Election and Political Law
Election and Political Law relate to every aspect of the electoral and political process, including the right to vote, campaign financing, and presidential election laws. This body of law is regulated by both state and federal statutes and regulations, as well as constitutional protections such as the right to vote.
One of the biggest areas of interest to election and political law in the last decade has been with regard to campaign finance. Complicated regulatory schemes have been set in place to prevent certain interests for exerting undue influence over a candidate through campaign contributions. These laws also help to prevent certain types of money laundering and other illegal activities disguised as political action funding.
Another hot topic since the famous legal and political dispute of the 2000 Gore v. Bush presidential campaign have been election laws. Each state has its own regulatory mechanism for conducting elections, validating ballots, and ensuring that those who wish to vote are given the rights promised to them under the Constitution. Unfortunately, with each state utilizing a separate set of rules, disputes as occurred after the 2000 presidential election (and several that followed) are sure to occur. Thus, this has become a surprisingly robust area of the law over the last few years, with numerous safeguards and other measures put in place to protect against similar questions of election results, sometimes with mixed results.
The resources below will provide you with additional information about election and political laws. Additionally, you can find an attorney in your area who specializes in these areas of the law by visiting our “Law Firms” page.
Elections and Politics Law - US
- Bipartisan Campaign Reform Act of 2002 (BCRA)
On March 27, 2002, President Bush signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), Public Law No. 107-155. The BCRA contains many substantial and technical changes to the federal campaign finance law.
- Elections in the United States - Overview
The United States has a federal government, with elected officials at the federal (national), state and local levels. On a national level, the head of state, the President, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected. There are many elected offices at the state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties and cities. It is estimated that across the whole country, over one million offices are filled in every electoral cycle.
- Federal Election Campaign Act - Library of Congress
The Federal Election Campaign Act of 1971 (FECA, Pub.L. 92-225, 86 Stat. 3, enacted February 7, 1972, 2 U.S.C. § 431 et seq.) is a United States federal law which increased disclosure of contributions for federal campaigns, and amended in 1974 to place legal limits on the campaign contributions. The amendment also created the Federal Election Commission (FEC).
- Federal Election Commission (FEC)
In 1975, Congress created the Federal Election Commission (FEC) to administer and enforce the Federal Election Campaign Act (FECA) - the statute that governs the financing of federal elections. The duties of the FEC, which is an independent regulatory agency, are to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.
- Political Parties in the United States
When America's founders wrote the U.S. Constitution in 1787, they did not envision political parties playing a role in the government. Rather, they expected constitutional provisions such as separation of powers, checks and balances, federalism and indirect election of the president by an electoral college would deter the formation of parties. Despite these provisions, the United States in 1800 became the first nation to develop political parties organized on a national level and to transfer executive power from one party to another via an election. By the 1830s, political parties were an established part of the U.S. political environment.
- Politics of the United States - Overview
The United States is a presidential, federal republic, in which the President of the United States (the head of state and head of government), Congress, and judiciary share powers reserved to the national government, and the federal government shares sovereignty with the state governments. Federal and state elections generally take place within a two-party system, although this is not enshrined in law.
- US Department of Justice - Federal Voting Rights Laws
The Voting Rights Act, adopted initially in 1965 and extended in 1970, 1975, and 1982, is generally considered the most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies and effectuates the 15th Amendment's permanent guarantee that, throughout the nation, no person shall be denied the right to vote on account of race or color. In addition, the Act contains several special provisions that impose even more stringent requirements in certain jurisdictions throughout the country.
- US Electoral College - Presidential Election Laws
This information has been compiled and published in pamphlet form by the Office of the Federal Register, National Archives and Records Administration, for use by the Executives and Electors of the several States in the performance of their duties in connection with Presidential Elections.
- Voting and Elections
Official information and services from the U.S. government.
Organizations Related to Elections and Politics Law
- Campaign Legal Center
The United States Congress enacts legislation regulating political spending, political advertising, and other campaign finance and media- related activities. The Legal Center analyzes pending legislation and seeks to educate the press and general public as to its potential effect.
- Election Defense Alliance (EDA)
"Election Defense Alliance (EDA) is a participatory organization of citizens collaborating at the local, state, and national levels to establish transparent vote counting, defend against electoral theft, and ensure that governments accountable to the people are legitimately elected."
