42838-elo_13 Sheet No. 57 Side A 12/23/2020 10:41:31 1 18 ...... 145 ENSUS ENSUS OF ...... 109 ,2012C UREAU B * MPLICATIONS I (2013). ENSUS ENSUS C TATE ROWN S -B ) 12/21/20 6:32 PM NTRODUCTION ATIONAL I (109) (109) YPE AND ELETE ...... 121 ...... 131 T D HOLDEN ...... 141 ...... 143 ,N ...... 133 C OT OT N ...... 128 ...... 130 ! O ITE ...... 140 I. (D S ...... 136 ...... 125 OUIS OUIS L ...... 113 RANCHISE RANCHISE RANCHISE DOCX ...... 1 F F RANCHISE ). RANCHISE F F F OLL ALLOT RANCHISE OVERNMENTS BY BY OVERNMENTS RANCHISE B P F IGHTS G F ...... PPROVED R IPPLES ISCRETION ENUMBRAS (A R P D OCAL OCAL INAL OCAL :L _F L ROWN ONCLUSION ITIGATING THE THE ITIGATING THE ICENSING MPLOYING THE THE MPLOYING ONING THE -B Cities sit at the center of contestation of constitutional values ILUTING THE THE ILUTING ROCURING THE THE ROCURING RANCHISING THERANCHISING THEUNDING RANCHISE RANCHISE RANCHISE Cities, Cities, localities, and municipalities are used interchangeably to refer to the 90,056 RANCHISING 1 NTRODUCTION I Deputy Director, Office of Strategic Initiatives, New York City Council. Affiliation is OVERNMENTS HOLDEN M K I. local local governments within the United States. U.S. X. F III. F IX. P II. F VI. F * G XIII. L C V. F XI. D IV. F VII. Z VIII. L XII. E XIV. C and are key arbiters of the accessibility and mutability of rights. Through Through a set of underreal- seven an play governments tools local rights, to that integral and adjacent shape and constrain activities operationalizinginreal,andin rolethem izedtherebyrights, making providedfor identification purposes only. The views expressed are theauthor’s alone and do not represent the position of any organization or person with whom he is presently or formerly affiliated. C Y 42838-elo_13 Sheet No. 57 Side A 12/23/2020 10:41:31 12/23/2020 57 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 57 Side B 12/23/2020 10:41:31 M K C Y .13 .2314, .2314, taken taken OL While 173, 173 EV and and the 20 (2020) 20 (2020) — [V 6 – Centering Centering Yet elec- Yet 18 .L.R NLINE 4 (Mar. (Mar. 5, 2020), .O 348, 354 (2019). 348, ARV EV Texas Closes Hun- Y ’ One such hyper-such One OL HANGE 2 Bush Bush v. Gore C , 118 H 118 , .L.R .P W OC as with other rights, 7 ATION ATION Indeed, the media often . 393, 414, 444 (2002) (“The county county (“The (2002) 444 414, 393, . , 111 N 5 ,N EV .J.L.&S ]. W .L.R UFF ) 12/21/20 6:32 PM , 14 N and Local Governments: A Case Study of Local Local of A Case Study Governments: Local and author) author) [hereinafter Cholden-Brown, ELETE D , 50 B 50 , OT OT N O (Mar. 2, 2020, 6:00 AM), 6:00 2020, 2, (Mar. https://www.theguardian.com/us- Centering Centering Cities in Constitutional Change (D Texas Closes Hundreds of Polling Sites, Making it HarderClosesHundredsitTexas Making Pollingof Sites, The Elon JournalLaw Reclaiming the Canvassing Board: As such, the United States possesses not “one DOCX ). 3 Local Democracy on the Ballot the on Democracy Local UARDIAN Toward a TowardGreater StateRole ,G PPROVED (A INAL , Richard, Salame, significantly impact how we run our democracy. our run we how impact significantly _F Louis Cholden-Brown, — Sydnee Fielkow, Shelby County ROWN -B ]. See See, e.g. SeeGreatera Toward ElectionState Rolein Administration See Richard C. Schragger, Joshua A. Douglas, 5 6 7 2 3 4 HOLDEN felons, though some jurisdictions continue to exercise define crimes of authority “moral turpitude” or mental to incapacity to exclude for MinoritiesfortoVote the the property to franchise owners non-resident or non-citizens, youth, continue to expand or contract citizenship through suffrage, extending extending eliminate suffrage, property requirementsthrough and grant citizenship women the right contract to vote, or expand to continue news/2020/mar/02/texas-polling-sites-closures-voting; Marlee Kokotovic, news/2020/mar/02/texas-polling-sites-closures-voting; dreds of Polling Sites in Areas Where Minorities Vote federalized rightat whose heart municipal governments “independent sit is voting, of tradition long-standing a is which of control local the value.” constitutional TexasGovernments Diluting Minority Votes PoliticalLocalCurrencyGovernmentof decentralization has decentralization the purported benefits of rendering it difficult for one party to seize control of the entire election nationalapparatus, ensuringor flexibility statewide in responding to unique local situations, and fostering direct accountability, https://www.nationofchange.org/2020/03/05/texas-closes-hundreds-of-polling-sites-in-areas- 110 C uniform election system[,] but thousands of local precincts all running running all precincts system[,] local of election uniform thousands but Election withrules Day changing annual simultaneously” that together 2317 (2005) [hereinafter inaccurately portrayscertain types of harmful election administration conduct, including the closure of poll sites as state action. tion law violations that tion law violations receive do not often level a at local unfold local authority presents myriad opportunities for constitutional inter- pretation and Localities, under-enforcement. which drove efforts to canvassing boards were not our heroes, but maybe they should have been. At least they should have had a place at the constitutional table.”). (2017). (2017). actualizing core concepts of citizenship and suffrage. and citizenship of concepts core actualizing (unpublished (unpublished manuscript) (on file with Cities where-minorities-vote/. as discriminatory changes at the state level. state the at changes discriminatory as the same level of national attention, backlash, attention, national of the same level and resources outrage, 42838-elo_13 Sheet No. 57 Side B 12/23/2020 10:41:31 12/23/2020 57 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 58 Side A 12/23/2020 10:41:31 16 OT 111 N . 1039,. S I .J.C.R. Andrew EV Shelby Shelby TAN ORK ORK see .L.R W ASH UR :O Both established established Both .W The The plenary au- ]. 10 EO 15 OTERS V , 85 G 85 , MPLICATIONS I INORITY M “Vote dilution” measures, like ]. The procedures and The procedures frequency ShelbyCounty Holder,v. 11 S A Localist Critique Localist A 12 11 ) 12/21/20 6:32 PM Differential treatment of potential ATIONAL ELETE note 7, at 2316. 7, note note 7, at 2315. at 7, note 9 D ROTECTING ROTECTING ,N ,P OT OT N ITE supra supra O . 377, 379 (2016) (arguing in support of ranked choice S , , (D IGHTS EV The The Right toVote R OLL DOCX P ). .L.R A Localist Critique of CritiqueLocalist A OTING OTING The Right to Vote Under LocalLawtoRightVote Under The V UMB Even where obligations flow from the state or federal federal or state the from flow obligations where Even PPROVED OCAL OCAL (A 13 N ON ON N ’ , 46 C Escaping the Thicket: The Ranked Choice Voting Solution to America’s Solution Choice Voting The Ranked Thicket: the Escaping INAL 88 (2014). – _F OMM era, era, the majority of the Department of Justice’s Section 5 C Though Though such pernicious tools as literacy tests and poll-taxes L ’ at 2318. at 294. at 2330. at 103 (describing vote dilution and the use of redistricting schemes); schemes); redistricting of use the and dilution vote (describing 103 at Perhaps then, it should be unsurprising that in the pre- the in that unsurprising be should it then, Perhaps ROWN 8 -B AT 103, 135 14 Id. Id. JustinWeinstein-Tull, Id. aTowardGreater StateRole JoshuaDouglas,A. aTowardGreater StateRole Id. N

8 9 11 12 13 15 16 14 10 ONE HOLDEN M K voting voting systems, and registration locations or systems each serve as “vote denial” or “guarantee measures. have been prohibited, but have prohibited, been deter- bureaucratic eliminated, not wholly vir- into action voter translate “single-handedly to continue minations tually final electoral outcomes.” government, local officials can resist through either leniency or stric- or leniency either through resist can officials local government, ture. provision provision of interpretation services, poll-worker training, selection of at-large at-large redistricting schemes, dilute the franchise, while campaign finance reform and the implementation of ranked-choice voting am- right. the plify voters. policies and enforcement decisions make it “marginally more difficult difficult more “marginally it make decisions enforcement and policies suchcycle;discretion,electionevery in vote groupseasier)”forto(or in the aggregate, can turn elections. 1043 (2017) [hereinafter Douglas, Spencer et al., thority thority and discretion granted localities to structure their systems can election either be viewed as a “thriving example of federalist experimentationhorrifyingora mishmash self-servingof behavior[,]” voters, which impinges on the guarantees of both the Fourteenth and and Fourteenth the both of guarantees the on impinges which voters, Twenty-Sixth Amendments, has implications for the composition of the electorate and the nature of democratic political representation, discriminatoryprojectedelectionadministration”far of costs “the with locality. offending the of limits territorial the beyond &C.L.291, 301 (2015) [hereinafter Weinstein-Tull, Weinstein-Tull, [hereinafter (2015) 301 &C.L.291, D 2020] 2020] L C County objections were lodged against local governments. voting as a remedy for vote dilution). Districting Crisis Districting by which local boards purge “inactive” voters; the accessibility, hours hours accessibility, the voters; purge “inactive” boards by local which and proximity of voting locations and ensuing wait-times; and the C Y 42838-elo_13 Sheet No. 58 Side A 12/23/2020 10:41:31 12/23/2020 58 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 58 Side B 12/23/2020 10:41:31 M K 18 20 C Y .13 OL MERICAN A [V were by 21 note note 3, at 403 . 247, 247 (2003) OL P IMENSION OF supra D ON .2062, 2312 (2002) [herein- (2002) 2312 .2062, . EV ERSP OCAL OCAL This Article charts how L .L.R 17 HE , 1 P ICH :T OTE V ) 12/21/20 6:32 PM itions itions of because the uncertainty, reasoning , 100 M E municipal architecture has also been been also has architecture municipal W ELETE D 19 AY AY and the impacts of the Court’s ruling in in ruling Court’s the of impacts the and OT OT W N Some Effects of Identity-Based Social Movements on O 22 HE (D The Elon JournalLaw ,T ]. DOCX ). WALD Introduction and Comments C. E PPROVED note 18, at 123. 18, note , itself a municipal corporation, make clear just how (A LEC LEC Some Effects INAL ,A supra _F , 8 (2009) (“By emphasizingthe historically grounded, constitutive, and potentially William N. Eskridge, Jr, at 11. at 129. ROWN -B History is replete with benefits and drawbacks to this decentral-drawbacks benefitsthis Historytoandrepletewith is WALD Id. Id. Shelby County v. Holder, 570 U.S. 529, 562 (2013) (Ginsburg, J., dissenting). See See, e.g. E

19 21 17 18 22 20 HOLDEN UFFRAGE Jennifer L. Hochschild, electoraladministration, asplenty othersof have sought both.doto (“Canvassing boards, like juries, are the appropriate sites for investing the kind of judgment judgment of kind the investing for sites appropriate the are juries, like boards, (“Canvassing required to make hard decisions under cond that ordinary citizens bring to the table is values.”). valuable, democratic and our of, because protective such and with, local consistent decision- more is making no means restricted to the distant past. The records of Voting Rights Rights Voting of records The past. distant the to restricted means no Act (“VRA”) enforcement against com- cities Constitution’s to the opposition “where acts bad prior of virtue subject to preclearance by virulent” most were mands “a vector of inclusion” for the unpropertied,noncitizens.inclusion”andthewomen, offorvector “a redemptive redemptive qualities of our suffrage decentralized system, this book tries to counter the prevailing assumption thatlocal variation is either atoxin or simply an embarrassment.”); Constitutional Law in the Twentieth Century Twentieth the in Law Constitutional S 112 local policies and the everyday activities of local actors shape access to the area of the control, the narrow geographic despite and, polls whole. a as nation izedsystem, andthis Article neitherseeksnor to indict redeemlocal C (“[L]ocalities fiercely protect their protect autonomy fiercely in the (“[L]ocalities running of with elections, mechanics consequences ranging from amusing to appalling.”); Schragger, elections and just how debasing and diluting of suffrage such ad- can local between au- be. Yet authority the ministrative relationship thority and suffrage is far more broadening in “complex, role anoutside playingmultidirectional,” variationwith multidimensional, and Shelby Shelby County much discretion is exercised by localities in the administration of While “dark discriminatory episodes” are part of the history of local “exacer- junctures at which to vote, right in the American variation inequality,” and exclusion bated “Partisan fraud, racist exclusions, systematic discrimination against the corruption” money-grubbing and immigrants, new and poor after Eskridge, after Eskridge, which effectively curtail participation in the process by which laws were made and laws and rights enforced. 42838-elo_13 Sheet No. 58 Side B 12/23/2020 10:41:31 12/23/2020 58 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 59 Side A 12/23/2020 10:41:31 113 ,147 litical litical see also also see ISTORY OF note note 25, at at 12:15. at For 12:15. H ,1890-1920, at at ,1890-1920, Id. supra , OVEMENT M ONTESTED ONTESTED C Taylor v. French,Taylor v. N.E.117 EYSSAR HE through through municipal gov- IGHTS UFFRAGE ex rel. ex :T R MPLICATIONS S 26 I OTE State V 83 (1965) (stating(1965)83 “peripheralwithout that OMAN OMAN by protecting access, recognizing recognizing access, protecting by – W L.J. 1527, 1576 (2011). ) 12/21/20 6:32 PM 28 ATIONAL seealso ELETE D IGHT TO RANCHISING RANCHISING ,N 28 (rev.28 ed.2009); KansasCity Whipple, v. S.W.38 R

ASTINGS ASTINGS – F OT OT 27 N ITE 103 49,156; HE O S DEASOFTHE – (D I , 62 H ,T ! HE OLL TATES II. Redefining suffrage through belonging reflects DOCX S P ,T ). 23 EYSSAR K NITED NITED The PromiseThe LocalCooley’s ofofConstitutionalismCity:Traces PPROVED Race AuditsRace OCAL OCAL U note 18, at 148 at 18, note note 18, at 122, 156. at 122, 18, note RADITOR (A and, though haltingly, property and literacy tests were S. K INAL .487, 612 (1999) (“Local governments, the political structures that govern our our govern that structures political the governments, (“Local (1999) 612 .487, supra supra _F 25 LEXANDER LEXANDER , , EV A ILEEN ROWN Tax-induced requirements to vote and other distinctive municipal municipal distinctive other and vote to requirements Tax-induced -B Localities play both self-evident and sub-rosa roles in actualizing actualizing in roles sub-rosa and self-evident both play Localities Following this introduction, Part II identifies the role localities as localitiesrole theidentifies II Part introduction,this Following WALD WALD note 45 (discussing “adjacent” rights). “adjacent” (discussing 45 note .L.R David J. Barron,J. David R.A. Lenhardt, See Oral Argument at 12:25, Romer v. Evans, 517 U.S. 620 (1996) (No. 94-1039), E E

24 78; A 78; A 27 28 23 25 26 72 (1981). 72 24 – – EMOCRACY IN THE IN EMOCRACY HOLDEN M K infra rights,” the “specific rights” enumerated in the constitution would be “less secure”); secure”); “less be would constitution the in enumerated rights” “specific the rights,” means of going at the local level first is familiar in American politics.” politics.” in American is familiar first level local at the of going means diverse textual and peripheral rights, peripheral and textual diverse electorate, each abolished through active violation andvanced as part of a “cities women’sapproach” first suffrage ad- more more on the local activism and claims of suffragettes, see K https://apps.oyez.org/player/#/rehnquist10/oral_argument_audio/20884. Indeed, her “po https://apps.oyez.org/player/#/rehnquist10/oral_argument_audio/20884. 140 D 2020] 2020] L C U. P lives lives on a may daily basis, be the through means our which we constitutional discover Griswold482 479, rights.”); U.S. 381 Connecticut, v. administrators play in structuring rights and the accompanying tools. tools. accompanying and the rights in structuring play administrators Part III discusses the impacts of a discreet on jurisdiction a much broader discourse. In the subsequent parts, we turn to how these seven tools are to in utilized 10,000 differences effectuate who can vote, how they access the vote, and how those votes are tallied, in turn determining which people and communities discourse. have national our for most their counts it where counted votes 295, 295 (Mo. 1896). franchise regulations sought to shape the Nineteenth Century local 65 ernmentslike East Cleveland. the the franchise and exposing burdensome and exclusionary rules to scrutiny and disuse. the “deep capacity” andof to localities be pro- innovators” “equality equal- of meaning the about conversations democratic “spur ductively ity.” 173 (Ohio 1917). C Y 42838-elo_13 Sheet No. 59 Side A 12/23/2020 10:41:31 12/23/2020 59 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 59 Side B 12/23/2020 10:41:31 M K it C Y .13 33 OL .L.J.1159, .L.J.1159, [V This This bi- HEORETICAL HEORETICAL RB .1,12(1934). U 31 EV T in , .L.R ORDHAM better positioned in some OLUM 141 (2002). who areencouragedwho require require the constant — , 45 F 45 , 36 37 ,34C Through Through processes and note note 28, at 491 (“Towns and cities Itis cities whomust rulify 38 . 565, 619 (2006). 34 It is local civil servants who EV ONSTITUTIONS ONSTITUTIONS C 68, 599. supra 30 – ) 12/21/20 6:32 PM .L.R A HEIR P T ELETE 91, 565 91, D 508 (2001). – – Channeling: Identity-Based Channeling: Identity-Based Social Movements and OT OT N Cities as Engines of Justice of Engines as Cities Through Through their actions, cities both define O , 154 U. 196, 196 (Willis D. Hawley & Michael Lipsky eds., 1976). (D 29 The Elon JournalLaw . 419, . 419, 419 DOCX ERVANTS AND AND ERVANTS EV ). S Executive Review in the Fragmented Executive: State Constitu- State Executive: Fragmented the in Review Executive OLITICS P note 28, at 489 28, note Through Through their labors, the text is made real as The Constitution The as an Institution Toward a Theory of Street-Level Bureaucracy IVIL .L.R A PPROVED 32 note note 18, at 13, 61; Barron, note 28, at 491, 572. at 491, 28, note P ,C (A RBAN RBAN supra U OHR INAL supra supra _F , The actions of street-level bureaucrats, street-level of actions The A. R , 150 U. William N. Eskridge, Jr., Barron, Barron, ROWN 35 -B WALD OHN Jill E. Habig & JoannaPearl,& Habig JillE. Michael Lipsky, Williams, R. Norman (La.n.52021955)199,(distinguishing Tugwell,2d Dorev.So. 84 executive an official’s See See Barron, Karl N. Llewellyn, J E

