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4 Election L.J. 1 (2005)

handle is hein.journals/enlwjr4 and id is 1 raw text is: ELECTION LAW JOURNAL Volume 4, Number 1, 2005 © Mary Ann Liebert, Inc. The Party Line DANIEL H. LOWENSTEIN and RICHARD L. HASEN A S THIS PARTY LINE GOES TO BED (where it joins the rest of the issue, which has been slumbering peacefully for a couple of weeks), the United States has just completed one of the most contentious (and litigious) presidential elections in recent memory. From 527s, to bal- lot access issues, to disputes over provisional ballots under the Help America Vote Act (HAVA), the courts were a significant battle- field during the campaign. Fortunately for the sake of the election process, the margin of vic- tory appears to be large enough to preclude post-election litigation that could affect the out- come of the presidential race. There is much to say about how law shaped the 2004 election process and how law might influence elections in the future. We plan to de- vote a special issue of ELJ to the topic of elec- tion law issues that were raised or emerged during the 2004 election, and welcome your submissions. You can find a call for papers and information about our peer review process on our website. In our second volume, we published an ex- tensive political analysis of this decade's con- gressional redistricting by our Associate Edi- tor, Sam Hirsch. Hirsch has represented Democrats in much of the redistricting around the country. We wanted to supplement his ar- ticle with an equally comprehensive treatment of this decade's redistricting litigation. We ac- complish that objective with this issue's only main article, by Michael A. Carvin and Louis K. Fisher, attorneys at Jones Day who, like Hirsch, have participated in redistricting law suits in many states. But Carvin and Fisher have been on the side of the Republicans. Their article is the longest we have run to date in ELJ, but we believe the subject clearly war- rants it. Carvin and Fisher address four major issues: partisan gerrymandering; influence claims under Section 2 of the Voting Rights Act; malapportionment claims in non-congressional elections in which the population disparities are under ten percent; and attacks on mid-decade redistricting. Their article, like Hirsch's, con- tains an unmistakable partisan perspective. Also like Hirsch's article, Carvin and Fisher's should be informative and stimulating, even for those whose partisan ox may be gored. Of course, the decade is not quite half over. The issues analyzed by Carvin and Fisher are still being fought out, and new issues may yet emerge. We will continue to cover develop- ments and controversies over redistricting, both in main articles and, where scheduling permits, in Supreme Court case previews. This issue contains a case preview, albeit not in a redistricting case. Richard Briffault pre- views Clingman v. Beaver, a case out of the Tenth Circuit at the intersection of the Supreme Court's jurisprudence on the associational rights of political parties and its treatment of third party candidacies. Election law scholars in the United States have increasingly turned to other countries to put U.S. practices in comparative perspective. Andrew Geddis offers some general observa- tions on comparative election law in his review of a new volume by Louis Massicotte, Andr6 Blais, and Antoine Yoshinaka. In this issue, the cases at the back of the book are preceded by notes by Associate Ed- itor Sam Hirsch, summarizing the cases. Next issue we will introduce additional features to make that section of ELJ more user-friendly. 1

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