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Election law is a branch of public law that relates to the democratic processes,
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operat ...
of representatives and office holders, and
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
s, through the regulation of the
electoral system An electoral system or voting system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Electoral systems are used in politics to elect governments, while non-political elections m ...
, voting rights, ballot 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, counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived from them. It is a discipline falling at the juncture of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
and
political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and ...
, and involves "the politics of law and the law of politics".


History and the field

After the legally-contested
2000 United States presidential election The 2000 United States presidential election was the 54th quadrennial presidential election, held on Tuesday, November 7, 2000. Republican candidate George W. Bush, the governor of Texas and eldest son of the 41st president, George H. W. Bush ...
between George W. Bush and
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic ...
, the importance of election law has grown in the United States. According to the
National Law Journal ''The National Law Journal'' (NLJ) is an American legal periodical founded in 1978. The NLJ was created by Jerry Finkelstein, who envisioned it as a "sibling newspaper" of the ''New York Law Journal''. Originally a tabloid-sized weekly newspap ...
, election law "grew from a niche to multi million-dollar draw." The
UCLA The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California ...
election law professor Richard Hasen showed that in the United States, litigation rates have been soaring for two decades and hit record high during the 2020 election. Since the early 2000s, election law has been taught at most of the law schools throughout the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. American election law experts and academics are connected in the academic network founded by Daniel H. Lowenstein, professor at UCLA Law School, and
Richard L. Hasen Richard L. Hasen is an American legal scholar and law professor at the University of California, Los Angeles. He is an expert in legislation, election law and campaign finance. Early life and education Hasen received his Bachelor of Arts with h ...
. Lowenstein is considered the "pioneer" and the one who "invented" the election law. In 2000s, Lowenstein and Hasen edited the Election Law Journal and the election law mailinglist. As of 2022, Hasen manages the Election Law Blog and the mailing list. The Election Law Journal is an academic publication devoted to election law, currently edited by David Canon of the University of Wisconsin-Madison. Most of its articles deal with election law in the United States. According to the Routledge Handbook of Election Law, election law is a growing area globally. Voters around the world are increasingly challenging election results.
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
,
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...
,
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its ...
,
Kenya ) , national_anthem = " Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
, and
Malawi Malawi (; or aláwi Tumbuka: ''Malaŵi''), officially the Republic of Malawi, is a landlocked country in Southeastern Africa that was formerly known as Nyasaland. It is bordered by Zambia to the west, Tanzania to the north and northe ...
are some countries where courts have recently invalidated national elections or referendums. Electoral disputes are good for democracy, according to the book's editors. 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."


Issues

Some of the questions that are addressed by election law are: * Which people are entitled to vote in an
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operat ...
(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
candidate A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * ...
s 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 A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
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 A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
may organize their internal government, and how they select candidates to run for political office (e.g.
primary election Primary elections, or direct primary are a voting process by which voters can indicate their preference for their party's candidate, or a candidate in general, in an upcoming general election, local election, or by-election. Depending on the ...
s) * 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 district Congressional districts, also known as electoral districts and legislative districts, electorates, or wards in other nations, are divisions of a larger administrative region that represent the population of a region in the larger congressional bod ...
s, ridings or wards within a
Municipality A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
) * What restrictions are placed on campaign advocacy (such as rules on anonymous adds,
false advertising False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or servic ...
, and limits on
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
) * 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 A voting machine is a machine used to record votes in an election without paper. The first voting machines were mechanical but it is increasingly more common to use '' electronic voting machines''. Traditionally, a voting machine has been defi ...
or
electronic voting Electronic voting (also known as e-voting) is voting that uses electronic means to either aid or take care of casting and counting ballots. Depending on the particular implementation, e-voting may use standalone ''electronic voting machines'' ( ...
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 Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
and other
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
s 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


Regimes in comparative law


France

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.


Italy

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. If a fraud is proven by the judge, it does not cancel necessarily the elections, 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.


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 A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
– the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
– as well as the
legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
. At the local level, each of Mexico's 31 constituent states elects a
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
to serve a six-year term; they also elect legislative deputies who sit in state congresses, and municipal presidents ''(presidentes municipales,'' or
mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...
s).
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
, the national capital, elects a
head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
in lieu of a mayor, city assemblymen in lieu of state congressional deputies, and borough mayors in lieu of municipal mayors.


Philippines

The
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
,
vice-president A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...
, 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 A barangay (; abbreviated as Brgy. or Bgy.), historically referred to as barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is the native Filipino term for a village, district, or ward. In metropolita ...
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 The Sangguniang Panlungsod (SP) is the local legislative body of a city governments in the Philippines. The name of the legislative body comes from the Tagalog words "''sanggunian''" ("council") – ultimately from the rootword "''sangguni''" ( ...
/ 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 Pateros, officially the Municipality of Pateros ( tgl, Bayan ng Pateros), is the lone municipality of Metro Manila, Philippines. According to the 2020 census, it has a population of 63,643 people. This municipality is famous for its duck-rai ...
, the voter can not vote for any of the provincial-level positions.