31 35 36 37 38 29 32 33 30 34 ERSPECTIVES ON ERSPECTIVES HOLDEN tionalismand Same-Sex Marriage that should inform the consideration of such public questions public such of consideration the inform should that institutions.”). state or federal either than is, that instances, by both and state law to federal to push best the ensure envelope the effective discharge of devolved duties, contentionthat astatute isunconstitutional, whichimpermissible isan ground for nonen- is unconsti- the of interpretation statute forcement, one from her that argument possible comports that way a in statute the enforcing for ground permissible a is which tutional, construction). a with such constitutional constitutional principles, reducing them into enforcement processes “essential both to effectuate current policy.” policy and to inform future P are often the institutions that are most directly responsible for structuring political struggles struggles political structuring for responsible directly most are that institutions the often are over the principles most constitutional contentious substantive of public the questions to content give uniquely to often positioned are . . well . . For that reason, local governments 114 C adjudication adjudication of what is far enough. 1168 (2018). primarily “run the Constitution,” reducing the words and principles to to principles and words the reducing Constitution,” the “run primarily practice through both “actions routine and extraordinary.” suspect classifications, remediating past wrongs, or preserving constructs constructs preserving or wrongs, past remediating classifications, suspect against evolving norms. Public Law participants participants in the “interpretive community that constructs constitu- tional meaning.” furcation between author and administrator requires the assume latter the to role of interpreter, and outsizedConstitutionexplicitlytheydaily arethe work,” theirover in while they “may not argue abstract constitutional principles are transformed into felt reality; felt into are transformed principles constitutional abstract is practice which legitimizes the words as part of our “going Consti- values. constitutional shapes and tution” availability of rights of access, generally through noninterference, and and noninterference, through generally access, of rights of availability proactively enforce equal protection. 42838-elo_13 Sheet No. 59 Side B 12/23/2020 10:41:31 12/23/2020 59 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 60 Side A 12/23/2020 10:41:31 . 41 EV 115 , Boos . 1443 (2009) See, e.g. EV , Wrenn, Districtv. L. R ,2020 U. ILL. L. R L. ILL. U. ,2020 ONSTITUTIONALISM ONSTITUTIONALISM AND C 20. – But see, e.g. . 1695, 1711 (2017). , 56 UCLA EV MPLICATIONS OPULAR OPULAR I and contribute to the refor- the to contribute and :P 39 .L.R note 2, at 18 at 2, note ALIF ) 12/21/20 6:32 PM even even in densely populated areas, even for supra — ATIONAL HEMSELVES , ELETE D T 7 (“[T]o theextent(“[T]othattheconstitutional 7 Framers , 105 C ,N – OT OT Through Through these seven predominant tools, N ITE O

S EOPLE 43 (D 40 P OLL HE DOCX P ). Implementing the to Right Keep and Implementing Bear for Arms Self-De- is whether the federal constitution is implicated by such rules, rules, such by implicated is constitution federal the whether is Centering Cities Centering Federalism 3.0 Federalism ,T Disuniformity of Federal Constitutional Rights Constitutional Federal of Disuniformity PPROVED through through establishing dates and procedures by which note 18, at 20. 18, note OCAL OCAL note 28, at 489 nn.6 489 at 28, note (A RAMER (2004). By variably regulating “adjacent” to the constitutional 45 question INAL Local governmentsare integral to operationalizing constitu- supra D. K 44 _F supra , EVIEW EVIEW Eugene Volokh, 42 Cholden-Brown, Cholden-Brown, R ROWN -B If we acceptthe argument that “the people themselves” are the ARRY WALD JosephBlocher, Barron, Heather K. Gerken, See See L E

41 39 45 42 43 40 44 UDICIAL HOLDEN M K and zone, (6) set proprietary policies regarding employment or public public or employment regarding policies proprietary set (6) zone, and fense: An Analytical Framework and a Research Agenda which which do after all restrict people’s ability to engage in what constitutionally otherwise protected conduct.”). seems Adjacency bears to some similarities not exploredto here be consideration of the core/periphery discourse pertaining to certain rights. v. Barry, 485 U.S. 312, 318 (1988) (noting that politicalAmendment); speech is Gould at the core v. of the Morgan, first home.”). the in 907 self-defense to limited is right Amendment F.3d 659, 671 (1st Cir. 2018) (“[T]he core Second mationnorms. equality of tional tional rights through a series district legislate,(5) (4) criminal, or of civilly litigate (3) enforce,tools, (2) fund, including the powers to (1) property, and (7) procure. (adopting this framework for the Second Amendment). Second the for framework this (adopting access by limiting what, who, where, how, when, who knows, and at at and knows, who when, how, where, who, what, limiting by access what cost. final arbiters of constitutional meaning through electoral engagement, electoral through meaning constitutional of arbiters final right right to vote 1479, 1482 (“The of Columbia, 864 F.3d 650, 661 (D.C. Cir. 2017) (“[T]he individual right to firearms carry beyond commonthe home for self-defense J 2020] 2020] L C the the votes in importance, it is essential to understand the work of who actors,municipal other as well as (“LEOs”), officialselection local are central to the process by meaning which is constitutional con- structed. it is casts local administratorswho rivals who define votes the counting participants of and how results. and In who the where system a intended to connect localism and constitutionalism, it would be surprising if they did not not did they if surprising be would it constitutionalism, and localism connect to intended intend for local to governments play some role in that translating intended connection reality.”). into cities are the primary structurer and gatekeeper of rights and contour contour and rights of primary gatekeeper the and are cities structurer enforcement, localities and their agents, at the most “mundane level of constitutional doctrine,” possess an affirmative,rights structural constitutional role individual in protecting C Y 42838-elo_13 Sheet No. 60 Side A 12/23/2020 10:41:31 12/23/2020 60 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 60 Side B 12/23/2020 10:41:31 M K – C Y .13 Thus, Thus, OL While [V 49 53 are utilized utilized are 46 . 1, 42 (2018). 51 UST J THNIC impact not just the , 85 U. Chi. L. Rev. 1083, 1084 1083, Rev. L. Chi. U. 85 , note 2. note &E 50 and “no right is more 47 supra ACIAL , The The use of legislation either ,pt. I (2020). I ,pt. 52 .J.R ) 12/21/20 6:32 PM IGHTS R ARV ELETE falls within the core of the Second Amendment’s Second the of core the within falls D — OT OT , 34 H ILLOF N Centering Cities Centering ’B O (D The Elon JournalLaw The The Local Turn; Innovation and Diffusion in Civil Rights . 115, 116 (2016). From From Ferguson to Flint: In Search of an Antisubordination DOCX ITIZENS ). State BureaucraticState Undermining ROBS .339, 342 (1993). 342 .339, ., C Who Rules at Home?: One Person/One Vote and Local Govern- .P EV LA PPROVED ,F note 18, at 2. 18, note Cholden-Brown, Cholden-Brown, (A .L.R ARK ONTEMP HI INAL P supra _F , &C U. C Indeed,right the to vote is “preservative rights.” of all ROWN -B Voting as meaningfulVotingas participationdemocratic institutionsin and ISCAYNE WALD ,60 48 Christopher Christopher J. Tyson, Richard Briffault, Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Olatunde C.A. Johnson, See generally Weinstein-Tull,Justin E B

, 79 L. 51 52 53 47 48 49 50 46 HOLDEN Principlefor Local Government Law the pertinence of these tools to electoral administration, and it with the of tools pertinence these to administration, electoral access to the vote or “suffrage chicanery,” by municipal corporations to shape rights-access through constructing constructing through rights-access shape to corporations municipal by to rights to fundamental adjacent regulating and concepts core both effectuate their constitutional vision. ments Law tion to some agent to determine access has been well-studied, if not not if well-studied, been has access determine to agent to tion some tools othernumerous are therehowever, level; local the exclusivelyon to ground.” the (de)actualize on a right] [a right “thwart or whose promote may legality government is not dispositive of how directly regulating a protected activity or granting untethered discre- untethered or granting activity a protected regulating directly precious in a free country than that of having a voice in the election election the in voice a having of that than country free a in precious mustcitizens, we undergood aslawswhich,the make whothose of live.” those lacking special self-defense needs self-defense special lacking those protections.”). 116 C faciallyvoid constitutionalof values, municipal economic justice poli- cies and legislation, like paid sick leave, including housing, and education, social services, other and family law, soft become controls processes processes is a key subset of citizenship, putative voters establish eligibility for a particular election; the docu- the election; particular a for eligibility establish voters putative adaptive and temporal geographic, the and identity; establish to ments accessibility of the ballot or poll sites, suffrage rights are before shaped a vote is even cast. Indeed, some localities cast “reasonably convenient times and places for and registration voting” as a right citizenry its to rights.” of guaranteed “bill municipal a by 85 (2018). franchise itself but all the policies that emanate from those polls thefrom policiestheemanate butthatallfranchiseitself elect. These affirmative anddissent tools, somewhich of “depend on governments,” subnational to exclusive powers regulatory 42838-elo_13 Sheet No. 60 Side B 12/23/2020 10:41:31 12/23/2020 60 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 61 Side A 12/23/2020 10:41:31 — 117 (Feb. (Feb. local local OLE IN LECTION AB R —

E L 57 ITY HE OCAL OCAL C L Jurisdictional Jurisdictional :T 55 LOOMBERG ECOUNTS TATE AND R S , B , .1257, 1258 (2006). 1258 .1257, ES HE With a small number of Withsmallnumber of a R MPLICATIONS Y I ’ 17 (2019). 56 – OL 16 Level Bureaucrats of Elections: Selec- Elections: of Bureaucrats Level ! 31 (2013). 31 , Immigration, Federal Authority, and .P – EV ., R45549, T ) 12/21/20 6:32 PM EGISTRATION EGISTRATION TO 17 (Nathan A. Cemenska ed., 2007). Are Are All Jurisdictions Equal? Size Disparity in ERV ATIONAL R Rick Su – S ELETE 11 , 23 R D The Street The TRUCTURES ,N S L.J. 130, 130 see OT OT ROM ROM N ITE O TATES S ., F S ESEARCH (D .R (Oct. 19, 2017), https://blog.harvardlawreview.org/immigration- 2017), 19, (Oct. LECTION LECTION OLL UTIES AND DOCX P ). ONG LOG :D , 12 E ,C .B IDWESTERN EV M PPROVED OCAL OCAL The Fight for Paid Sick Leave Moves SouthMovesLeave Sick Paid forFight The (A UEFNER ET AL In addition, other local actors who fund election agencies, election fund who actors local other addition, In IVE HANTON .L.R 54 F INAL 58 F. H _F L. S ARV DMINISTRATION A ,H ROWN -B Through the procurement and upkeep of vote-counting technol- vote-counting of upkeep and procurement the Through Of course, localities do not frame these rights wholly free of AREN TEVEN DavidC. Kimball & Martha Kropf, David C. Kimball & Brady Baybeck, SarahHolder, K S

55 56 57 58 54 LECTION LECTION COSYSTEMS OF HOLDEN M K first-southern-city-to-pass-paid-sick-leave; first-southern-city-to-pass-paid-sick-leave; 21, 21, 2018, 8:51 AM), https://www.bloomberg.com/news/articles/2018-02-21/austin-becomes-the- and sprawling rural counties, contribute to distinct administrative ad- administrative distinct to contribute counties, rural sprawling and vantages and challenges, including ease of management voting or overall available resources. registration list scale, ranging from fewer than 100 voters in some locales to 6,800,000 6,800,000 to locales some in voters 100 than fewer from ranging scale, precincts urban compact spanning density, and County, Angeles Los in tionMethods for Local Election Officials heavily-populated jurisdictions responsible for the majority of voters of majority the for responsible jurisdictions heavily-populated fewer than6% of LEOs serve more thantwo-thirds of voters results. divergent wildly yield can spots fewer a in discretion Election Administration Election E E 2020] 2020] L C federal-authority-and-city-hall/. identification requirements; the setting of local elections; ballots; design preparation of of voter guides; selection of early voting electioncam- and distribution; day timely polland provisions sites; ballot identificationprovisional and andabsentee training of poll workers; paign finance and regulations; recount, vote-counting, audit and re- an construct election administrators local porting election procedures, “ecosystem” where changes in any one area wreakprofound changes throughout. ogiesand availability paperballots;of accommodations and assistance with English registration or speakers provided to disabled non-native online whether opportunities, and requirements registration voting; and or at public sites (as well as list maintenance and purges); voter constraint, including differences in the standardization of state election election state of standardization the in differences including constraint, norms. and composition, size, population resources, rules, means means by which government, through incentives and disincentives, also impacts the significantly barriers to access for certain constitu- rights. tional prosecute prosecute election law violators, or provide services which enable City Hall City C Y 42838-elo_13 Sheet No. 61 Side A 12/23/2020 10:41:31 12/23/2020 61 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 61 Side B 12/23/2020 10:41:31 M K 60 C Y .L. .13 ,U.S. ICH OL [V these these de- 61 , 50 U. R As such, members such, As These These hijinks now 62 64 9 (Jan. 2020). These spillovers manifest manifest These spillovers IPPLES By capturing a single local local single a capturing By R 67 OLICY 65 P . 1021, 1031 (2016). IncreasingVoter Participation inAmer- EV

) 12/21/20 6:32 PM 63 L. R LECTION 59 E note 7, at 2331. note 7, RANCHISE RANCHISE ELETE 134 (2015). D F OT OT AIL N F supra ORDHAM ORDHAM OGICAL OGICAL O , ! (D Congressional Congressional Apportionment: 2010 Census Briefs ,L The Elon JournalLaw III. (July 11, 2018, 12:01 (July AM), 12:01 11, 2018, https://www.americanprogress.org/is- , 85 F DOCX ). RamshackleFederalism: America’s ArchaicDysfunctional and LECTIONS LECTIONS ENTER E C HY HY PPROVED note 18, at 102 (noting that a resident moving from N.Y. to Vermont Vermont to N.Y. from moving resident a that (noting 102 at 18, note ROGRESS DanielleKennedy,Liz &Root (A (Nov. (Nov. 2011), https://www.census.gov/content/dam/Census/library/publica- ,W OLICY A NewA Proposal to Address Local Voting Discrimination .P and, given the a geography, single stolen, discarded or P M INAL A 66 supra _F ORRIS , N Kristin D. Burnett, UREAU at 1021. B ROWN -B Electoral hijinks are no longer associated with the same southern southern same the with associated longer no are hijinks Electoral A single election can be constituted by anywhere from one to IPARTISAN WALD IPPA TR FOR See Cody Gray, aTowardGreater StateRole See generallySee Gaughan, Anthony J. Id. P B E