- National Association of State Election Directors (NASED)
NASED was formed in 1989 when a group of state election directors and administrators met in Reno, Nevada. The driving issue at that time that spurred the group to organize was the concern that national networks were releasing presidential election results before all polls had closed. The recently enacted Help America Vote Act has increased the importance for communication and coordination among state election directors. Though the issues have changed somewhat over the years, the purpose of NASED has remained the same—to serve as an exchange of best practices and ideas.
Publications Related to Elections and Politics Law
- Election Law Blog
Deals with the law of politics and the politics of law: election law, campaign finance, legislation, voting rights, initiatives, redistricting, and the Supreme Court nomination process.
- Express Advocacy - A Political Law Blog
Welcome to Express Advocacy. This site is dedicated to a discussion of political law topics, including federal campaign finance, election administration, recounts and contests, federal lobbying, and congressional and executive branch ethics issues.
- Handbook of United States Election Laws and Practices: Political Rights
The U.S. Constitution guarantees fundamental civil rights for persons within the United States. Some civil rights are freedom of religion, speech, press, and assembly; protection against unreasonable searches and seizures and against excessive fines and punishments; the right to trial by jury; and protection against double jeopardy. State constitutions contain similar guarantees. Over the years, the Supreme Court has recognized fundamental rights not specifically noted in the Constitution. For example, the Court recognized freedom of association as part of the "liberty" protected by the due process clause of the Fourteenth Amendment and by the First Amendment. Congress and state legislatures have also enacted many civil rights laws.
Articles on HG.org Related to Elections and Politics Law
- Native American Woman Nominated to Federal BenchOn September 19, President Barack Obama announced that Diane J. Humetewa was a nominee for the US District Court for Arizona. The nomination was made in response to widespread requests for representation on the federal bench of Native American interests.
- Lessons on International and Constitutional Law Found in Current Syria DebateWhether you believe the current administration's handling of the dispute in Syria has been well handled or not, and whether you are for or against intervention, the back and forth process provides interesting insights into the processes of both international and constitutional law.
- Freedom of Information Act and PrivacyMost township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.
- Republican 2008 Presidential Election Tactics, Robo Calls and Negative Attack AdsA discussion of some of the tactics being employed in the 2008 Presidential Election to sow seeds of distrust and fear. The author asks whether the backlash against these tactics that are generating anger and fear among voters at political rallies will yet cause John McCain, a decent man with an honorable past, to repudiate the results of his own negative campaign ads and strategies.
- A Comparison of Contribution Limits in the 2008 Presidential ElectionAn in depth look at the specific contribution limits in the 2008 Presidential Election under current campaign election finance laws. The article also provides the latest news regarding contribution figures to the Obama campaign and allegations by the Democratic National Committee being made to the Federal Election Commission of donations received by the Republican candidate in excess of the individual contribution limit.
- Current Campaign Finance Laws for the 2008 Presidential ElectionA look at the current campaign election finance laws and current campaign contribution limits for the 2008 Presidential Election. The amounts that can be contributed to election campaigns have become even more important as the outcome of this election has become crucial to solving the current economic crisis.
- Allegations of Publishing and Broadcast Media Bias In the 2008 Presidential ElectionThe author of this article examines the allegations of publishing and media bias in the 2008 Presidential Election to determine if they were either fair or of any assistance to the Republican candidate. For the most part, the author concludes, such allegations have not been accurate, have been recognized as unfruitful and have fallen on deaf ears. Finally, as newspaper make their endorsements of the candidates they support, such allegations fall by the wayside completely.
- Answering Deposition Questions Like A Political Candidate In An Interview - Risky BusinessThe author shows how a politician, or a client acting like a politician in an interview, would answer deposition questions in this article. As cautioned by the author, attempts to evade the questions in a deposition by a deponent can lead to the filing of motions and fines being assessed against the deponent, but answers that are simply incomprehensible as some politician’s are, can be harder for a judge to evaluate.
- Allegations of Media Bias In The 2008 Presidential Election - What’s New?The author discusses the allegations made of media bias in the 2008 Presidential Election and finds that although some of the biased attacks have been in new forms, bias by news channels and broadcasters is, for better or worse, becoming more accepted in the media.
- The Marketing Of Presidential Candidates Using Trademarks and Campaign SlogansThe author of this article analyzes how candidates use slogans to market themselves to the voters. The writer also looks at trademarking and copyrighting slogans and advertising materials in the past and what might be tried in future election campaigns.
- All Government Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Government including: administrative law, case law, election and political law, federal law, government contracts, local, municipal and state law, military law, public law, regulatory law, US federal courts.