Republic of the Congo


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 A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
, the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
, 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 A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, 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 A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and
legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for
special districts Special districts (also known as special service districts, special district governments, limited purpose entities, or special-purpose districts) are independent, special-purpose governmental units that exist separately from local governments such ...
and
school district A school district is a special-purpose district that operates local public primary and secondary schools in various nations. North America United States In the U.S, most K–12 public schools function as units of local school districts, w ...
s which may transcend county and municipal boundaries.


United Kingdom

In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, 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 Fixed-term Parliaments Act 2011 (c. 14) (FTPA) was an Act of the Parliament of the United Kingdom that for the first time set in legislation a default fixed election date for a general election to the Westminster parliament. Since the repea ...
. The Electoral Commission's mandate and establishment was set out in the
Political Parties, Elections and Referendums Act 2000 The Political Parties, Elections and Referendums Act 2000 (c. 41) is an Act of Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom. It formed an important ...
(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 The Electoral Administration Act 2006 is an Act of the Parliament of the United Kingdom, passed on 11 July 2006. Among its main provisions, the Act: * Provides a legislative framework for setting up a "Coordinated Online Record of Electors", kn ...
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

According to
University of Chicago Law The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many disti ...
Professor
Brian Leiter Brian Leiter (; born 1963) is an American philosopher and legal scholar who is Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago Law School and founder and Director of Chicago's Center for Law, Philosophy & Human Values. ...
, the most cited American election law scholars between 2016 and 2020 included
Samuel Issacharoff Samuel Issacharoff (born 1954) is an American law professor, whose scholarly work focuses on constitutional law, voting rights and civil procedure. Career Issacharoff graduated from Binghamton University in 1975 and Yale Law School in 1983. He w ...
,
Richard Pildes Richard H. Pildes is the Sudler Family Professor of Constitutional Law at the New York University School of Law and a leading expert on constitutional law, the Supreme Court, the system of government in the United States, and legal issues concern ...
, Richard Hasen,
Heather Gerken Heather Kristin Gerken (born ) is an American legal scholar who serves as the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School, where she teaches election law and runs the San Francisco Affirmative Litigation Project. Biography ...
, Richard Briffault, Nathaniel Persily, and Nicholas Stephanopoulos, respectively. Other notable election law experts and professors include David Schultz, Joshua Douglas, Ed Foley,
Guy-Uriel Charles Guy-Uriel E. Charles (born October 10, 1970) is an American legal scholar. Early life and education Charles is of Haitian descent. He earned a Bachelor of Arts degree in political science from Spring Arbor University in 1992, then attended the ...
,
Jessica Levinson Jessica Levinson is an American law professor and political commentator. Levinson teaches at Loyola Law School in Los Angeles, where she lectures in the areas of constitutional law, election law Election law is a branch of public law that rela ...
, Rebecca Green, Eugene Mazo,
Justin Levitt Justin Levitt is an American constitutional law scholar and professor at Loyola Law School. In September 2015, he left Loyola Law School to become the Deputy Assistant Attorney General in the United States Department of Justice Civil Rights Divisio ...
, in the U.S, Graeme Orr in Australia and
Jurij Toplak Jurij Toplak (born 1977) is a constitutional scholar, university administrator, election law, and human rights expert. He is a recurring visiting professor at the Fordham University School of Law in New York. From 2016 to 2022 he served as the pr ...
in Europe.


See also

* :Election law in the United Kingdom * Court of Disputed Returns *
Right of foreigners to vote In most countries, suffrage, the right to vote, is generally limited to citizens of the country. In some countries voting rights are extended to resident non-citizens. Such rights are often restricted or limited in some ways, with the details of th ...
*
Universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
*
Disfranchisement Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...


References


Further reading

* ''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 Pamela Susan Karlan (born 1959) is an American legal scholar who is the principal deputy assistant attorney general in the Civil Rights Division of the United States Department of Justice. She is on a leave of absence from Stanford Law School. A ...
& 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 Richard L. Hasen is an American legal scholar and law professor at the University of California, Los Angeles. He is an expert in legislation, election law and campaign finance. Early life and education Hasen received his Bachelor of Arts with h ...
& 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. *
Electoral Administration Act 2006 The Electoral Administration Act 2006 is an Act of the Parliament of the United Kingdom, passed on 11 July 2006. Among its main provisions, the Act: * Provides a legislative framework for setting up a "Coordinated Online Record of Electors", kn ...
* David Schultz &
Jurij Toplak Jurij Toplak (born 1977) is a constitutional scholar, university administrator, election law, and human rights expert. He is a recurring visiting professor at the Fordham University School of Law in New York. From 2016 to 2022 he served as the pr ...
. ''Routledge Handbook of Election Law''.
Routledge Routledge () is a British multinational publisher. It was founded in 1836 by George Routledge, and specialises in providing academic books, journals and online resources in the fields of the humanities, behavioural science, education, law ...
, 2022.


External links

* —A large online community and repository of electoral knowledge * Voting and Electio
Laws

Right to free elections
in the case law of the ECtHR
EL@M: Election Law @ Moritz


{{Authority control Political law Public law Subfields of political science