. 611, 623 (2016). 61 62 63 65 66 67 59 64 60 ,C EV ENSUS ENSUS HOLDEN dissuaded vote can wield different power. different wield can vote dissuaded has the same number ofnumber same the has population). the one-thirtieth but senators centralized centralized and partisan electoral administrative nuts and error. bolts human are and incompetence both to vulnerable of the same congressional body are elected by differentlyelectedconstitutedthe of bycongressional same are body electoratesdifferentdistrictedfacingvotingandunderdifferentrules sizes. different alone let conditions, percolate in all corners of the nation from which both local structural structural local both which from nation the of corners all in percolate electoral reforms and the consequences ecosystem. of election the LEO throughout discretion ripples manifest ica Presidential Election System jurisdictions as at the passage of the VRA. be be altered, precinct, a close election extending across a far larger geography can can geography larger far a across extending election close a precinct, tions/2011/dec/c2010br-08.pdf. R C “is handed a much more powerful votein U.S. Senate elections,” as the voter’s new state 118 C thousands thousands of unique registration rules, ballots and voting machines, policies, voting procedures. early and audit absentee postelection and Administered by over 13,000 state and local jurisdictions, sues/democracy/reports/2018/07/11/453319/increasing-voter-participation-america/. physical or financial access to the polls by their actions further mold mold further actions their by polls the to access financial or physical rights. suffrage of experience the 42838-elo_13 Sheet No. 61 Side B 12/23/2020 10:41:31 12/23/2020 61 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 62 Side A 12/23/2020 10:41:31 : , , , 73 119 EGISLATURES .L or expansions or T 69 .S ONF C L ’ AT Trusting the Federalism Process MPLICATIONS The The maintenance practices I decisions county Elsewhere, ,N and municipalandvotingrights 72 74 75 along along with Palm Beach and 70 ) 12/21/20 6:32 PM ATIONAL ELETE D (Apr. (Apr. 30, 2020, 5:00 AM), https://www.propub- ,N OT OT ballots, count to decisions . 793 (2001). N 04 04 (2019). ITE – EV 68 O S (D Counties Counties Opposing GOP Call to Reopen Vote Counts .R CI OLL .S DOCX P ). LECTIONLAND OL America’s Election Grid Remains a Patchwork of Vulnerabilities Patchworkof a RemainsGrid Election America’s . 1979, 2003 .P :E note note 3, at 431 (“In this instance, the spillover effect of a local Whether the Ballot You Mail Is Counted May Depend on Where M EV PPROVED OCAL OCAL note 68. 68. note (A L. R UBLICA (Dec. (Dec. 29, 2004, 12:00 AM), https://www.seattletimes.com/seattle-news/poli- supra , 95 A The The Butterfly Did It: The Aberrant Vote for Buchanan in Palm Beach P both both represent the most famous of the overwhelming INAL , David Postman, , RO _F . (Nov. (Nov. 17, 2018), https://www.nytimes.com/2018/11/17/us/usa-voting-system-elec- ARY supra 71 IMES (July (July 2017), https://www.ncsl.org/research/elections-and-campaigns/states-and-elec- ,P T ROWN IMES .&M -B M Bush v. Gore, 531 U.S. 98, 101 (2000). 98, U.S. 531 Gore, Bush v. al., et McIntire Mike See, e.g. Ryan McCarthy, Lynch, See Election Security: A Priority for Everyone Schragger, Fladell v. Palm 772 Bd., Beach So. Cty. Canvassing 2d 1240 (Fla. 2000); Jonathan N. 71 72 73 75 68 69 74 70 ANVASS HOLDEN EATTLE EATTLE M K decision either to count or not to count ballots with States.”). the United of hanging the President of the been election have or dimpled chads might County, Florida County, preferred candidate, along which, preferred with candidate, the of placement the Senate resulted ballot, County Broward the of corner left lower the in race Nelson. Bill significantforundervotesin consequences of such local decision-making. But the utility of Florida Florida of utility the But decision-making. local such of consequences as counties the exemplar requirement County’s Beach of how the of design Palm a can single ballot to extends repercussions. large have indicatingtheir arrow the connecting line a draw votersthat 2018 in of one jurisdiction can result in capture elsewhere when access to mothballed technology is exploited to “disrupt an election in a state machine” same that using still locality or tions.html. tion-reform-the-canvass-july-2017.aspx (“[I]f a county doesn’t have good security, it becomes it becomes security, good have doesn’t county a (“[I]f tion-reform-the-canvass-july-2017.aspx N.Y. N.Y. T You Vote Wand et al VolusiaCounty’sfilingafter deadlinethe established Secretary the by of State, 2020] 2020] L C C lica.org/article/whether-the-ballot-you-mail-is-counted-may-depend-on-where-you-vote#948079. and inconsistent village policies about the acceptance of mailed ballots ballots mailed of acceptance the about policies village inconsistent and during may COVID-19 swing Wisconsin. to not rerun their ballot counts have determined gubernatorial races, theirgubernatorial rerun determined not to have counts ballot of the franchise. The design and selection of thebutterfly ballot in alleged contravention of state law, tics/counties-opposing-gop-call-to-reopen-vote-counts/. S from cybersecurity breaches, cybersecurity from the the weak link for the whole state.”); Eric S. Lynch, Under Unique Circumstances: United States Election Administration and Cybersecurity 60 W C Y 42838-elo_13 Sheet No. 62 Side A 12/23/2020 10:41:31 12/23/2020 62 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 62 Side B 12/23/2020 10:41:31 M K C Y .13 cert. One OL , 140 S. see also 80 [V 76 and indeed indeed and 79 C., https://www.ar- aff’d sub nom. sub aff’d , 140 S. Ct. 2412 (2020); 2412 Ct. S. , 140 LECTORAL LECTORAL These These broad effects are :E . 1227, 1232, 1285 (2018); 78 EV Guerra,P.3d441 807(Wash. 2019), RCHIVES Florida Lawmakers Cite Broad Power to .L.R A aff’d and remanded and aff’d ) 12/21/20 6:32 PM Inre L ’ AND note 7, at 2328. 7, note ELETE AT note 8. 8. note D ,N OT OT , 71 V (Nov. 28, 2000, 12:00 AM), https://www.latimes.com/ar- AM), 12:00 2000, 28, (Nov. N supra O supra , (D , IMES The Elon JournalLaw T DOCX note 79. 79. note ). , Ronald Brownstein, ,L.A. Plaintiff Cities , 140 S. Ct. (2020);2316S. 140 , PPROVED supra (A The The national implications are not merely the direct , Chiafalo v. Washington, 140 S. Ct. 918 (2020), see, e.g. rev’d INAL 77 TheRight to Vote _F ROWN -B Electoral manipulation not only imposes costs upon local voters, voters, local upon costs not imposes only manipulation Electoral Sarah L. Swan, Douglas, aTowardGreater StateRole Distribution of Electoral Votes McPherson v. Blacker, 146 U.S. 1, 35 (1892); Baca v. Colo. Dep’t of State, 935 F.3d 887 76 77 78 79 80 HOLDEN Romer v. Evans, 517 U.S. 620 (1996) County of (among Denver, the the City of original Boulder, the plaintiffs City of were Aspen, Aspen). and the the City City Council of and AwardElectors to Bush (10th Cir. 2019), 2019), Cir. (10th also felt through the selection of officers with national implications; implications; national with of officers the selection also through felt our members of Congress, who sway partisanand ideologicalcontrol constitutional ratify who representatives state legislature; federal those our of governing rules the alter or impact nationwide with amendments nationalelections(electors); individualstrulydetermining Trump v. Vance, 941 F.3d 631 (2d Cir. 2019), granted sub nom. Ct. 2316 (2020); 120 C chives/la-xpm-2000-nov-28-mn-58208-story.html.Inthe midst Floridatheof travails 2000,of reforms reforms both directly engage larger adoption. widespread more populations, yield success thereby their by and races, swinging local officials who can instigate quences, litigation seek injunctions, or with even nationwideprosecute national figures. conse- but also dilutes the ballots of supporters of the defeated, distributing distributing defeated, the of supporters of ballots the dilutes also but bounds of the beyond ac- administration the of costs discriminatory countability. chives.gov/electoral-college/allocation (last updated Mar. 6, 2020). tinue tinue to choose electors by local districts. impacts on elections, which are national in scope, namely the presi- con- which and more so than Nebraska, nowhere Maine and dency, election for the direct selection of the state or local election admin- istrator will in turn birth policies, delegations, and determinations Governor Jeb Bush and the legislature considering appointing electors pledged to his implicating the future of the right not just for oneself or one’s polis,one’s or oneself for just rightnot the of future theimplicating others. myriad but brother. Brownstein, 42838-elo_13 Sheet No. 62 Side B 12/23/2020 10:41:31 12/23/2020 62 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 63 Side A 12/23/2020 10:41:31 ., 88 121 IST OLEMICS .H IEWS OF REATING M V :P UPPRESSION A :C S This local define define the HE IGHT 81 N :T 82 OTER OTER USEUM USEUM V LECTIONS .L.J.925, 945 (2007); (2007); 945 .L.J.925, M E T S L ’ ONGEST ONGEST UST L AT HIO EMOCRACY ,J N D HE RANCHISE OLITICS OLITICS OF Residual Votes Attributable to P T F (2019). , 68 O 68 , MPLICATIONS ? in I , EW HOMPSON N UND 180 (2002). F F. T HE MITHSONIAN TEWARDS OF ) 12/21/20 6:32 PM .313(2007). :T 49 (Arthur J. Jacobson & Michel Rosenfeld such such as variable funding, poll-site ,S TATES ., ., S – EV ENNIS S ATIONAL in which the procedures by which Bush v. Gore v. Bush ELETE 86 D ,N 84 EMOCRACY EMOCRACY OT OT .L.R NITED NITED N A ,D ITE EMOCRACY U O RANCHISING THE THE RANCHISING S D (D F 2000, at 47 66 (2005); D – DONA ET AL Structuring Judicial Review of Electoral Mechanics: Expla- A 86 (2010). FFICIALS OLL – DOCX O The Future ofFuture The P ). Equal Protection for Votes for Protection Equal ! , 156 U. P TEALING LECTION IV. ,S .365,365 E .85,85 ATALIE ATALIE PPROVED ROCESS IN THE THE IN ROCESS OL note 18, at121. 3, 18, note OCAL OCAL has vote to right the in variation spatial ensuing The note 18, at 10. 18, note P EV P LECTION (A The The relative fortuity that is some afforded voters by N “Celebrating” the Tenth “Celebrating”the Anniversary ofthe 2000 ElectionControversy: E 83 VERTON 87 INAL Electoral mechanics Electoral O .L.R supra supra _F 85 , 67 J. 67 , OCAL OCAL , , ND L I see also Stephen Ansolabehere & Charles Stewart III, Henry E. Brady, EdwardFoley,B. LECTORAL LECTORAL ROWN E -B “Franchised out to local affiliates” by states,practical control of Most voting procedures, which together constitute a system that WALD WALD ERSPECTIVES ERSPECTIVES ON PENCER ,44 Vote: The Machinery of Democracy Elmendorf, S. Christopher See See See E S E P

AIR 81 85 86 87 88 82 83 84 F MERICAN HOLDEN M K votes are counted and by whom can exceed the identity of the voter voter the of identity the exceed can whom by and counted are votes in import. nationsandOpportunities right to vote. to right dint of domicile is not merely an effect of unequal voting opportunity opportunity voting unequal of effect an merely not is domicile of dint between jurisdictions others. of but expense the indeed at precincts within favors directly localities allocation resource where deliberate 14 (2006); A 2020] 2020] L C https://americanhistory.si.edu/vote/index.html (last visited Nov. 24, 2020). 24, Nov. visited (last https://americanhistory.si.edu/vote/index.html suffrage suffrage is constituted by local practices. administrative A eds., 2001). 2001). eds., Nathaniel Persily, Persily, Nathaniel WhattheWorldCan Learn from theRecent History Electionof Dysfunction theUnitedin States instilling in putative participants a sense value, of are fairness, neither finality, exclusively good and nor bad, but may further or must translate accurately voter preference and promote access while AND AND made electoral justice a concern not of equal protection for voters but for the ballots themselves dimension and the “terms, conditions, hurdles and boundaries” imposed imposed boundaries” and hurdles conditions, “terms, the and dimension by local officials, who act as stewards of democracy, Technology wait times and proximity,andtechnology,waittimesregistration partisanship, of ease or deregistration via purge, ballot design,counting and auditing pro-more count votes some make systematically hours voting and cedures, than than others. C Y 42838-elo_13 Sheet No. 63 Side A 12/23/2020 10:41:31 12/23/2020 63 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 63 Side B 12/23/2020 10:41:31 M K . , . C Y ND ONF .13 C How- OL see see also , 44 I [V 94 EADERSHIP EADERSHIP Consolidations .3,9,16(2020), ,L 63, 963 n.89. Democracy and the the and Democracy – OC Prospective Prospective oral, 90 L (Oct. 15, 2018, 12:26 PM), PM), 12:26 2018, 15, (Oct. S 95 I 45 (2008). – ENTINEL ENTINEL OTING S V note 88, at 962 88, note LL .343,344 UCSON UCSON A Policies Policies presented as accuracy- 100918_tribes_vote/tribes-strike-back-native- supra EV , ,T ) 12/21/20 6:32 PM 91 note 8, at 1079. 8, note .L.R Vote Centers: Potential Benefits for Voters, but ELETE D UB 97; 97; Jocelyn Friedrichs Benson, supra – OT OT , N U. P O (D

