The Law of Electoral Reform
Course Syllabus
Fall 2008

(Download PDF)

John Hardin Young, Adjunct Professor
young (at) sandlerreiff.com
(202) 479-1111

Class Meetings
There will be two all-day class meetings for a combined total of 700 instructional minutes. 

Session 1 – Saturday, September 20, 10:00am – 5:00pm
Session 2 – Saturday, October 4, 10:00am – 5:00pm

Both class meetings will be held in Washington, D.C. at the William & Mary Washington Office’s classroom in Dupont Circle.  Students are responsible for arranging their own transportation and accommodations.  I will furnish you with a class roster so you may coordinate carpooling or sharing hotel rooms, if desired.

William & Mary Washington Office
1779 Massachusetts Ave, NW, Suite 810
Washington, DC 20036
http://www.wm.edu/dcoffice

Description
This course will focus on four aspects of the electoral reform movement: voter registration and identification; means of voting; redistricting; and the Electoral College. This course will examine some of these recent changes, including the affects of Crawford v. Marion Co. Election Bd., on the way in which we vote in the United States, and will consider how to best protect both the integrity and the reliability of our voting process.

Reading
A list of the required readings is attached.  You are expected to complete the readings in preparation for each class.  A separate list of suggested readings is also attached and you may find it helpful for choosing paper topics and as possible paper sources.

Grading
Grades will be determined primarily from a final paper (discussed below).  Attendance is mandatory for passing the class.  Furthermore, I also reserve the right to adjust any grade up or down one increment (i.e., B to B- or B+ to A-) based upon class participation.

Final Paper
You must write a paper on the topic of your choosing, so long as it is related to any of the required reading assignments, class discussions, or suggested readings on the attached “Recommended Paper Sources.”  The paper must be between 10-12 double-spaced pages and submitted to me via email
young(at)sandlerreiff.com no later than Wednesday, December 17, 2008 at 5:00 p.m.

Required Reading Assignments

Session 1 – Saturday,

Current Standards

• Reynolds v. Sims, 377 U.S. 533 (1964)
• Harper v. Virginia Bd. of Elections, 383 U.S. 663 (1966)
• Bush v. Gore, 531 U.S. 989 (2000)
• Georgia v. Ashcroft, 539 U.S. 461 (2003)
• Crawford v. Marion Co. Election Bd., 128 S.Ct. 1610 (2008)
• THE FEDERALIST No. 68 (Alexander Hamilton)
• AMERICAN BAR ASSOCIATION, GUIDELINES FOR THE FAIR ADMINISTRATION OF ELECTIONS
• THOMAS H. NEALE, THE ELECTORAL COLLEGE: HOW IT WORKS IN CONTEMPORARY PRESIDENTIAL ELECTIONS, Cong. Research Service, CRS Rep. No. RL32611 (2004).

Session 2 – Saturday,

Options for Reform

• BRENNAN CENTER FOR JUSTICE, THE MACHINERY OF DEMOCRACY: PROTECTING ELECTIONS IN AN ELECTRONIC WORLD (2006)
• NATIONAL ASSOCIATION OF SECRETARIES OF STATE, THE CASE FOR REGIONAL PRESIDENTIAL PRIMARIES IN 2012 AND BEYOND (2008)
• JUSTIN LEVITT, BRENNAN CENTER FOR JUSTICE, THE TRUTH ABOUT VOTER FRAUD (2007)
• Thomas Mann, Redistricting Reform, NAT. VOTER, June 2005, at 4. 
• NICHOLAS STEPHANOPOULOS, AMERICAN CONSTITUTIONAL SOCIETY, REFORMING REDISTRICTING: WHY POPULAR INITIATIVES TO ESTABLISH REDISTRICTING COMMISSIONS SUCCEED OR FAIL (2007)

Recommended Readings

MICHAEL WALDMAN, A RETURN TO COMMON SENSE: SEVEN BOLD WAYS TO REVITALIZE DEMOCRACY (Brennan Center for Justice, 2008)

Susan M. Boland & Therese Clark Arado, O Brave New World?  Electronic Voting Machines and Internet Voting:  An Annotated Bibliography, 27 N. ILL. U. L. REV. 313 (2007)

Christopher S. Elmendorf, Structuring Judicial Review of Electoral Mechanics: Explanations and Opportunities, 156 U. PA. L. REV. 313 (2007)