under the federal and California Voting Rights Acts, counseling public bodies on post-Census adjustment of electoral boundaries, and preparing preclearance submissions to the U.S. Department of Justice under Section 5 of the Voting Rights Act, he has published and lectured extensively on voting rights and redistricting. Prior to law school, Chris worked as the lead researcher and demographic consultant on numerous redistricting and voting rights projects at the Rose Institute of State and Local Government, and also served as the demographic consultant on several municipal redistricting projects.

Hans A. von Spakovsky is a Senior Legal Fellow in the Center for Legal & Judicial Studies at The Heritage Foundation. He is a former Commissioner on the Federal Election Commission (2006-2007) and the former Counsel to the Assistant Attorney General for Civil Rights at the U.S. Department of Justice (2002-2005). He served as a member of the first Board of Advisors of the U.S. Election Assistance Commission and is Vice-Chairman of the Fairfax County Electoral Board (Virginia). He is the former Vice-Chairman of the Fulton County Registration and Election Board (Georgia) and a member of the Virginia Advisory Board to the U.S. Commission on Civil Rights. He is a 1984 graduate of the Vanderbilt University School of Law and received a B.S. from the Massachusetts Institute of Technology in 1981. He provided advice to the Commission on Federal Election Reform organized by President Jimmy Carter and Secretary James Baker and has published numerous articles on election and voting-related issues.

Harvey M. Tettlebaum is a partner at Husch Blackwell LLP and a recognized expert in the Health Care, Election and Administrative Law areas. He is a member of the Firm’s Health Care, Litigation, Governmental Ethics and Election Law, Regulatory Affairs and Appellate Practice Departments and runs the Firm’s Jefferson City Office. He is active in the American Health Lawyers Association, having served on its Board of Directors, as Chair of the Long Term Care and the Law Program, and Chair of the Long Term Care, Senior Housing In-Home Care and Rehabilitation practice group. He has also served as Chair of several committees in the Missouri Bar Association and currently serves as Vice-Chair of the Board of Directors of the Legal Aid of Missouri Statewide Program, Inc. He is a member of the American Bar Association’s Standing Committee on Election Law and a Fellow of the American Bar Foundation. Mr. Tettlebaum is listed in The Best Lawyers in America, Who’s Who In America, Who’s Who In The Law, and Who’s Who In Politics.

Abigail Thernstrom received her Ph.D. in 1975 from the Department of Government, Harvard University. She is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts state Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. Her most recent book is Voting Rights—and Wrongs: The Elusive Quest for Racially Fair Elections (AEI Press, June 2009). In 2007 she and her husband, Stephan Thernstrom were the recipients of a prestigious Bradley Foundation prize for Outstanding Intellectual Achievement. For more biographical information, see www.thernstrom.com

Mary G. Wilson served as the 17th president of the League of Women Voters of the United States (LWVUS) and chair of the League of Women Voters Education Fund. Prior to becoming President, she served as LWVUS Board Advocacy Chair, and helped guide the League in its Democracy Agenda, an advocacy and public education effort to strengthen and renew the basic tenets of American democracy. Ms. Wilson, a graduate of the University of Denver College of Law, is an attorney with 36 years of experience in diverse fields of practice including estate planning, regulatory compliance, commercialization and privatization, corporate and environmental law. She is a partner in The Law Offices of Wilson & Associates, P.C., Albuquerque, NM.

Andrew J. Whalen III is principal of The Whalen Law Firm, based in Griffin, Georgia. Since the mid-1980s, Mr. Whalen has devoted a substantial portion of his practice to the representation of municipal government clients, including defense litigation for participants in the Georgia Interlocal Risk Management Agency. In 1996, Mr. Whalen drafted the ordinances creating Georgia’s first stormwater management utility in the City of Griffin. Mr. Whalen served as general counsel for the Still Water Branch Regional Reservoir and Water Treatment Project in Pike County, Georgia, from 1993 until its completion in 2005. This $50 million facility supplies treated drinking water for four counties in west central Georgia through 2050. Mr. Whalen has been

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