Tribes Strike Back: Native Americans Work to Overcome OUIS OUIS 93 The Elon JournalLaw Language Assistance and Local Voting Rights Voting Local and Law Assistance Language This dichotomy means that in expanding voter voter expanding in that means dichotomy This .L DOCX ). T 89 (Mar. (Mar. 28, 2016, 6:00 AM), https://talkingpointsmemo.com/muck- note 89, at 345; Foley, Foley, 345; at 89, note note 18, at 96 at 18, note As such, “context matters,” as does the level of , 27 S 92 PPROVED EMO EMO (A TheRight to Vote supra M supra Arizona’s Voting Problems Are More Complicated Than They Look , 93 (2010). INAL – _F 9(Sept.2019),http://civilrightsdocs.info/pdf/reports/Democracy-Diverted.pdf. OINTS OINTS WALD Matt Vasilogambros, P Benson, Benson, Angelo N. Ancheta, Douglas, E ROWN UND -B Local election policies, though Local not as policies, though civilformal election framed rights .161,192 See Vote to Right the and Closures Place Polling Diverted: Democracy See See See See Peter Montgomery & Brad Ashwell, .F EV 91 92 93 95 89 94 90 ALKING ALKING DUC HOLDEN and others with transportation issues, “whether by ill intent, insufficient insufficient intent, ill by “whether issues, transportation with others and planning, or poor implementation.” Secretary: The Crucial Role of State Election Administrators in Promoting Accuracy and Access toDemocracy ever, disability compliance can also be weaponized to justify closing poll locations that serve particular communities. consultation, evaluation, transparency, and updating that accompanies that accompanies and updating transparency, evaluation, consultation, a new practice or policy even if warranted by changes in composition. or behavior voter present benefits of reduced staff and site needs and increased flexi- increased and needs site and staff reduced of benefits present voters elderly bility for or commuter votes offset by disabled, disruptions to the poor, election day for disadvantages and many of habits T Tierney Sneed, VoterLaws They Say Diminish Their Influence contained in the VRA remove participatory impediments but require require but impediments participatory remove VRA the in contained written, and audio accommodations that exceed the remedial mandates remedial the exceed thataccommodations audio and written, law, can expand anti-discrimination norms to recognize and accommo- and recognize to norms anti-discriminationexpand can law, suffrage. to barriers technological and linguistic, physical, date raker/arizona-voting-problems. access access for some, through the relocation of staff, resources, or poll E L. R https://allvotingislocal.org/wp-content/uploads/2020/02/Vote-Centers-Report-9x12.pdf; http://www.tucsonsentinel.com/nationworld/report/ americans-work-overcome-voter-laws-they-say-diminish-their-influence. 122 C Standards and Protections Must Be in Place encumber these goals. theseencumber matching, represent barriers to equality of opportunity to cast a ballot ballot a cast to opportunity of equality to barriers represent matching, that is counted. promoting, promoting, including voter identification requirements or signature- sites, sites, restrictions or barriers may arise for others. 42838-elo_13 Sheet No. 63 Side B 12/23/2020 10:41:31 12/23/2020 63 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 64 Side A 12/23/2020 10:41:31 : ., 123 UST J Against LECTION LECTION T ’ E XPERIENCE EP E If printed printed If voter voter list 96 . (Apr. 13, 2020), See Looking for OTING OTING 100 V ,U.S.D ONST C – J. OMMISSION ON C MERICAN ., http://dynamicpolicy.law/im- A TS Even when implemented TLANTA MPLICATIONS HE I .R 99 :A ]. ., T (Aug. (Aug. 21, 2013), http://prospect.org/arti- OW NVTL N RESIDENTIAL RESIDENTIAL Civil Civil Rights Group: Gwinnett Must Send sent the materials and so there is no DMIN P ) 12/21/20 6:32 PM A — Bryan Tyson, attorney for Gwinnett County County Gwinnett for attorney Bryan Tyson, rating rating that Runnels County, Texas, officials .&E EWS ATIONAL XPERIENCE IV N ELETE E C ROSPECT D ,N .P OT OT LECTION LECTION M N FOR ITE E OTING OTING . O S V TLANTA ,A (D not not Gwinnett 54; Arielle Kass, ,A OUND — N ON – ’ OLL DOCX While some of this disparate baked thistreatmentof some Whileis .F P ). OMM 54 (2014), https://law.stanford.edu/publications/the-american-voting- MERICAN 98 UST – C A ,J PPROVED OCAL OCAL HE (A Moves to online voter registration or mail voting can ECOMMENDATIONS ECOMMENDATIONS OF THE 1, 6, 50 R INAL at at 1, 10, 16, 52 97 66, 66, 1172 (D. Utah 2017) (permitting Section 2 claims to proceed to trial on _F – RESIDENTIAL RESIDENTIAL Navajo Navajo Nation Human Rights Comm’n v. San Juan F. Cty., 281 3d Supp. 1136, United States v. Berks Cty., 250 F. Supp. 2d 525, 526, 529 (E.D. Pa. 2003). P ROWN -B See See The National Voter Registration Act of 1993 (NVRA) See id. See See 43, 1165 – 99 97 98 96 100 DMINISTRATION EPORT EPORT AND HOLDEN M K the theory the theory that places polling closing in favor of a system voting mail-only disparately burdens Native American voters). For those barriers. increase can whomailvoting service, postal limited need or skills reading help casting a ballot, have poor “A Few Good Clerks” or electronic registration or informational materials are only in English English in only are materials informational or registration electronic or ormistranslated and not optimizedfor easy byaccess screen readers or other adaptive technology, or there is an inadequate supply of https://www.ajc.com/news/local/civil-rights-group-gwinnett-must-send-ballot-applications-span- into such policies, elsewhere accessibility barriers violative of the Fifth the of violative barriersaccessibilityelsewhere policies, such into behavior, andand language Fourteenth derogatory including officials, poll Amendments by are treatment erected by hostile and unequal verificationaddress statute,orby required notidentification demands only requirements for certain populations. cle/against-post-racial-voting-rights-act (demonst the provision of assistance throughout the electoral process. electoral the throughout assistance of provision the 2020) (providing information and guidance on the National Voter Registration Act of 1993, RegistrationNationalof(providinginformation VoterAct the2020) guidanceon and Pub. L. No. 103-31, 107 Stat. 77). 1142 ages/Default_Mail_Balloting_JFCER.pdf (last visited Nov. 24, 2020). 24, Nov. (last visited ages/Default_Mail_Balloting_JFCER.pdf in-person assistance.in-person exacerbate these shortcomings as they eliminate the opportunity for A 2020] 2020] L C experience-report-and-recommendations-of-the-presidential-commission-on-election-administra- tion/ T [hereinafter https://www.justice.gov/crt/national-voter-registration-act-1993-nvra (last updated Mar. 11, R a“Post-Racial” Voting Rights Act Rights Voting a“Post-Racial” translators, signage, signage, translators, ballots in other languages, or ballot marking de- vices, the ballots of voters misap- or with neglect wanton and limited intentional English through or whether devalued, disabilities are propriation. in concert with the provisions of the National Voter Registration Act NationalVoter the provisionsof the concertin with (“NVRA”) and its information-enhancing mandates, Ballot Applications in Spanish failed to place any bilingual poll workers at any county polling sites a notwithstanding court order). ish/wz091L0pgfLZ4HZT4BEv1J/ (statement of of (statement ish/wz091L0pgfLZ4HZT4BEv1J/ Elections Board) Overton, Spencer (“[T]he Spanish.”); in application statethe send to county the for requirement C Y 42838-elo_13 Sheet No. 64 Side A 12/23/2020 10:41:31 12/23/2020 64 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 64 Side B 12/23/2020 10:41:31 M K , , C Y 102 .13 Crit- OL , 49 U. [V orthe use 104 having sheriffs serve sub- serve sheriffs having because of not exercising the the exercising not of because 103 107 It has also repeatedly disenfran- to to conduct roll-maintenance can ) 12/21/20 6:32 PM suspends-voter-13175685.php (“Harris County 101 105 ELETE D OT OT N O (D 61 (2010). – (Apr. (Apr. 7, 2020, 5:36 PM), https://slate.com/news-and-poli- The Elon JournalLaw DOCX The Roberts Court Will Not Ensure the Constitution’s Most Most Constitution’s the Ensure Not Will Court The Roberts ). As such, even if the removal is undertakenremovalthe such,is withAs even if (July (July 31, 2016), https://www.nytimes.com/2016/08/01/us/critics-see- Not Registered to Vote? Sign This, Mail It, and Go Hire a Lawyer LATE 25 (2019). Harris County Mistakenly Suspends Voter Registrations After GOP After Registrations Voter Suspends Mistakenly County Harris 106 – When Names Disappear: State Roll-Maintenance Practices .438, 459 .438, PPROVED Critics See Critics Efforts See by Counties and Towns to Purge Minority Voters ,S . (Aug. 28, 2018, 6:24 PM), https://www.chron.com/news/houston- EV IMES (A INAL HRON .L.R ]. _F N.Y. T .1107, 1124 .1107, , A Year After Brooklyn InactionScandal,After VoterPurge andActionYearTimeline ofa A ASH ,C David H. Gans, EV Zach Despart, Zach ROWN (Apr. (Apr. 19, 2017), https://www.wnyc.org/story/year-after-brooklyn-voter-purge-timeline- .W -B Michael Wines, N.C. State Conference of the NAACP v. N.C. State Bd. of Elections, No. 1:16CV1274, RichardF. Shordt, Naila S. Awan, See See Allen v. City of Evergreen, No. 1:12:CV-00496-CB-M, 2012 U.S. Dist. LEXIS 117420, at EO .L.R G 6 (S.D. Ala. Aug. 20, 2012). 101 105 106 107 102 103 104 EM – HOLDEN are likely violated by the use of different methods of identification of identification methods use by the of different violated are likely jurisdictions, election state’s a amongst Challenge *5 2016 WL 6581284, at *1, *5 (M.D.N.C. Nov. 4, 2016). chised large swaths as a result of mistake or technological failure. or technological of mistake as a swaths result large chised thereby pushed, in turn, into the discretionary and uneven world of of world uneven and discretionary the into turn, in pushed, thereby have racially disparate impacts. Once so relegated, voters who voters learn Once so impacts. relegated, disparate have racially of this disposition of their registration upon arrival at the polls are texas/houston/article/Harris-County-mistakenly- M of mass-mailings by third-parties 124 C the the uniform and mandates of non-discriminatory the NVRA, which Shiftsfrom listing all persons with localaddresses on eligible lists to only those billed by a municipal utility, right, right, the result can be treatment of the registrant impacted in an actively voter putative a once manner partisan and uneven incredibly their assert to seeks right. maintenance, expressed through purges, makes suffrage the only con- only the suffrage makes purges, through expressed maintenance, disuse.” from “lost right stitutional poenas to appear at a hearing to prove their residence, their prove to hearing a at appear to poenas 78 tics/2020/04/john-roberts-court-will-not-ensure-right-to-vote.html. tics/2020/04/john-roberts-court-will-not-ensure-right-to-vote.html. from Rolls Fundamental Fundamental Right action-inaction/. action-inaction/. provisional ballots. provisional efforts-to-purge-minorities-from-voter-rolls-in-new-elections-rules.html [hereinafter Wines, Wines, [hereinafter efforts-to-purge-minorities-from-voter-rolls-in-new-elections-rules.html mistakenly mistakenly placed more than 1,700 voters on its suspension list in response to a local Republicanofficial’s challenge nearlyof 4,000voter registrations .”);Brigid. . Bergin . and Jenny Ye, WNYC ics See Efforts See ics 42838-elo_13 Sheet No. 64 Side B 12/23/2020 10:41:31 12/23/2020 64 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 65 Side A 12/23/2020 10:41:31 , , 125 1, 30 RLANDO RLANDO 07030353- ,O Identifica- Provision of of Provision 113 Similar to local to Similar 112 OLLABORATIVE OLLABORATIVE C 109 or, in challenges to challengesin or, instates which make 111 NCHORS NCHORS — A MPLICATIONS 44 (2019). 44 I – ENUMBRAS P QUITY QUITY E disenfranchise. .1,16http://campaignlegal.org/sites/de- 08, 1143 ) 12/21/20 6:32 PM — – 27 (1985). TR – ACIAL ACIAL ATIONAL C R ELETE Can’tPay, Can’t Vote: A NationalSurvey on the , D State State Defends Felons’ ‘Potential List ,N RANCHISE RANCHISE OT OT Thesemone- increasingly which policies, F Elsewhere, local officials from prosecutors prosecutors from officials local Elsewhere, N EGAL EGAL ITE O L S 108 110 (D .L.1105, 1107 .L.1105, www.orlandosentinel.com/news/os-xpm-2004-07-03-04 ! OLL ONST DOCX We Vote, We Count: The Need for Congressional Action to P V. ). Questions Questions Over Felon ‘Purge List’ Threaten Florida Governor RestoringFelon Voting Rights a‘Mess’ inBattleground Florida AMPAIGN AMPAIGN .J.C A PPROVED YouthVotingRights andtheUnfulfilled PromiseofTwenty-Sixth the OCAL OCAL (Oct. (Oct. 7, 2019, 7:48 AM), https://www.reuters.com/article/us-usa-election- ,C (A (July 4, 2004) 4, (July author). with file (on INAL , Linda So, _F , 21 U. P EUTERS R (July 3, 2004), https:// 2004), 3, (July ERALD ROWN -B H Local policies, which accentuate or ameliorate the effects of Hunter v. Underwood, 471 U.S. 222, 226 See, e.g. Bob Mahlburg & John Maines, Bromberg,Yael Gilda Daniels et al., GeorgetownLaw Civil Rights Clinic, 111 112 113 110 108 109 IAMI IAMI HOMSON HOMSON HOLDEN ENTINEL M K involving moral turpitude.” moral involving unfettered discretion, in to some discretion, unfettered instances, define excluding “crimes policies, local officials can also disenfranchise as they are granted T Amendment Secure the Right to Vote for All Citizens Modern Poll Tax to to public defenders implement collaborative policies to modify sen- tences, set aside financial penalties, and establish payment plans to S 2020] 2020] L C (Nov. (Nov. 2019), http://advancementproject.org/wp-content/uploads/2019/11/We-Vote-We-Count- Report-Web.pdf. inadequate polling locations or early voting sites for students, rollbacks rollbacks students, for sites voting early or locations polling inadequate of programs that preregister imminently eligible minors, prosecution fault/files/2019-07/CLC_CPCV_Report_Final_0.pdf (last visited Nov. visited (last fault/files/2019-07/CLC_CPCV_Report_Final_0.pdf 2020). 24, tize the municipal criminal justice system, can system, justice criminal municipal the tize financial legal satisfy to ability on dependent restoration rights voting convictions of out arising obligations the accuracy of state records, “err on the [side of the] right to vote” vote” to right the] of [side the on “err records, state of accuracy the on the roll. voters excluded prospectively by retaining story.html; Marc Caputo, M florida-felons-insight/restoring-felon-voting-rights-a-mess-in-battleground-florida- tion tion requirements, which can operate as modern poll taxes because documentation, underlying necessary the obtaining of expensesthe of refranchise in the face of state-imposed barriers, state-imposed of face the in refranchise poverty, location, disability, and senses of belonging or otherness, each each otherness, or belonging of senses and disability, location, poverty, extendintoballot the box. and misinformation about eligibility, and electoral gerrymandering idUSKBN1WM0YV. render localities responsible for render responsible barriers localities to the youth vote and “the [A]mendment.” [T]wenty-[S]ixth the of promise unfulfilled C Y 42838-elo_13 Sheet No. 65 Side A 12/23/2020 10:41:31 12/23/2020 65 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 65 Side B 12/23/2020 10:41:31 M K – C Y 116 .13 U. L. OTER .(Feb. .(Feb. ,1,8 V OL NST [V I IBERTY IBERTY TATE ., S : How : TexasCan , 8 L ILLIAMS 21083 (2018). ONSIDERATIONS ERV W S C § ,HPR(Oct. 13, 2018), 2018), 13, ,HPR(Oct. Localities have im- . 335, 345 (2017). OLICY EV or as broader policies 120 P ,UCLA 12 (2008)12 (Souter, dissenting).J., ESEARCH ESEARCH – 118 L. R AND AND .R , transportation transportation to government 303(b), 52 U.S.C. U.S.C. 52 303(b), ONG SSUES § I ORDHAM 114 ., C intellectuallydisabled or mentally ) 12/21/20 6:32 PM The The Potential Impact of Voter Identification 121 EGAL EGAL , 86 F ELETE D ,L Brandon S. Baker, Texas v. Holder v. Texas Baker, S. Brandon OT OT N Thus, the creation by localities of alterna- of localities by creation the Thus, O see ISHER ET AL NALYSIS (D 117 The Elon JournalLaw :A A. F DOCX ). RIC RIC “I Am Am A Undocumented and “I Affirmative Citizen- Yorker”: CityNew PPROVED (A State Strips Then Delays Native Voting Rights note 88, at 979; 979; at 88, note EQUIREMENTS R INAL 03 (2014). or even internet and telephone connectivity and housing,and connectivity telephone and internet even or , Help America Vote Act of 2002 – _F supra can serve to counter the ill effects of such mandates, which which mandates, such of effects ill the counter to serve can 115 ROWN 119 -B In Missouri, you can issue a “local election authority IDs,” therefore helping with Amy C. Torres, See, e.g. Pitts v. Black, 608 F. Supp. 696, 696, 704 (S.D.N.Y. 1984) (holding that the Board’s Foley, Foley, 211 181, U.S. 553 CrawfordElectionCty.Marion Bd., v. C.S. Hagen, Kathryn O’Neill & Jody L. Herman, . 371, 402 118 119 121 115 116 117 114 (2016), https://fas.org/sgp/crs/misc/R42806.pdf. 120 EV HOLDEN DENTIFICATION voter ID problems. E to a limited extent, exist in every jurisdiction. affirming identity, civic participation, and access to public and private private and public to access and participation, civic identity, affirming goods, mense mense power to both enfranchise and disqualify entire classes undomiciled, the of voters, including Enact a Stringent Voter ID a Voter Enact Law Stringent and 3(C) Section Avoid Preclearance Laws on in Voters the Transgender 2020 General Election tive tive IDs, either for use, specifically electoral 2020), https://williamsinstitute.law.ucla.edu/publications/trans-voter-id-impact/. ship and New York City’s IDNYC Program application of New York State Election Law to refuse to allow homeless individuals to violated premises fixed inhabit to have not that did they the on ground vote register to 1985). App. Ct. (Cal. 113 110, Rptr. Cal. 221 Menzel, v. Collier clause); protection equal the http://hpr1.com/index.php/feature/news/state-strips-then-delays-native-voting-rights. 10 I 126 C R all all serve to deter the elderly, immobile, or impoverished as well as voters transgender or those who do not present in conformity with norms. gender traditional including certified birth certificates, agencies, 42838-elo_13 Sheet No. 65 Side B 12/23/2020 10:41:31 12/23/2020 65 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 66 Side A 12/23/2020 10:41:31 , 125 OST 127 but but .P LECTION LECTION 127 E 209 (2017); ASH Legal Aliens, Aliens, Legal ,W Understanding OUNTY OUNTY THICS C (Sept. (Sept. 14, 2004), non-residents, May v. Town of Elections, Op. Wash.Op.Elections, 124 OST ,L.,&E Y ’ But see But EFFERSON .P OL see see also P , J ASH MPLICATIONS I ,W EALTH EALTH www.ncsl.org/research/elections-and-cam- . 1663, 1677 (2001). 601 (2002); Hamilton v. Ashland Cty. Bd. EV J. H ) 12/21/20 6:32 PM 601(a) (2002); Jamin B. Raskin,B.Jamin (2002);601(a) § 14 (2016); Heather K. Gerken, Gerken, K. Heather (2016); 14 – § Lowering the the Age: AVoting Feasibility Legal Lowering ATIONAL ALE .L.R ELETE D olitics/2004/09/14/dementia-and-the- ,N ARV OT OT art. VI, N , 17 Y art. VI, VI, art. ITE 94 (Colo. App. 1998) (In sustaining(Inruleauthorityhome1998) (Colo. App. 94 O S – . 2213, 2213 2213, . (D ODE EV ODE , 114 H 95 (2017). 95 (Oct. 2008), (Oct. https:// 2008), NonresidentVote Dilution Claims: Rational Basis or Strict – .C .C OLL ,https://d3n8a8pro7vhmx.cloudfront.net/fairvote/pages/245/at- DOCX P UN ). .L.R UN Takoma Park Grants 16-Year-Olds Right to Vote with implications not only for the exclusion of HI . 1391 (1993). PotentialCitizens’ The Rights: Case for Permanent Resident Vot- ., M Dementia Dementia and the Voter ., M ITIZEN D EV D C Non-Resident Property Rights Voting 126 U. C PPROVED R Suffrage for People with Intellectual Disabilities and Mental Illness: OCAL OCAL . 1393, 1394 It is worthwhile to note that despite forgoing, many ,M ,M (A EGISLATURES the currently or formerly incarcerated, formerly or currently the EV 128 ,83 ARK .L ARK INAL P T 123 P _F .L.R .S , http://www.jeffersoncountytn.gov/government/election-commission/non-resident-, EX ENERATION ROWN ONF -B C youth, AKOMA AKOMA AKOMA AKOMA ,G , , 141 U. PA. L. DavidM. Howard, Comment,Amanda Mayo, Nonresident Property Owners and Voting in Local Elections: A Paradigm Shift? Charles Charles Kopel, Lindsay A. Powers, T T

