About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

62 Howard L.J. 739 (2018-2019)
The Dignity Problem of American Election Integrity

handle is hein.journals/howlj62 and id is 779 raw text is: 

        The Dignity Problem of American
                       Election Integrity

                             ATIBA R. ELLISt

     Recent election-related litigation has once again raised the ques-
tion of whether the right to vote is at risk. Litigation concerning more
stringent rules regarding voter participation (such as voter identi-
fication laws) has raised the question of whether some states are inci-
dentally (or purposefully and with an intent to discriminate)
disenfranchising voters. Moreover, litigation around the exclusion of
felons from voting during the 2016 election cycle has brought to the
fore concerns about the dynamics of inclusion and exclusion in the
administration of the right to vote.
     Yet the laws that gave rise to what is now a decade of litigation
over voter qualifications and the right to participate stem from the
view that these laws are necessary to protect the integrity of the elec-
toral process. Although facially neutral voter identification laws are
presumptively constitutional under the Court's test in Crawford v.
Marion County,1 these recent voting regulations have been questioned
in numerous lawsuits around the country.2 These lawsuits have raised

    t Professor of Law, Marquette University Law School, atiba.ellis@marquette.edu. The
author first wishes to thank Professor Andrew Gavil and the staff of the Howard Law Journal
for the invitation to present and publish this paper. The author would like to thank all that
provided feedback on this research project. Additionally, the author wishes to acknowledge
helpful discussions of early drafts of this paper during the faculty workshop at the University of
South Carolina School of Law and a later draft at the 2018 Classcrits conference held at the West
Virginia University College of Law. The author also wishes to acknowledge the material support
of this research provided by Dean Gregory Bowman and the Hodges Research Fund of the West
Virginia University College of Law and Dean Joe Kearney and the research fund of Marquette
University Law School. Finally, the author wishes to acknowledge Khatija Choudry and Aliya
Manjee for their helpful research assistance. All errors are the author's responsibility.
    1. Crawford v. Marion Co. Election Bd., 553 U.S. 181, 189-90 (2008).
    2. Frank v. Walker, 819 F.3d 384, 388 (7th Cir. 2016) (holding that plaintiffs who could not
obtain qualifying voter identification through reasonable effort were entitled to relief); see gener-
ally Veasey v. Abbott, 830 F.3d 216 (5th Cir. 2016) (holding that Texas's voter identification law
2019 Vol. 62 No. 3

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most