BiblioVault - Books about Election Law

Democracy Vouchers and the Promise of Fairer Elections in Seattle

Jennifer A. Heerwig and Brian J. McCabe

Temple University Press, 2024

The Embattled Vote in America

From the Founding to the Present

Allan J. Lichtman

Harvard University Press, 2020

“A sweeping look at the history of voting rights in the U.S.”—Vox

Who has the right to vote? And who benefits from exclusion?

For most of American history, the right to vote has been a privilege restricted by wealth, sex, race, and literacy. Economic qualifications were finally eliminated in the nineteenth century, but the ideal of a white man’s republic persisted long after that. Women and racial minorities had to fight hard and creatively to secure their voice, but voter identification laws, registration requirements, and voter purges continue to prevent millions of American citizens from voting.

An award-winning historian and voting right activist, Allan Lichtman gives us the history behind today’s headlines. He shows that political gerrymandering and outrageous attempts at voter suppression have been a fixture of American democracy—but so have efforts to fight back and ensure that every citizen’s voice be heard.

“Lichtman uses history to contextualize the fix we’re in today. Each party gropes for advantage by fiddling with the franchise… Growing outrage, he thinks, could ignite demands for change. With luck, this fine history might just help to fan the flame.”
—New York Times Book Review

“The great value of Lichtman’s book is the way it puts today’s right-wing voter suppression efforts in their historical setting. He identifies the current push as the third crackdown on African-American voting rights in our history.”
—Michael Tomasky, New York Review of Books

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The Future of the Voting Rights Act

David Epstein

Russell Sage Foundation, 2006

The Voting Rights Act (VRA) stands among the great achievements of American democracy. Originally adopted in 1965, the Act extended full political citizenship to African-American voters in the United States nearly 100 years after the Fifteenth Amendment first gave them the vote. While Section 2 of the VRA is a nationwide, permanent ban on discriminatory election practices, Section 5, which is set to expire in 2007, targets only certain parts of the country, requiring that legislative bodies in these areas—mostly southern states with a history of discriminatory practices—get permission from the federal government before they can implement any change that affects voting. In The Future of the Voting Rights Act, David Epstein, Rodolfo de la Garza, Sharyn O'Halloran, and Richard Pildes bring together leading historians, political scientists, and legal scholars to assess the role Section 5 should play in America's future. The contributors offer varied perspectives on the debate. Samuel Issacharoff questions whether Section 5 remains necessary, citing the now substantial presence of blacks in legislative positions and the increasingly partisan enforcement of the law by the Department of Justice (DOJ). While David Epstein and Sharyn O'Halloran are concerned about political misuse of Section 5, they argue that it can only improve minority voting power—even with a partisan DOJ—and therefore continues to serve a valuable purpose. Other contributors argue that the achievements of Section 5 with respect to blacks should not obscure shortcomings in the protection of other groups. Laughlin McDonald argues that widespread and systematic voting discrimination against Native Americans requires that Section 5 protections be expanded to more counties in the west. Rodolfo de la Garza and Louis DeSipio point out that the growth of the Latino population in previously homogenous areas and the continued under-representation of Latinos in government call for an expanded Section 5 that accounts for changing demographics. As its expiration date approaches, it is vital to examine the role that Section 5 still plays in maintaining a healthy democracy. Combining historical perspective, legal scholarship, and the insight of the social sciences, The Future of the Voting Rights Act is a crucial read for anyone interested in one of this year's most important policy debates and in the future of civil rights in America.

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Improper Influence

Campaign Finance Law, Political Interest Groups, and the Problem of Equality

Thomas Gais

University of Michigan Press, 1998

Why is there still so much dissatisfaction with the role of special interest groups in financing American election campaigns, even though no aspect of interest group politics has been so thoroughly regu-lated and constrained? This book argues that part of the answer lies in the laws themselves, which prevent many hard-to-organize citizen groups from forming effective political action committees (PACs), while actually helping business groups organize PACs.
Thomas L. Gais points out that many laws that regulate group involvement in elections ignore the real difficulties of political mobilization, and he concludes that PACs and the campaign finance laws reflect a fundamental discrepancy between grassroots ideals and the ways in which broadly based groups actually get organized.
". . . . of fundamental scholarly and practical importance. The implications for 'reform' are controversial, flatly contradicting other recent reform proposals . . . . I fully expect that Improper Influence will be one of the most significant books on campaign finance to be published in the 1990s." --Michael Munger, Public Choice
"It is rare to find a book that affords a truly fresh perspective on the role of special interest groups in the financing of U.S. elections. It is also uncommon to find a theoretically rigorous essay confronting a topic usually grounded in empirical terms. . . . Improper Influence scores high on both counts and deserves close attention from students of collective action, campaign finance law, and the U.S. political process more generally." --American Political Science Review
Thomas L. Gais is Senior Fellow, The Nelson A. Rockefeller Institute of Government, State University of New York.

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Representation Rights and the Burger Years

Nancy Maveety

University of Michigan Press, 1991

In Representation Rights and the Burger Years, political scientist Nancy Maveety tackles the constitutional meaning of "fair and effective" representation rights and evaluates the specific contributions that the Supreme Court made to this definition during the Burger era.

The Court of Chief Justice Warren Burger has been described as one that made no distinctive jurisprudential contributions. It has been dismissed as a court overshadowed by both its predecessor and its successor. By contrast, Maveety argues that the Burger Court in fact revolutionized constitutional understandings of political representation, expanding, in particular, the judicial scrutiny of political institutions. Moving beyond the "one person, one vote" reapportionment initiated by the Warren Court, it opened the way for the articulation of group-based constitutional representation rights.

This group-based approach to representation questions broadened groups' constitutional claims to equal political influence. Yet, as Maveety perceptively shows, this broader interpretation of "representable interests" was grounded in mainstream American conceptions of political representation. The great value of Maveety's study is the presentation of a "typology of group representation," which explains and validates the Burger Court's work on representation rights. This typology, drawn from American history, political theory, and political practice, offers a new approach for evaluating the precedental record of the Burger years and a sophisticated framework for understanding the interaction between constitutional law and politics.

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