L ’ , 95 T 126 127 128 125 122 123 122 124 AT OMMISSION HOLDEN M K the Right the to an UndilutedVote Study of Elections, 320 F. App’x 307 (6th Cir. 2008); Richardson v. Ramirez, 418 U.S. 24, 33 given n.12 any almost of convicted person “a that showing report California a (quoting (1974) to ineligible and counties California some in vote to eligible is he that find would felony vote in others”). (May 14, 2013), https://www.washingtonpost.com/local/takoma-park-grants-16-year-olds-right-to- 2013), 14, (May vote/2013/05/14/b27c52c4-bccd-11e2-89c9-3be8095fe767_story.html. Att’y Gen. AGO 2018 No. 6 (2018) (arguing that local governments cannot allow people under eighteen to vote in local elections); ill, Shankar Vedantam, ing N Observations onObservations a Civic Controversy Local Local Citizens: The Historical, and Constitutional Theoretical Meanings of Alien Suf- frage statewide, concern.”); Mountain Village, 969 P.2d 790, 793 790, P.2d Mountain 969 Village, stated court thenonresident propertyowners, to vote the extend to communityresort a of not local, of matter a is elections municipal and local in voters of qualification “the that tachments/original/1450727271/Voting_Age_Feasibility_Study.pdf?1450727271 (last visited Nov. tachments/original/1450727271/Voting_Age_Feasibility_Study.pdf?1450727271 24, 2020). C property-rights-voting/ (last visited Nov. 24, 2020). 2020] 2020] L C persons persons from and genuine membership, representation political also the dilution or enhancement of the votes of other members of of members other of votes the of enhancement or dilution the also electorate. the and non-citizens, https://www.washingtonpost.com/archive/p voter/6feae54f-abeb-4621-a6c9-cbda20ecc989/. of theof other attributes citizenshipof which are universally borneby above, the by preserved nevertheless are expatriates of votes the the ScrutinyReview? paigns/nonresident-property-owners-voting-local-elections.aspx; C Y 42838-elo_13 Sheet No. 66 Side A 12/23/2020 10:41:31 12/23/2020 66 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 66 Side B 12/23/2020 10:41:31 M K . C Y 129 EV .13 OL .L.R 18 (2016). 18 (2016). – [V ROOK . (2017).907 839, Where ballot 10, 2313 EV As the courts – , 81 B 130 131 2309 .L.R , OLUM ’s Balancing Test Still Applies Applies Still Test Balancing ’s (Apr. 26, 2012), https://washing- 2012), 26, (Apr. RANCHISE F , 117 , C . 829, 832, 863 (2019). ONTHLY ONTHLY EV .M ) 12/21/20 6:32 PM ASH ., https://harvardlpr.com/2020/08/24/why-whole- ELETE EV D W R UNDING THE THE UNDING Whole Woman’s HealthWoman’sWhole OT OT Y ’ N F .C.R.-C.L.L.R O OL The The strictures of federal election law pass (D Why ARV The Elon JournalLaw ! 133 Jails as Polling Places: Living theObligationto PollingPlaces: Enfran-Up toJails as DOCX The direct costs associated with an election are are an election with associated costs direct The ). Abdication and Federalism and Abdication . L. & P VI. , 140 S. Ct. 2103 (2020), this standard still controls, for the time , 54 H 134 ARV Unconstitutional but Entrenched: Putting UOCAVA and Voting PPROVED (A Bankrupting the Vote, INAL ,David S. Cohen, S. ,David _F Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 132 at 844. ROWN -B Especiallyas localities struggle with dire financial circumstances, See,e.g. June Medical, H See Ed Kilgore, JustinWeinstein-Tull, Brian C. Kalt, DanaPaikowsky, Note, Id. June MedicalJune Russov. 131 132 133 129 134 130 HOLDEN chise chise theVoters WeJail expensive compliance costs onto the states, who in turn abdicate down. itway the all Rights for Permanent Expatriates on a Sound Constitutional Footing have, perhaps temporarily, recognized, the formal bounds of a policy policy a of bounds formal the recognized, temporarily, perhaps have, fundamental a burdens itself policy the whether determine longer no right; it is only by extending the inquiry to forcesinteracts with the way the polit- includingcontrol, government’s the policy beyond can realization for implications true the that trends, financial and ical seen. be tonmonthly.com/2012/04/26/bankrupting-the-vote/. womans-healths-balancing-test-still-applies-after-june-medical/ (last visited Nov. 24, 2020); 24, Nov. visited (last womans-healths-balancing-test-still-applies-after-june-medical/ Ma- her v. Roe, activity.”). 432 alternative U.S. an 464, of 475 encouragement (1977) state (“There and is activity a protected a basic with difference between interference direct state 441, 441, 461 (2016). 128 C at risk of bankruptcy. suffrage rights, which are contingent on public funding, are constantly constantly are funding, public on contingent are which rights, suffrage While some of thesesomeWhileof exclusions are statutory, areotherstheresult of either deliberate choices by LEOs or the inevitable effects of other The policies. ability for governmental an voter indigent to arrested vote depends greatly on the jurisdiction making of affirmative efforts to detention, provide ballot withaccess to eligible some incar- process. any lack others while in jails, voters cerated Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”). Act Voting Absentee Citizens Overseas and Uniformed However, there is presently a judicial and scholarly debate of about whether in the wake myriad from compensating poll workers and purchasing (and detention detention practices become determinative of access. access access is dependent on law enforcement discretion, “the power of arrest becomes the power to disenfranchise” and variable pretrial being. After 42838-elo_13 Sheet No. 66 Side B 12/23/2020 10:41:31 12/23/2020 66 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 67 Side A 12/23/2020 10:41:31 138 139 129 note note TATE AILING F ?S S I supra OGETHER YSTEM T S 131 (2002). ORKING ] (“In 2016, Macon, Georgia, Macon, 2016, (“In ] LECTION LECTION E :W YSTEM UR S Hubler & Underhill, O MPLICATIONS I RIEFING HY HY B PARTY - , 116th Cong. (2019) (statement of Elena :W note 96, at 10. 96, note see also Election Costs: Who Pays and with Which Which with and Pays Who Costs: Election WO ) 12/21/20 6:32 PM T EFORM EFORM NDEX I R ATIONAL ELETE supra D , (Mar. 2018), (Mar. https://www.ncsl.org/research/elections- 2018), ,N Diminished compensation has negative OT OT 7 (2002); N ITE 135 O LECTION S (D EMOCRACY EMOCRACY ,E D XPERIENCE By By starving localities for resources, vote sup- YRANNYOF THE E OLL HE DOCX T P ). EGISLATURES 141 ROJECT ,T casting the line-leaver as the barrier to the exercise exercise the to barrier the as line-leaver the casting P HE .L OORDINATION Voting Technology Needs an Upgrade, but Who Will Pay for T C OTING 24 (2009). 24 ,T 142 PPROVED V .S OCAL OCAL ERKEN T (A I ISCH ONF (Nov. (Nov. 2016), https://www.governing.com/topics/elections/gov-voting-technol- D IX C K. G INAL F Deferred maintenance of our election infrastructure, like LECTION Insufficient funds to purchase new technology or conduct L _F ’ E VotingRightsElectionand Administration Hearing MERICAN ONSTITUTION ONSTITUTION ANE In the vast majority of states, localities are responsible for J.B. Wogan, AT J A C 140 136 ROWN , N -B EATHER EATHER OW TOOW 137 HE HE OCAL OCAL ISA OVERNING L Voting Rights and Election Administration in America: Hearing Before the Sub- Katy Owens Hubler & Wendy Underhill, Id. See L T H T H

141 139 135 136 137 138 142 140 , G HOLDEN M K evidence of neglect. courages investment in visible problems rather than sporadic, if annual, annual, if sporadic, than rather problems visible in investment courages maintaining) equipment to purchasing supplies or postage and distrib- and postage or supplies purchasing to equipment maintaining) uting materials. registration election officials tried to move a voting precinct to a police station in a largely largely African- a in station a police to precinct a voting move to tried officials election American community.”). AND AND comm. on Elections of the Comm. on H. Admin. Nunez, Director of State Operations and Ballot Measure Strategies [hereinafter at Common Cause) 135. Funds? and-campaigns/election-costs-who-pays-and-with-which-funds.aspx. It? ogy-machines.html. AND 2020] 2020] L C pressors can ensure actual in-person voting extends beyond the the time beyond extends voting in-person actual ensure can pressors implications for recruitment and quality impactsavailable numberandearly siteswait daythe or ofelection of staff, which in turn or distributed registra- being ballots times, absentee the of timeliness tions and the processed, access of robustness and language disability services. votes. routine routine maintenance result in continued usage of machines which have exceeded their useful life and are likelier to break or lose As such, our “system leaves the value of theit.” in vote to invest be to determined afford can county given a dollars tax whatever by Since, in many jurisdictions, elections are perceived as a recurring, the majority, if not all, the attendant costs of election administration. election of costs attendant the all, not if majority, the our physical infrastructure, is a consequence of localism, which en- voters can spare, can voters maybe twice a year, rather than persistent funding need, administrative administrative need, funding persistent than rather year, a twice maybe entities who must be engaged in constant registration and voter roll maintenance activities are often considered the last priority in local budgets. C Y 42838-elo_13 Sheet No. 67 Side A 12/23/2020 10:41:31 12/23/2020 67 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 67 Side B 12/23/2020 10:41:31 M K . , C Y EV L.J. .13 L. R OL ALE [V ERCY ERCY ,129 Y ,129 .-M ET Precincts, Precincts, often are assembled to 144 note 2. note

, 94 U. D 147 supra RANCHISE , F ) 12/21/20 6:32 PM on, or non-decision to rezone can olitical geography, olitical Accurate precinct information, which ELETE D Centering Cities Centering 145 ONINGTHE OT OT Z N O (D ! The The Burger Court and the New Federalism: Preliminary The Elon JournalLaw Fighting Back to Protect Student Voting Rights Voting Student Protect to Back Fighting DOCX The The Reproductive Rights Charter ). VII. Properly Properly sizing a precinct ensures that it is ade- 73 (1980). Cholden-Brown, – 68 (discussing the frequency in which voter confusion regarding – PPROVED 146 (A see INAL at 266 The local power to “zone” includes both the obligation The to to local power the both includes obligation “zone” .763, 767 .763, _F 63 (2019) (discussing how legislative mapmakers can skew districts’ racial and EV – M. David Gelfand, 143 JoaquinGonzalez, at 267 (discussing how at least 114 voters cast ballots in incorrect precincts, 68 (2019); ROWN – -B The zoning power, uniquely held by local government, in addi- in government, by local held uniquely power, The zoning See Id. See id. See Louis Cholden-Brown, B.C. L. R 145 146 147 143 144 HOLDEN including one where a corresponding election was determined by 37 votes). 37 by determined was election corresponding a where one including 557, 567 130 C F. 258, 262 tion tion to has the been implications, obvious takings utilized to restrict access to constitutionally protected activities and govern constitutive families. political demographics, and ultimately affect voters). many for thelocations availability of easily accessibly polling determines not only the location from which you vote, but vote, you which from the only location not determines also the quately resourced and staffed so that long lines and wait times are minimized such that refusal, inacti act. affirmative an as justdeterminative be as apportioned on the basis of one p one of basis the on apportioned for others and to elections the numerous assignment administer the wrong one can shift the elections in which a vote can be castand, in rare circumstances, swung. without demanding an ID, rejecting a signature, or tabulation. misreporting a correct precinct locations results in provisional ballots that often-become discarded votes). designate local districts for municipal for districts by local exercised designate generally elections, to imperative the with boundaries, those serving legislators elected the which the vote, of administration effective the for precincts classify Reflections on the Roles of Local Government Actors in the Political Dramas of the 1980’s the of PoliticalDramas the in ActorsGovernmentLocal of Roles the on Reflections 21 specific specific table or machine within the cavernous sometimes room, en- and identified be can in and registration cast, your vote that a sures married with the procurement of actual sites implications generate for significant physical access of varied forms. some instances an instruction some to an instances vote instruction cast ballot a in your lieu provisional of in result can scanner or site correct the to redirected being being discarded. 42838-elo_13 Sheet No. 67 Side B 12/23/2020 10:41:31 12/23/2020 67 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 68 Side A 12/23/2020 10:41:31 ., T . . S 131 HIO O AT L. 3, Democratic Nat’l Comm. Comm. Nat’l Democratic 3, – LECTION as wellas federal the as RANCHISE 148 F MPLICATIONS I .U.:E but those administrators also also administrators those but T S 149 Localities have alsohave Localities amicus filed HIO ) 12/21/20 6:32 PM 150 , Shelby County v. Holder, 570 U.S. 529 (Feb. ATIONAL 5 ,O ELETE – D ,N OT OT N ITE ITIGATING THE O S L (D ! OLL DOCX therefore can offer a unique perspective on the operation of operation the on perspective unique a offer can therefore P ). Brief of Merced County, California, as Amicus Curiae in Support Support in Curiae Amicus as California, County, Merced of Brief VIII. PPROVED Amici OCAL OCAL (A see alsosee INAL In addition, local election officials have initiated litigation _F 151 ROWN -B The litigation authority of local prosecutors, law departments, or or departments, law prosecutors, local of authority litigation The See Major Pending Election Cases Id. Memorandum of Law in Support of Intervention at 1, United States v. N.Y. State at Respondents of in et Support al. York New of The City Curiae, Brief Amici for 151 148 149 150 HOLDEN M K 1, 2013) (No. 12-96) (“ Respondents and Urging Affirmance at 2 the bailout provisions and the actual procedures and costs associated with the process . process the with associated costs and procedures actual the and provisions bailout the this Court should again uphold Section 5 and the Act’s coverage formula.”); Brief for Amicus Curiae Maricopa County of in Support Petitioner at 2 briefs briefs seeking to preserve the VRA, through delineation experiences of their or in support of state thereof. policies alleged to be violative can affirmatively can seek to affirmatively abolish those regimes as arguably accom- directly not have when localities Even sued, County. Shelby by plished intervenedfederal in lawsuits against their states, often alleging poor “actually representation for by responsible were the they state that asserting who and had inaction, through made compliance impossible implement[ing], at the ground level” funding. these mandatesforego and to thus slated were parties the merits merits of bailout County efforts the which by about any jurisdiction, covered other each of jurisdiction. facts The unique the success on of turn necessarily those efforts will has no direct However, theknowledge. County does have knowledge about the circum- historyownstancesitsbailout,ofits Countyunder theandwhich Section believes5 may be of interest and assistance to the Court in this the case.”); determinations Brief of Amici that Curiae it Jurisdictions That must Have make Bailed Out in in Support of Bd. of Elections, No. 06-CV-0263 (GLS) (N.D.N.Y. July 25, 2007). July 25, (N.D.N.Y. (GLS) 06-CV-0263 No. Elections, of Bd. 2, Shelby County v. Holder, function 570 governmental U.S. with interfere 529 or on (2013) burden undue an (No. impose not 12-96) do requirements (“The Section 5 preclearance has, to, and continues like New In York City. preclearance fact, in jurisdictions covered provide substantial benefits to New discrimination.”); York City and theCounty(“Merced(2013) 12-96) (No. 529 U.S.570 Holder, County Shelbyv. 4, Partyat nation No of in eliminating voting does not purport to speak for the Attorney General, nor does it have any view on the https://u.osu.edu/electionlaw/major-pending-election-cases/ 2020). 24, Nov. (last visited 2020] 2020] L C government government for VRA violations or noncompliance with the NVRA, or (“HAVA”) Act Help VoteAmerica electoral agencies contributes to vote access both locally and nationally. and locally both access vote to contributesagencieselectoral As the implementors of stateelection law, not only are local boards, such as in Marion implemented, as County, mandates those often by aggrieved the subject of suit by voters C Y 42838-elo_13 Sheet No. 68 Side A 12/23/2020 10:41:31 12/23/2020 68 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 68 Side B 12/23/2020 10:41:31 M K , . - C Y 153 160 or OC .13 IMES OST P ERALD 154 OL (Jan. (Jan. 7, H [V .L.&S EWS ,N.Y.T EV EWS Threats Threats of ITTSBURG .R ,N 156 ,P ALIF ,ABCN and the discretion 157 , 17 S. C 00894/2012 (N.Y. Sup. Ct. Apr. Brnovich Brnovich v. Democratic Nat’l Comm., or against other instrumentalities instrumentalities againstotheror ) 12/21/20 6:32 PM 152 and candidates who fail to submit ELETE D docketed as 2003, the District Attorney attempted to prevent OT OT 155 N elsewhere in the state, prosecutors did not While only one county in North Carolina O (D 159 The Elon JournalLaw 158 DOCX ). Voting Rights in Texas: 1982-2006 Vote-Selling Web Site Investigated for Fraud Lawsuit Planned over Pennsylvania’sLaw over ID Planned Voter Lawsuit PPROVED (A Arrested, Arrested, Jailed and Charged With a Felony. For Voting. INAL illegally illegally voting,” and in 43 (2008) (Students at a historically(Students(2008)a African-Americanat43 universityindictedwere _F – (June 16, 2012, (June 5:38 16, 2012, PM), http://www.post-gazette.com/news/state/2012/06/16/Law- ROWN -B Jack Healy, Id. DA Cites ‘Compassion’ for Not Prosecuting Voter Fraud Case Len Barcousky, Sup. (N.Y. 819 N.Y.S.3d 108 Mostofi, v. Elections of Bd. Ct. 2019). Audrey Cooper, Bd. of Elections v. Hill, Woodhaven-Richmond No. 04 Sup. (N.Y. 0405651/2001 No. Index Diaz, v. Elections of Bd. 2002). 23, Ct. Oct. Nina Perales et al., . 713, 741 713, . 158 159 152 153 155 156 157 160 154 AZETTE UST HOLDEN like student voters in Waller County, Texas, students from registering and voting by threatening to prosecute students Prairiewho View theiras residence).declared 25, 2012). prosecution or indictment often intentionally target populations target directly, intentionally often indictment or prosecution (Aug. (Aug. 2, 2018), https://www.nytimes.com/2018/08/02/us/arrested-voting-north-caro- prosecuted unintentional improper voting under the state’s felon dis- state’s felon under the voting improper unintentional prosecuted enfranchisement regime, G https://www.morganton.com/news/da-cites-compassion-for-not-prosecuting-voter-fraud-case/ar- 2006, 7:30 AM), https://abcnews.go.com/amp/Technology/story?id=119359&page=1. J v. Hobbs, 948 F.3d 989 (9th Cir. 2020), 132 C of local government considered to be intruding upon their province. their upon intruding be to considered government local of An Iowa did woman who convictedwoman Texas of a double-votingwhile fine, received$750 a aand sentenceprobation years’ of two a received the five terms not of release her understand supervised LEOs have also sued private parties who seek to monetize votes monetize to seek who parties private sued also have LEOs in in 1992 for “ suit-planned-over-Pennsylvania-s-voter-ID-law/stories/201206160172 (discussing how Allegheny County election board planned to “challenge the state’s new voter ID law as being too thefor time in to implement difficult too and expensive election”). . . . fail to provide polling sites against the state to force changes, force to state the against lina.html?smid=tw-share (“I don’t think he targeted black people. But if you cast that net, net, that cast you if But people. black targeted he think don’t (“I lina.html?smid=tw-share to more catch African-Americans.”). going you’re afforded afforded means that charging decisions, and subsequent sentences, impacts. have racialized necessary filings or satisfy requirements for the ballot. or requirements filings satisfy necessary ticle_766b15cc-2ad8-11e7-abfa-8f9665252d92.html (last updated Mar. 15, 2019). 15, Mar. updated (last ticle_766b15cc-2ad8-11e7-abfa-8f9665252d92.html (No. 19-1257). 19-1257). (No. charge a woman who voted twice, including as her deceased mother. deceased her as including twice, voted who woman a charge 42838-elo_13 Sheet No. 68 Side B 12/23/2020 10:41:31 12/23/2020 68 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 69 Side A 12/23/2020 10:41:31 133 note 62 note supra 121 (R. Michael (R. 121 , ORRIS ANIPULATION , https://www.11alive.com/arti- M ., https://www.desmoinesregis- RANCHISE EG LIVE F MPLICATIONS R I A www.timesunion.com/news/article/En-

