Contested Election Cases in the House of Representatives: 1933 to 2009

Contested Election Cases in the House of Representatives: 1933 to 2009

Date: November 2, 2010
Creator: Whitaker, L. Paige
Description: From 1933 to 2009 (the 73rd Congress through the 111th Congress), the U.S. House of Representatives considered 107 contested election cases. The summaries of contested election cases contained in this report focus primarily on the nature of the contest and the disposition of the case. For more detailed information regarding each contest, it is important to consult relevant House records. This report examines only cases considered by the House of Representatives involving the question of whether a Member-elect was duly elected.
Contributing Partner: UNT Libraries Government Documents Department
Congressional Redistricting and the Voting Rights Act: A Legal Overview

Congressional Redistricting and the Voting Rights Act: A Legal Overview

Date: April 2, 2013
Creator: Whitaker, L. Paige
Description: This report provides a legal overview of two key provisions of the Voting Rights Act (VRA) affecting congressional redistricting — Sections 2 and 5 — and selected accompanying Supreme Court case law. It examines a pending Supreme Court case, Shelby County, Alabama v. Holder, challenging the constitutionality of Section 5. It also provides a summary of selected legislation in the 112th and 113th Congresses that would establish additional requirements and standards for congressional redistricting.
Contributing Partner: UNT Libraries Government Documents Department
The Constitutionality of Campaign Finance Regulation: Buckley v. Valeo and Its Supreme Court Progeny

The Constitutionality of Campaign Finance Regulation: Buckley v. Valeo and Its Supreme Court Progeny

Date: November 18, 2008
Creator: Whitaker, L. Paige
Description: This report first discusses the key holdings enunciated by the Supreme Court in Buckley, including those upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court's extension of Buckley in several subsequent cases, evaluating them in various regulatory contexts: contribution limits, expenditure limits, disclosure requirements, and political party soft money and electioneering communication restrictions.
Contributing Partner: UNT Libraries Government Documents Department
Procedures for Contested Election Cases in the House of Representatives

Procedures for Contested Election Cases in the House of Representatives

Date: November 4, 2010
Creator: Maskell, Jack & Whitaker, L. Paige
Description: Under the U.S. Constitution, each House of Congress has the express authority to be the judge of the "elections and returns" of its own Members. Although initial challenges and recounts for the House are conducted at the state level, under the state's authority to administer federal elections, continuing contests may be presented to the House, which, as the final arbiter, may make a conclusive determination of a claim to the seat. This report describes these procedures.
Contributing Partner: UNT Libraries Government Documents Department
House Contested Election Cases: 1933 to 2005

House Contested Election Cases: 1933 to 2005

Date: October 26, 2006
Creator: Whitaker, L. Paige
Description: This report provides a summary of contested election cases from the 73rd Congress through the 109th Congress, 1933 to 2005. The descriptions primarily provide information concerning the nature of the action and the disposition of the case. The summary is limited to only those cases that were considered by the House of Representatives; cases decided at the state level are beyond the scope of this report.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: September 28, 2001
Creator: Whitaker, L. Paige
Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance Law and the Constitutionality of the "Millionaire's Amendment": An Analysis of Davis v. Federal Election Commission

Campaign Finance Law and the Constitutionality of the "Millionaire's Amendment": An Analysis of Davis v. Federal Election Commission

Date: July 17, 2008
Creator: Whitaker, L. Paige
Description: In a 5-to-4 decision, the Supreme Court struck down a provision of the Bipartisan Campaign Reform Act of 2002 (BCRA), also known as the McCain-Feingold law, establishing increased contribution limits for congressional candidates whose opponents significantly self-finance their campaigns. This provision is frequently referred to as the "Millionaire's Amendment." The Court found that the burden imposed on expenditures of personal funds is not justified by the compelling governmental interest of lessening corruption or the appearance of corruption and, therefore, held that the law is unconstitutional in violation of the First Amendment.
Contributing Partner: UNT Libraries Government Documents Department
The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board

The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board

Date: May 19, 2008
Creator: Whitaker, L. Paige
Description: In a splintered decision issued in April 2008, the Supreme Court upheld an Indiana statute requiring identification for voting, determining that lower courts had correctly decided that the evidence in the record was insufficient to support a facial attack on the constitutionality of the law. Written by Justice Stevens, the lead opinion in Crawford v. Marion County Election Board finds that the law imposes only "a limited burden on voters' rights," which is justified by state interests.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance Reform and Incentives to Voluntarily Limit Candidate Spending From Personal Funds: Constitutional Issues Raised by Public Subsidies and Variable Contribution Limits

Campaign Finance Reform and Incentives to Voluntarily Limit Candidate Spending From Personal Funds: Constitutional Issues Raised by Public Subsidies and Variable Contribution Limits

Date: March 22, 2001
Creator: Whitaker, L. Paige
Description: The Supreme Court in Buckley v. Valeo ruled that spending limits, including the amount a candidate can spend on his or her own campaign from personal funds (also known as personal fund expenditure limits) are unconstitutional. The Court did, however, uphold a system of spending limits, on the condition that they are voluntarily accepted in exchange for some form of public financing. As a result of these Court rulings, the concept of various incentives toward voluntary compliance with a personal funds expenditure limit has been developed. This report discusses some constitutional issues raised by two such incentives: public subsidies and variable contribution limits.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Date: March 20, 2001
Creator: Whitaker, L. Paige
Description: Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements of expenditures over $10,000 for “electioneering communications,” which are defined to include broadcast ads that “refer” to federal office candidates, with identification of donors of $500 or more. S. 22 (Hagel/Landrieu) would increase and expedite current disclosure requirements under FECA. H.R. 380 (Shays/Meehan) would lower the current FECA threshold for contribution reporting from $200 to $50 and impose reporting requirements for soft money disbursements by persons other than political parties. This report will discuss some of the constitutional issues relating to these and other such disclosure requirements.
Contributing Partner: UNT Libraries Government Documents Department
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