,11 LECTORAL LECTORAL 166 E OINES (Apr. 26, 2016), https://news.yahoo.com/poll- 2016), 26, (Apr. Polling Problems: Election Judge Late to M ) 12/21/20 6:32 PM (Mar. 23, 2016), https://www.thenation.com/ar- 2016), 23, (Mar. !(Aug. 29, 2018), https://www.democra- 2018), 29, !(Aug. -in-arizona-because-the-supreme-court-gutted-the- ATIONAL ES ELETE NEWS D ! OW ,N ETERRING ETERRING N ATION ,D OT OT D How a Georgia Grandmother Almost Went to Prison to Went Almost Grandmother Georgia a How N ITE THE ROCURING ,N O S or a desire to dissuade certain voters or P YAHOO (D , 162 that ensure that the repercussions of trying to to trying of repercussions the that ensure that Such decisions may be tinged with partisanship, with tinged be may decisions Such OLL ! DOCX P ). EMOCRACY EMOCRACY 163 161 Envelope Envelope Snafu Creates Last-Minute Problems for New York the acquisition and selection of sites for registration registration for sites of selection and acquisition the IX. ETECTING AND ETECTING Dozens of Felons Have Been Caught Illegally Voting in Iowa. So (June 1, 2020, 6:15 PM), https:// PM), 6:15 2020, 1, (June , D 165 :D PPROVED OCAL OCAL There There Were 5-Hour Lines to Vote in Arizona Because the Supreme (A NION RAUD U INAL F _F IMES the the untimely delivery of which can result in long waits or ROWN ,T -B In addition to procuring the necessary temporary employees, 164 LECTION LECTION Ari Berman, Jason Clayworth, Basye, Lindsey & Pierrotti Andy Rachel Silberstein, Meet Crystal Mason, the Black Texas Mother Facing 5+ Years in Prison for Voting in Voting for Prison in Years 5+ Facing Mother Texas Black the Mason, Crystal Meet E

161 165 166 162 163 164 HOLDEN M K – And Why Some Are Calling It Voter Suppression Schools Alvarez Alvarez et al. eds., 2008) (Keys for building); Machines,AngersVoters Unlock (“Elsewhere, people were turned away from Hartford Connecticut polling places that did places polling Connecticut were from Hartford turned away people (“Elsewhere, lists.”). polling received not had they since time on open not ticle/archive/there-were-five-hour-lines-to-vote Court Gutted the Voting Rights Act Rights Voting the Gutted Court the 2016 Election Why Aren’t They Being Punished? intentional blindness to the complicity mislead of putative voters, poll workers who may activities, early voting, and election day can play an important struc- important an play can day election and voting, early activities, ensuring and staff for turing role. Each of need the these interplay; purchases sheer number of the as well as costs overall implicates sites at requisitions each sufficient location. It also for poses implications times. wait and proximity, accessibility, 2020] 2020] L C cynow.org/2018/8/29/meet_crystal_mason_the_black_texas. velope-snafu-creates-last-minute-problems-for-15308182.php. technology, technology, ballot variations, and incident supplies, including enve- cle/news/investigations/how-a-georgia-grandmother-almost-went-to-prison-and-why-some-are- foregoing a vote, a foregoing ing-problems-election-judge-unlock-225237769.html (Keys for machine); N machine); for (Keys ing-problems-election-judge-unlock-225237769.html exercise your right to vote, or assist others in such, are a matter of whim. simple voting-rights-act/ (70% reduction of polling places in Maricopa County resulted in 5-hour ter.com/story/news/investigations/2019/01/20/iowa-election-felons-caught-illegally-voting-not- year prison sentence. prison year vote-getting activities vote-getting lopes, waits). punished-felon-rights-prosecuting-kim-reynolds/2583138002/ (last updated Jan. 23, 2019, 8:50 calling-it-voter-suppression/85-606018313 (last updated Dec. 4, 2018, 4:18 PM). AM). C Y 42838-elo_13 Sheet No. 69 Side A 12/23/2020 10:41:31 12/23/2020 69 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 69 Side B 12/23/2020 10:41:31 M K , , C Y 167 By .13 IMES IMES John 171 OL [V ,N.Y.T see also has implications has implications :NY1(Mar. 29, 2019, 2019, 29, :NY1(Mar. EWS 174 7 (2019), https://cpb-us- (Oct. (Oct. 11, 2004, 12:00 AM), N Voting Rights and Election IMES T 172 PECTRUM PECTRUM ,S ‘The ‘The Quiet Revolution’: Convenience ,L.A. can benefit some, requirements requirements some, benefit can (Feb. (Feb. 26, 2020, 10:00 AM), https://talking- 170 ) 12/21/20 6:32 PM /10/24/us/voting-college-suppression.html. EMO EMO ELETE The selection of balloting technology, D M OT OT 173 Voting Rights and Election Administration Hearing N O OINTS OINTS note 142 note (D P The Elon JournalLaw DOCX ). note note 95; can depress enthusiasm and intimidate voters. supra , https://www.wric.com/news/politics/local-election-hq/city-of-rich- , Despite Tax Breaks, These City Institutions Shut Doors on Voters on Doors Shut Institutions City These Breaks, Tax Despite City City of Richmond Announces Parking Restrictions for Tuesday’s ALKING note 3, at note 3, 413. 169 The The Boss of the NYC Board of Elections PushingIs for New Voting EWS ‘Panties in a Bunch’: Kansas Official Blew off Concerns About 2018 About Concerns off Blew Official Kansas a in Bunch’: ‘Panties PPROVED The Student Vote Is Surging. So Are Efforts to Suppress It Suppress to Efforts Are So Surging. Is Vote Student The supra ,T (A supra :8N INAL Nov. 2 Is V-Day for Blacks in Florida _F ABC (Jan. 14, 2020, 5:00 AM), https://gothamist.com/news/despite-tax-breaks-these-city- AM), 5:00 2020, 14, (Jan. orplacement ofsites withinpublic buildingsassociated with Brigid Bergin, Bergin, Brigid , ROWN 168 -B note 142. In 2016, Macon, Georgia, election officials tried to move a voting precinct precinct 142. note voting a move to tried officials election Georgia, Macon, 2016, In Local choice and faulty implementation of different balloting With geographic accessibility playing a large role in turnout, Michael Wines, Wines, Michael See Schragger, Courtney Gross, Jeronimo Cortina & Brandon Rottinghaus, Tierney Sneed, Vasilogambros, WRIC Newsroom, 171 172 173 167 168 169 174 170 OTHAMIST OTHAMIST HOLDEN supra mond-announces-parking-restrictions-for-tuesdays-elections/ (last updated Nov. 1, mond-announces-parking-restrictions-for-tuesdays-elections/ 2018, 3:58 PM). law enforcement, to a police station in a largely African-American community. community. African-American largely a in station police a to AdministrationHearing that sites have “sufficient non-permitted parking” can eliminate poten- eliminate can parking” non-permitted “sufficient have sites that students. college among including turnout, suppress and sites tial mechanisms, which deploy more than 300,000 pieces of votingmechanisms, of thanmore whichpieces 300,000 deploy equip- ment in a national election, can result in significant differences in the number a of votes disenfranchising discarded amongst localities, of subset a state’s electorate. quiring organizations operating out of city-owned governments buildings,local on sites, pollcity- be to breaks tax receiving or land, owned requiring requiring more public agencies to conduct voter registration or re- G institutions-shut-doors-voters. institutions-shut-doors-voters. While selection criteria like ensuring sufficient available parking, po- voters, for it restricting by tentially Elections From Made Benefited by He a Company Machines Voting, Vote Centers, and Turnout in Texas Elections Polling Place Move (Oct. 24, 2019), https://www.nytimes.com/2019 2019), 24, (Oct. 134 C https://www.latimes.com/archives/la-xpm-2004-oct-11-na-blackvoters11-story.html. pointsmemo.com/news/house-oversight-kansas-voter-rights-investigation-update; selection selection of sites distant from public transit or lacking pedestrian access, often fraught with financial conflicts of interest, w2.wpmucdn.com/web.sas.upenn.edu/dist/7/538/files/2019/06/Cortina-and-Rottinghaus-ESRA- 2019-Paper.pdf. can operationalize their operationalize can interests. proprietary M. M. Glionna, 42838-elo_13 Sheet No. 69 Side B 12/23/2020 10:41:31 12/23/2020 69 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 70 Side A 12/23/2020 10:41:31 135 , N.Y. ,(Nov. 6, 6, ,(Nov. LOBE .G OS may may be lacking For instance, the ,B 177 178 (Nov. (Nov. 6, 2018, 9:23 PM), MPLICATIONS I Despiteknowing that machines LECTIONLAND ) 12/21/20 6:32 PM 180 :E ATIONAL (Sept. 29, https://www.bloomberg.com/fea- (Sept. 2016), ELETE D ,N or depleted batteries, OT OT UBLICA N P ITE Machines have often exceeded their ten- O S 176 RO (D 179 The Computer Voting Revolution IsRevolution Voting Computer Buggy, The Crappy, Already ,P USINESSWEEK OLL DOCX Voting Problems Surface as Americans Go to the Polls P ). :B Even when a state attempts to assert uniformity in in uniformity assert to attempts state a when Even What Went Wrong at New York City Polling Places? It Was Some- Brian Kemp’s Voter Suppression in Georgia note 177. note PPROVED OCAL OCAL 181 (A LOOMBERG INAL supra ,B scanner scanner misfeed, _F e Graham, Michael Riley et al., al., et Riley Michael 175 é ROWN (Nov. (Nov. 6, 2018), https://www.nytimes.com/2018/11/06/us/politics/voting-issues-election- -B Ren See Id. Id. Graham, Danny Hakim et al., Ian MacDougall, 181 177 178 179 175 176 180 IMES HOLDEN M K year life spans, and run on systems that obsolete and unsupported operating require the freezing. and hacking to vulnerable maintenance of custom servers that are systems utilized therein, LEOs can engorge narrow discretion to dissent. to discretion narrow engorge can LEOs therein, utilized systems In one instance, after two days of early voting, the Athens-Clarke for casting and auditing the vote. The use of paper ballots, which avoids the errors prevalent with machine-based systems while also ensuringpaper atrail forrecounts, requires theprovision assistiveof technology and so, if utilized as a glitches, back-up because of technical thing in the Air. Literally. Obsolete and T 8:24 8:24 PM), https://www.ny1.com/nyc/all-boroughs/politics/2019/03/29/nyc-board-of-elections-boss-mike-ryan-pushing-for-voting-machines-made-by-ess-company-he-is-familiar-with. 2020] 2020] L C https://www.propublica.org/article/new-york-city-polling-places-midterms-2018-humidity. can lose votes, whether because of mixed-up cartridges or anti-virus or anti-virus cartridges of mixed-up because whether votes, can lose con- administrators thatlocal many ensure cost constraints programs, they tinue to use to demonstrated software possess when them flaws, requiring except votes, dropped identify to protocols special utilize to complying. stop service service fees, can be consequential for elections. the requisite assistive accommodations. The selection of the technology, technology, the of selection The accommodations. assistive requisite the which is often rushed to market by manufacturers to comply with HAVA deadlines without adequate testing and with software flaws or too little memory, and its maintenance, including large annual tures/2016-voting-technology/. tures/2016-voting-technology/. failure to clean the aging Votomatic machines infamous contributed hanging chads. to the 2018, 2018, 10:08 PM), https://www.bostonglobe.com/opinion/2018/11/06/brian-kemp-voter-suppres- day-georgia.html?smid=fb-nytimes&smtyp=cur. County, County, Georgia, Board of Elections determined that concerns that bystanders could see votes cast on the state-mandated system sion-georgia/tcycVrH5m0pJ9SQC7XwiWP/story.html. C Y 42838-elo_13 Sheet No. 70 Side A 12/23/2020 10:41:31 12/23/2020 70 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 70 Side B 12/23/2020 10:41:31 M K C Y .13 OL .L.J.739, .L.J.739, [V ERSISTENCE ERSISTENCE P OW DMINISTRATION HE A Such malfea- , 62 H 62 , :T permits partisan partisan permits 186 but illegal activity activity illegal but 185 LECTION LECTION , ECRETS E S Where localities are 188 184 16. ITTLE ITTLE – L HAPING ISCRETION :S D (Mar. (Mar. 4, 2020), https://ap- IRTY IRTY Bush v. Gore ,D ) 12/21/20 6:32 PM This system, which is subject to RANCHISE 71 (2007). 71 F – 79 (1996). RESS RESS note 7, at 2315 7, note – ELETE 183 IMPSON P D RANCHISE RANCHISE 278 Lawyer Warned Georgia County on Dumping New Dumping on County Georgia Warned Lawyer OT OT F R. S N supra O , (D LENN OLITICS OLITICS The Elon JournalLaw ! P .L.J.1065, 1070 .L.J.1065, DOCX X. ). T &G S SSOCIATED ATEKEEPERS TO THE THE TO ATEKEEPERS Leave It to the Lower Courts: On Judicial Intervention in Election Election in Intervention Judicial On Courts: Lower the to It Leave HIO ,G

06 (2000) (per curiam). PPROVED MERICAN – The Dignity Problem of American Election Integrity Election American of Problem Dignity The ABATO ABATO A 187 (A ,A J. S , 68 O AYDUK 9 (2005). INAL H _F

ORK ARRY ROWN Y 182 -B The delegation to local election who officials, the make consti- Partisan violations of the law are not absent, not are law the of violations Partisan ONALD ONALD Toward aTowardGreater StateRole 531 U.S. 98, 105 Daniel P. Tokaji, Ellis, R. Atiba PhiladelphiaThe Electionsof BoardCountywasimplicated fraudulentina absentee Kate Brumback & Russ Bynum, R ORRUPTIONIN EW

64 (2019). 64 C – N 185 186 187 188 182 183 184 HOLDEN sance is not unintended by general rules which, “subverted behind a behind “subverted which, rules general by unintended not is sance discriminatory of exercise the discretionary permit neutrality,” of veil implementation. Voting news.com/7249aef83587d9617bdea34e98b722db. System IN Administration ballot scheme that provided the 1993 Democratic mayoral candidatevictory. withL his margin of administrative whims administrative of staff to unaccountable courts or superiors of due help area the role, to may the particular transience in each (or kill) suffrage for some or many at will. 136 C OF for discretion and dissent in the nature and extent of their admin- istration. Placed in the hands of LEOs, electoral execution is not “neutral a ministerial process but a system that is highly susceptible to politicization and manipulation.” tutional text real through their interpretative labors, to enforce election election enforce to labors, interpretative their through real text tutional both opportunity creates government higher-level by promulgated laws 763 is not necessary to shift electoral outcomes. Countless discretionary nology if use was “impossible or impracticable,” and reverted to paper paper warrantedexercising theirto utilizethedelegatedtech- authoritynot to reverted and impracticable,” or “impossible was use if nology ballots. administrators to suppress the support of opponents in manners rem- manners in opponents of support the suppress to administrators iniscent to some of prior authority for political speech in the absence of localspecific standards. officials to suppress called called upon to the interpret unbounded “intent of the voter,” this excessive discretion, at the heart of 42838-elo_13 Sheet No. 70 Side B 12/23/2020 10:41:31 12/23/2020 70 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 71 Side A 12/23/2020 10:41:31 192 .& 137 , 40 ES Local Local .R 191 (1) defiance, (1) defiance, 71 (2013). 71 DMIN – –– .A UB P . 1745, 1754, 1762 (2005); EV Some LEOs actively L.J. 1349, 1370 that offer real-world , 28 J. 28.50.200 (2020). 194 .L.R § 195 UKE UKE MPLICATIONS I TAN , 62 D in some local jurisdictions where jurisdictions local some in , 57 S RDINANCES RDINANCES ) 12/21/20 6:32 PM O 190 ATIONAL note note 7, at 2318 (“[But] need administrators not ELETE Partisanship, Bureaucratic Responsiveness, and D 39 39 (“[S]ome voters who showed up at the wrong ,N – OT OT ODE OF OF ODE and call upon their own constitutional N C ITE supra O S , (D 196 note 188, at 287. 188, note LASKA LASKA OLL DOCX P ). ,A Exit, Voice, and Disloyalty and Voice, Exit, Deciding by Dissenting supra note note 88, at 938 , PPROVED OCAL OCAL (A Imprecise standards in the varying levels of power . 601 (2013) (identifying six strategies of official resistance in most, decisions are made one-by-one by individual IMPSON supra NCHORAGE EV INAL Dissenting from Within: Why and How Public Officials Resist the Law the Resist and Officials How Why Public from Within: Dissenting 189 193 ,A &S _F Foley, Foley, 602, 602 (2018). at 2324. ROWN .U.L.R -B T ABATO ABATO Heather K. Gerken, Heather K. Gerken, Toward a Greater State Role Id. Ethan Porter & Jon C. Rogowski, See, e.g. See S

.S 191 195 196 189 192 193 190 194 HEORY LA HOLDEN M K close close races. precinct were successfully redirected to the right place so that they were ballotable to cast that a counted, whereas other votersprovisional hadballot that wasno ultimatelysuch rejected becauseluck it was andcast at the insteadwrong This precinct.disparate treatment submittedof voters, moreover, was not merelya between different counties theof same state, withinbut also counties, failuretheas workers pollof tofollow these within the places at at and, indeed, same polling county occurred different instructions differenttimes theof day within the same polling place.”). poll workers who determine whether a voter receives and ultimately ultimately and receives a voter whether determine who workers poll casts a ballot that counts, including the privacy afforded by the election day set-up; the discouragement of use of machines in the a booth; the of check-in relative allowance to aid the voters; designed process; and whether a voter is in the rolls, eligible, and has the requisite identification or matching signature. decisions to move poll sites or reduce early voting make voting easier easier voting make voting early reduce or sites poll move to decisions disabled, elderly, the including voters, of groups fordifficult more or in difference the provide can aggregate the in and and low-income, breakthe law .some .. groups in Hamilton County are seeking oustto their voters.”).disabledandDirector predominantly elderlyservingprecinct a closedof she Electionsbecause electionsoverseenare byelected boardsparty-alignedof officials, the Election Administration: Evidence from Evidence a Field Experiment Administration: Election resist resist in instances of uncooperative localism T 2020] 2020] L C F Adam Adam Shinar, While,somefor localities,election-day in provisionlegislative made is procedures, delegated delegated by states to their local governments provide opportunities indeterminacies; of manipulation for examples of their principles in practice designed to shame the majority majority the shame to designed practice in principles their of examples into shifting their stance burdens and learning costs imposed by changes to election law and by election to changes imposed costs and burdens learning procedure should be passed along directly to voters or mitigated. officialsdiscretion exercise determiningthein administrative whether law and procedures are simply selectively followed or ignored. or followedselectively simply areprocedures andlaw C Y 42838-elo_13 Sheet No. 71 Side A 12/23/2020 10:41:31 12/23/2020 71 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 71 Side B 12/23/2020 10:41:31 M K C Y .13 OL or the or Ad hoc [V 203 (Aug. 8, 2012), 2012), 8, (Aug. 200 standards standards for IMES IMES rule, only to have T 202 AILY AILY per se ,D The mere decision of 204 (Aug. (Aug. 6, 2019, 5:43 PM), https://ny- ) 12/21/20 6:32 PM or quit ratherthan administer elec- ELETE D OST 198 ‘French’s or Gulden’s’: Ballot in Queens DA Race P OT OT

N I will not comply with the new voting laws as they O 199 9. LEOs extend early voting “to balance balance “to voting early extend LEOs (D – . . 197 The Elon JournalLaw (July (July 15, 2014, 5:10 PM), https://www.starnewsonline.com/arti- : WKOW 27, (Apr. 2, 2020, 6:50 PM), ,N.Y. DOCX 07 07 (“Palm Beach County, for example, began the process with ). – Colwyn Judge Out to Register Voters Register to Out Judge Colwyn ABC New HanoverNew Board Electionsof Considers Extending Early Voting Clerk Clerk Resigns in Protest of Election Not Being Postponed, Citing whether called upon to ascertain if a smudge is a NLINE NLINE PPROVED O note 18, at 8 18, note , (A 201 INAL EWS N supra _F , , 531 U.S. at 106 DanielleLynch, TAR ROWN -B The broad discretion of local election officials permeates the , S WALD McDonald v. Sec’y of v. McDonald Sec’y State, 103 P.3d 723 Fla. 722, (Wash. 2004); Party Democratic v. Bush GarethMcGrath, A.J. Bayatpour, 107 (2000). 98, U.S. 531 Gore, Bush v. Rich Calder & Georgett Roberts, See E

198 199 197 201 203 202 204 200 HOLDEN counting counting of ballots, which despite the attention paid to barriers to in concern greatest of ultimately is vote, to right the the and voting exercise of the formal franchise and suffrage as practice. permissible permissible food-stain or an excluding stray mark, among among tables, a 1990 guideline which precluded counting completely attached chads, switched to switched a rule attached chads, completely counting precluded guideline a which 1990 a changed chad, a to if legal be through seen vote be any light could that considered back to the 1990 rule, and then abandoned any pretense of a Precinct 1 of Colwyn Borough . https://www.delcotimes.com/news/colwyn-judge-out-to-register-voters/article_f06adebe-ade2- 535b-beed-7315fde112b9.html (quoting Christopher Broach Jr.: “[A]s judge of elections in Detzner, No. 4:16CV607-MW/CAS, 2016 WL 6090943,`left at *8 (N.D.legislature Fla. Oct.Florida 16, the 2016) (“Rather signatures, comparing for procedures specific enumerating than it to to the boards best make using judgment their canvassing collective determinations as to what a constitutes match.’ signature The is result a crazy quilt and of conflicting diverging procedures.”). legal.”). chads dimpled consider county the that order a court Hours Safety Concerns comparing ballot envelope signatures with registration forms, registration with signatures envelope ballot comparing (2) non-acquiescence, (3) bulletproofing, (4) outsourcing, (5) prioritization, and (6) interpreta- (6) and prioritization, (5) outsourcing, (4) bulletproofing, (3) non-acquiescence, (2) tion). 138 C whether to conduct the recanvasconduct the whetherto anelectionof of dispositive be can necessary necessary level of detachment of a chad. changes in state election laws” election state in changes cle/NC/20140715/news/605043967/WM?template=ampart. https://wkow.com/2020/04/02/clerk-resigns-in-protest-of-election-not-being-postponed-citing- safety-concerns/. post.com/2019/08/06/frenchs-or-guldens-ballot-in-queens-da-race-hinges-on-yellow-stain/. tions amidst tions pandemic. the interpretative authority. Hinges Hinges on Yellow Stain and disparate treatment” to voters to treatment” disparate and but jurisdictions amongst only not and shifting standards for rejecting ballots in a recount yield “arbitrary “arbitrary yield recount a in ballots rejecting for standards shifting and are are unconstitutional.”). 42838-elo_13 Sheet No. 71 Side B 12/23/2020 10:41:31 12/23/2020 71 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 72 Side A 12/23/2020 10:41:31 by by L.J.: 139 — see also LECTION LECTION , 15 E to “address one 03. – MPLICATIONS I note 14, at 301 14, note on poll workers ) 12/21/20 6:32 PM Voting Tech. Project, Working Paper No. 58, ATIONAL Though morally disparate, both rule- both disparate, morally Though ELETE can be used to resist through leniency, leniency, through resist to used be can D supra ,N , 206 OT OT has the putative voter produced accepta- produced voter putative the has 209 The issue of issue The need or opportunities voter N ITE O S — (D 210 State and Local Officials and Voter ID OLL Access Access Versus Integrity in Voter Identification Requirements DOCX P Here too, discretion, which the higher incidence ). 208 Some of these decisions can heighten opportunities 234 (2016). PPROVED A LocalistA Critique OCAL OCAL (A Y ’ note 88, at 962. 88, note note 88, at 955 (“In the 2004 gubernatorial election in Washington, for Washington, in election gubernatorial the 2004 (“In at 955 88, note 205 40. OL – INAL isthe putative voter the person listed in the pollbook? _F supra supra ., & P 207 — at 938 ROWN OL -B Voter ID provisions, or the demand for identification notwith- ,P Foley, Foley, Id. Henry L. Chambers, Jr., Stephen Ansolabehere, Weinstein-Tull, Foley, Foley, 210 206 207 208 209 205 ULES HOLDEN M K Wash.State Republican Party King Cty.v. Div. ofRecords, 103 P.3d(Wash.728 725, 2004) ballots). rejected previously count to whether on discretion local (affirming a judicial contest seeking a statewide recount of wrongfully excluded ballots.”); example, example, if King County had not voluntarily agreed to count several hundred ballots after double-checking original registration records, the Republican candidate would have beencertified winnerthethat ofelection, andDemocraticthe candidate would havefiled to establish identity also pervades to and identity pervades is also establish by altered voting by mail, her which or “necessitates his the cast disembodied already verificationhas ofvoter athe voter’s after identity official election local a by wider impact. without ID sign an affidavit, or using barcode scanners or quizzing validity. confirm to voters outright nonenforcing or not against persons known to the staffer, or or staffer, the to known persons against not those or nonenforcing outright let to refusing required, not when ID demanding either stricture, (Cal. (Cal. Inst. of Tech. & Inst. of Mass. Tech. 2007), http://vote.caltech.edu/working-papers/58. standing standing no such mandate, call up 2020] 2020] L C question question different a asking for partisanship and thereby inconsistency. While the first question for an absentee or provisional ballot concerns the completenessor accepted and subsequently the with envelope external the of accuracy the unknown, yet imple- candidates its and preferred ballot rejected pre- is votes officials machine discarded for local standards imprecise the of mentation and intent putative voter’s the with concerned cisely accordingly be can and benefit to stands who of aware acutely are application. in lenient or strict R breaching and gap-filling pose the same the pose to gap-filling challenge and breaching protection equal suffrage. rates of Blacks and Hispanics being asked to produce ID demonstrates demonstrates ID produce to asked being Hispanics and Blacks of rates applied, neutrally being not is ble identification?” ble C Y 42838-elo_13 Sheet No. 72 Side A 12/23/2020 10:41:31 12/23/2020 72 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 72 Side B 12/23/2020 10:41:31 M K C Y 213 See See .13 GOP (May 1, 1, (May OL note note 64, McCarthy, McCarthy, [V RDINANCES RDINANCES O APER ESSONS FROM P supra 212 :L see see also ODE OF ODE .C ROOKLYN EX EJECTION moving the date of of date the moving R ,B ., T Judge Tosses Gender Non- 4(2020); 215 OUS ALLOT www.wpr.org/node/1635386. www.wpr.org/node/1635386. B ALLOT ALLOT B ORONAVIRUS C term limits, term ) 12/21/20 6:32 PM AIL AND er than Meherunnisa, since “[i]n a county as “[i]n since er than Meherunnisa, M 214 ELETE D ILUTING THE , https://www.daytondailynews.com/news/local/local-, OT OT 12.7 (2018). D N EWS § GE OF THE O N A 1057-b (2020) (detailing the number of signatures(detailing(2020)required1057-bof thenumber 1138(a)(2020) Mayor,as (removingserveeligibility from to OTING OTING BY (D ! § § The Elon JournalLaw ., ., V AILY DOCX XI. ). D HARTER 9K Local Voters Didn’t Get Requested Ballots, Changes Called (May (May 4, 2020, 3:10 PM), https:// ., C note 74. note HARTER HARTER PPROVED ICH AYTON ADIO (A ,M , D , .R supra LECTIONS LECTIONS IN THE INAL E UB , Jobaida v. Bd. of Elections, 2020 WL 2235994, at *2 (N.Y. Sup. Ct. May 4, ,N.Y.C.C ,N.Y.C.C ARINGER ARINGER ET AL _F B As often voters are not apprised of whether theirballotwasapprisedwhether not of votersare often As URTON .P Josh Sweigart, 6a(a) 6a(a) (2020) (“[N]o person shall be eligible to electedbe to morethan two four- IS ROWN 211 § note note 74 (noting that the number of days after election voters were allowed to -B Other issues, including ballot access for candidates, which can NNA NNA ,W See, e.g. e.g.See, McCarthy, McCarthy, See, e.g. A

211 215 212 213 214 LORIDA LORIDA FOR HOLDEN for in Novemberinfor diverse as Queens, with many exotic and unfamiliar names, an expansive view must be taken of what is familiar or diminutive”); Kevin Duggan, Binary Candidates’ Lawsuit Against Brooklyn Democratic Party more has elapsed since that person last held such office”); H ously heldoffice”); such such office held for two last or more person consecutive that full since terms, unless elapsed one has full termmore or generally 2020) (restoring to the ballot a candidate removed by the NYCBOE for listing rath petition Mary name on first their designating as Mailer Mailer on Absentee Ballot Requests Confuses Voters, Putting Burden on Clerks to Ex- plain supra Mentzer,RobArizonacounties); amongsignaturesballot variedwith problems correct ing NYCBOE disqualification of gender-nonconforming candidates); Gray, candidates); ing of NYCBOE disqualification gender-nonconforming art. V, office.”). elective City the insame year terms voters-didn-get-requested-ballots-changes-called-for-november/tfn0q4MUbxoHEAVNrXY2nL/ 2020), https://www.brooklynpaper.com/brooklyn-judge-dismisses-non-binary-lawsuit/ (discuss- F 140 C implicate the enforcement of gender and cultural homogeneity, mu- and nicipal redistricting, methods of election or efforts to regulate candidate or spending third-party and also disclosures, to contribute restraints on entry to the body politic of candidates and ideas. for for petitions for the designation or nomination of a candidate for an elected office of B city); the Public Advocate, Comptroller,Borough President or Council Member persona who “previ- Signature and filing requirements,filing Signatureand ballot.” accepted, they can be disenfranchised in they can accepted, the be by dark disenfranchised the signature contact to officials local by made efforts the and process, verification at 629. (last updated May 3, 2020). 3, May updated (last and rectify incorrectly completed absentee ballot requests ballot absentee completed be incorrectly also can rectify and of determinative thethe exercise to ability to right vote. 42838-elo_13 Sheet No. 72 Side B 12/23/2020 10:41:31 12/23/2020 72 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 73 Side A 12/23/2020 10:41:31 . 217 .L. 141 ONST is “a EM .C M 222 and off-and EFORM EFORM AND R ,A 219 , 49 U. M 2(Feb. 7, 2008), 7, 2(Feb. LECTION URVEYS S RANCHISE RL34363, E F 78. can dilute minority votes, can votes, minority dilute MPLICATIONS I – 216 ATIONAL ATIONAL EPORT EPORT N 606(b) (2020). § ) 12/21/20 6:32 PM WO WO 7 (1964). T ATIONAL – ,CRSR ELETE ODE ODE D note 8, at 1077 8, note ,N .C OT OT N UN MPLOYING THE THE MPLOYING ITE OLEMAN O The partisan selection of such staff, which which staff, such of selection partisan The S E supra (D ., M , D J. C ESULTS OF 221 ! OLL ,M DOCX :R P ). EVIN ARK XII. P The The Persistence of Partisan Election Administration &K note 144, at 276. at 144, note PPROVED FFICIALS OCAL OCAL (A O note 64, at 626. 64, note This and disparate turnout depressed to contribute can A New Kind of Voter Suppression in Modern Elections AKOMA AKOMA supra INAL ISCHER TheRight to Vote 223 ,T _F supra A. F Wesberry v. Sanders, 376 U.S. 1, 2 As a result, dilutionary efforts turn to measures like gerry- LECTION LECTION 220 ROWN E -B The selection, employment, and training of election officials, both both officials, election of training and employment, selection, The (Oct. (Oct. 1, 2010), https://www.acslaw.org/expertforum/the-persistence-of-partisan-election- RIC RIC 218 Douglas, Ann Ravel, See Gonzalez, Daniel P. Tokaji, See, e.g. Gray, E

. 1019, 1025 (2019). Y ’ 218 219 221 216 217 222 223 220 EV OCAL OCAL HOLDEN OC M K cycle elections, which impose greater barriers on the transit-poor and and transit-poor the on barriers greater impose which elections, cycle franchisethe theundermine policiesby bestowedSuch working. “voice” rendering the of and expression preference, with it all other rights, illusory. rights access. While in some jurisdictions, polling place changes might might changes place polling jurisdictions, some in While access. rights it elsewhere is be of officials, elected the the duty responsibility of bureaucrat. appointed an groups groups are tempered by federal and state constitutional baselines, may who on directly legislating when access voter to increase ments vote. local elections, and ranked-choice voting R L 2020] 2020] L C https://fas.org/sgp/crs/misc/RL34363.pdf. S often does not reflect the diversity of the votingpopulation, permanent and election-day specific, has direct consequences for voting voting for consequences direct has specific, election-day and permanent Local ordinances that reduce voting opportunities or exclude particular particular exclude or that opportunities ordinances voting Local reduce govern-municipalallowingonly one-wayratchet a aswhich function making it more difficult to elect chosen candidates and debasing the the debasing and candidates chosen elect to difficult more it making right of suffrage through diminishment of the weight of a ballot just as effectively as through wholesale denial of the franchise. mandering, mandering, which not only butmanipulates also suppresses the elec- spectre haunting the making of election laws, as well as their imple- their as well as laws, election of making the haunting spectre mentation.” administration/. torate torate as polls, gerrymandered voters the who recognize visiting the from futility of dissuaded their be may preferences ballot C Y 42838-elo_13 Sheet No. 73 Side A 12/23/2020 10:41:31 12/23/2020 73 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 73 Side B 12/23/2020 10:41:31 M K - C Y .13 Con- ROJECT ROJECT OL L.J. 239, 231 ,P EGISTRAR [V R LECTION LECTION OUNTY OUNTY others are em- , 8 E 8 , 228 are are called upon to 47. – ,L.A.C 224 ,https://www.county.org/About- (Feb. (Feb. 8, 2019, 6:03 PM), OUNTIES C coming soon to a polling place to place a soon polling coming note 96, at 46 96, note N ’ ) 12/21/20 6:32 PM — SS .A ELETE supra D , ,NPR EX and, and, especially in smaller jurisdictions, OT OT N ,T O 225 (D Sandusky, Ohio, Makes Election Day a Paid Holiday – By The Elon JournalLaw XPERIENCE E DOCX ). .(Oct. 19, 2011), https://editions.lib.umn.edu/election- 2011), 19, .(Oct. , https://www.lavote.net/home/voting-elections/election-worker-in- 32-221 (2018). Election Reform and Local Election Officials Election Local and Reform Election CAD OTING LERK § A PPROVED V C . Election Officials as Grenade Catchers: A Case Study from Connecti- AStudy from Case Catchers: Grenade as Officials Election (A While some localities create city employee poll worker not not only baking in disparities in enrollment but also 230 TAT or make election day a paid holiday, County County Employee Election Worker Program legal counsel,” Texas County Clerk INAL .S , 226 , , Laurel Wamsley, 229 _F — OUNTY OUNTY 227 EV MERICAN A /C LECTION LECTION .R ROWN -B Directelection administrators andelection day are staff not the EB 1 (Feb. 2010), http://www.projectvote.org/wp-content/uploads/2010/02/2010-Legislative- HE See, e.g. See 2010IssuesElectioninAdministration: VoterIntimidation andCaging Doug Chapin, RayMartinez, III, See, e.g. See, e.g. N T

,E 231 228 229 225 226 227 230 224 OTE ECORDER HOLDEN technology expert, technology to and mediator near you! Swapping Out Columbus Day frontational voter verification processes that unfold in communities programs, Brief-Voter-Intimidation-and-Caging.pdf. resulting in a disinclined workforce that invariably ensures that thatin resulting the a workforce invariably disinclined qualityof administration varies not jurisdictiononly by but byeven place. polling cut R wearnumerous hats on election day, “from computer technician and 239 (2009) (book review). formation/become-an-election-worker/county-employee-pollworker-program formation/become-an-election-worker/county-employee-pollworker-program (last visited Nov. 24, 2020). V 142 C Texas-Counties/%E2%80%8BAbout-Texas-County-Officials/%E2%80%8BTexas-County-Clerk (last https://www.npr.org/2019/02/08/692771542/sandusky-ohio-makes-election-day-a-paid-holiday- academy/2011/10/19/election-officials-as-grenade-catchers/. only municipal employees whose activities bear upon the franchise. Staff of social service agencies both before behavior and enforcement law opportunities, registration are often called uponvoting. in comfort upon to heavily bears election an provide during and election election administration is just one of many duties assigned to local the clerk. treatment treatment of ballots. These “grenade catchers” powered by state law to randomly draw poll workers from registered registered from workers poll draw randomly to law state by powered voter lists, by-swapping-out-columbus-day. visited Nov. 24, 2020) (stating that the county clerk serves as clerk of the county court voting”). absentee handling and elections general and issues marriage licenses and takes depositions in addition to “conducting countywide special special countywide and the “conducting to county commissioners addition court, in acts depositions as takes recorder and of licenses deeds and marriage other issues instruments, 42838-elo_13 Sheet No. 73 Side B 12/23/2020 10:41:31 12/23/2020 73 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 74 Side A 12/23/2020 10:41:31 241 232 236 239 EW 143 (May (May and and ,N.Y. , N 238 OST .P ASH targeting targeting get- note 142 (statement note 142 (statement ,W 233 note 142. note each exemplify the supra , 237 supra RANCHISE , .16n.61, https://www.brennan- .16n.61, MPLICATIONS F I (Feb. (Feb. 15, 2004), https://www.ny- UST J IMES FOR ) 12/21/20 6:32 PM . not only must a voter be “licensed” not“licensed” be voter a must only ATIONAL note 104. 104. note TR Ballot Security and Voter Suppression: What It ELETE C D 240 ,N OT OT 17-167.1 (2020) (altering procedures for amending sex N ICENSING THE supra ,N.Y.T ITE § O L , S (D RENNAN RENNAN ! ODE threatening threatening businesses for visible displays of OLL ,B .C DOCX P ). Licenses to Exercise Constitutional Rights Constitutional to Exercise Licenses XIII. 234 Vacco Fails in His Effort to Have Police Verify City Voters DMIN Are Are Police Targeting Get-Out-the-Vote Efforts in Georgia? , 673 F.3d 192 (3d Cir. 2012). PPROVED OCAL OCAL (A aff’d Critics See Efforts See Critics INAL serving subpoenas to verify registrations before elections, before registrations to verify subpoenas serving ,Democratic Nat’l Comm. v. Republican Nat’l Comm., 671 F. Supp. 2d 575, 575, 2d Supp. F. 671 Comm., Nat’l Republican v. Comm. Nat’l ,Democratic _F Eugene Volokh, N.Y.C., N.Y., A Wines, 235 (Nov. 1, 2018), https://www.newyorker.com/news/dispatch/are-police-targeting-get-out- 2018), 1, (Nov. ROWN -B (Dec. (Dec. 10, 1998), https://www.nytimes.com/1998/12/10/nyregion/vacco-fails-in-his-effort- Voter registration lists are the “gateway to democracy,” How How America Doesn’t Vote See See Voting Rights and Election Administration Hearing See See, e.g. Voting Rights and Election Administration Hearing Charles Bethea, WendyWeiser &Vishal Agraharkar, See Jonathan P. Hicks, 241 238 239 232 233 235 236 237 234 240 ORKER IMES HOLDEN M K with a legacy of racism may dissuade those still waiting in line. of The Hon. Catherine E. Lhamon, Chair, U.S. Commission on Civil Rights). 612 (D.N.J. 2009), Is and What the Law Says support, out-the-vote efforts, center.org/sites/default/files/2019-08/Report_Ballot_Security_Voter_Suppression.pdf (last Nov.ited vis- 2020). 24, times.com/2004/02/15/opinion/how-america-doesn-t-vote.html. Y chising misinformation of some, of misinformation chising in vote forty-nineto cast their card, but registration via their states it (be additionallicense an possessto needalso voters states many in to drive, leave the country, documents government or upon shoot) incumbent itself to often prove right, their their exercise identity and like birth certificates which police gender identity and expression. 2020] 2020] L C T 15, 2015, 7:04 PM), https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/15/li-PM), 7:04 2015, 15, censes-to-exercise-constitutional-rights/. designation on birth records and providing for a third gender marker). While not overtly requiring a permit to vote, despite the disenfran- culminates calls jury prepare to lists registration of use frequent The in a one-two punch of jury and voting exclusionswhich effectively Police Police asking voters for non-existent voting permits, or canvassing homes after allegations of fraud onlythrough aresuffragerightsinclusion torealized. be permitted the-vote-efforts-in-georgia. use of public employees to intimidate putative voters. voters. putative intimidate to employees public of use to-have-police-verify-city-voters.html. C Y 42838-elo_13 Sheet No. 74 Side A 12/23/2020 10:41:31 12/23/2020 74 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 74 Side B 12/23/2020 10:41:31 M K C Y .13 ch. 32, OL [V www.ameri- EEPENING OUR However, as ,D RDINANCES RDINANCES while simulta- O 244 245 ODE OF OF ODE EMOCRACY 2, 9, 10 (2018), https://popu- D ., C IS ,W IGHTS R OPULAR OPULAR P are nonetheless structuring of structuring are nonetheless ADISON FOR 243 .(Feb. 9, 2020),https:// 9, OTING .(Feb. ) 12/21/20 6:32 PM . M hts_magazine_home/voting-rights/how-the-na- V TS 248 TR ELETE note 17. note D ,C .R As such, opportunities provided to be see also OT OT XPAND XPAND UM N 3501.18 3501.18 (2020) (authorizing counties to draw precinct E Also subject to licensure or approval are How How the Native American Vote Continues to be Sup- O 242 supra § (D , AN REENMAN C The hours and locations offered for registra- The hours offered and locations :H The Elon JournalLaw 247 G N ’ ODE ODE DOCX ). SS , 351 F. Supp. 3d 1160 (W.D. Wis. 2019)). 246 A .C MMA 1057-a (2020); EV § R PPROVED OCALITIES OCALITIES note 89, at 377. 89, note &E AR Some Effects L (A HIO INAL OW .B ,O supra M HARTER AMAJI _F H :H order enforced order Patty Ferguson-Bohnee, Eskridge, ROWN ,A -B ATE ATE See dissenting). J., (Scalia, (1991) 408 380, U.S. 501 Roemer, v. Chisom Benson, See See, e.g. C N.Y.C. K

32.06(5) (2012) (requiring landlords to provide new tenants with voter registration forms forms registration with voter tenants new to provide landlords (requiring (2012) 32.06(5) 245 246 247 248 242 243 244 EMOCRACY HOLDEN tive-american-vote-continues-to-be-suppressed/. pressed canbar.org/groups/crsj/publications/human_rig the the right. Comprehensive municipal voter registration programs, like YorkCity’s New that are drivers ensure cityagencies, twenty-five in not in privileged access to opportunities. registration added to the rolls, which close months before the actual exercise of of exercise actual the before months close which rolls, the to added eligibility individual determine to only not used are and franchise the for implications consequent with resources finite of allocation the but to site, poll all such directed voters D 144 C lardemocracy.org/sites/default/files/20180103%20Voter%20Registration%20Report%20Up- dated%20Web.pdf. those those collecting ballot-signatures or organizations designated to chal- lenge voters, lending official imprimatur to actors intent on treating boundaries based on the number of active voters on their registration list). curtails participation in the curtails participation process by which laws were made and laws and rights enforced. Wis. 2016), § (W.D. 940 896, 3d Supp. F. 198 Thomsen, v. Inc. Inst., Wis. One in preempted deemed was client services shift online, the creation of electronic portals, like in like portals, of the electronic creation online, shift services client integralFairfaxare sitesto agency serviceCounty,socialVirginia, on further dropping from compliance NVRA preventing tion can generate a discriminatorily disparate opportunity to participate participate to opportunity disparate discriminatorily a generate can tion in the political process. neously accommodations and necessary other that language ensuring limitations address the traditional a for of requirement the some, For available. because remain or registration, at either exclusionary, be can of software or lack of poll worker training on election of law or enforcement andother the intercession deterring dayrequires itself, officials. non-election voters in a discriminatory fashion. discriminatory a in voters 42838-elo_13 Sheet No. 74 Side B 12/23/2020 10:41:31 12/23/2020 74 Side B No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 75 Side A 12/23/2020 10:41:31 145 This This 249 .34(2012). .34(2012). AW .L ED What to Expect When 251 ,F MPLICATIONS I Richard L. Hasen, ) 12/21/20 6:32 PM ONCLUSION C Beyond theButterfly: TheComplexity of U.S. ATIONAL see ELETE D ! ,N 48. – OT OT N ITE O S XIV. (D OLL DOCX P ). Groups with disproportionately low turnouts, such such turnouts, low disproportionately with Groups . 317, 318 (2003); note 18, at 247 18, note OL 250 P note 183, at 5, 7. 5, at 183, note PPROVED OCAL OCAL (A ON supra . INAL supra , _F ERSP ROWN -B , 1 P Suffrageis just one manyof constitutional rights that localities Yet Yet localities have the capacity to affirmatively further the The machines picked, interpreters provided, days opened, parking parking opened, days provided, interpreters picked, machines The AYDUK Hochschild, RichardNiemiG. Paul&Herrnson, S. H

251 249 250 HOLDEN M K You’reElecting: Federal Courts and the Political Thicket in 2012 information-sharing, and playing field-leveling. They rolls, can maintaining go and ballots, beyond designing sites, selecting of confines the and transit, public of availability identification, accurate facilitating to have They politic. in body voice the restore that policies de-carceral voters exclude to seek that policies challenge and name to ability the integrity. and accuracy of guise a under local distinctly of use unique the through actualize and interpret must discretion. with permeate that ministerial and generative both powers, that accounts other Unlike center on argument this action, collective franchise, to create opportunities for registration, civic participation, Ballots “administrative disenfranchisement of eligible voters” occurs “at every tabulation vote during and day, election on election, an before stage: certification.” and to administrative to employees, authority administrative to so rights. structure Neither as new citizens and those with limited English fluency, the visually the visually fluency, as English and limited with those citizens new minorities,disabilities,elderly,withimpairedpeoplelow-income the or individuals, first-time voters, and those who recently moved are all 2020] 2020] L adminis- election by local drawn districts and assessed, fees required, and administrators other of trators, behavior dissuasive the as well as C elected representatives or their designees. It is the formal these recognition onto renders that polis any than rather government local the of mayorfrom officials, the appointiveand stretching both elective and rests on the constitutional power of the people acting through their their through acting the of power people rests on the constitutional ensuring “those with the least education and resources and the most influencelosers.” political political gaining remain of . . need . minutiae. technical and practices these by hindered the impacts of broader accommodation policies or secondary barriers or barriers policies secondary the accommodation of impacts broader even of disparity socioeconomic by intensified participation electoral to in variations These ripples. extraterritorial cause can populace, small a of way” effective and simple “a surprisingly as serve can procedures C Y 42838-elo_13 Sheet No. 75 Side A 12/23/2020 10:41:31 12/23/2020 75 Side A No. Sheet 42838-elo_13 42838-elo_13 Sheet No. 75 Side B 12/23/2020 10:41:31 M K C Y .13 OL [V ) 12/21/20 6:32 PM ELETE D OT OT N O (D The Elon JournalLaw DOCX ). PPROVED (A INAL _F ROWN -B HOLDEN by dint of size and, thanks to the contrived nature of our democracy, democracy, our franchise-framing of nature both contrived localities amongst particularly vary,the can actions to thanks and, size of dint by location. geographic 146 formal amendment nor judicial interpretation of the encompassed the penumbras realize to of sufficient are Constitution the of text the intervention local and realities, financial and political the to due right some amend- While actualization. such or hinder can further either ments act as to corrective, restorative, or rights reformative of governmental non-interference upon elaborate others institutions, or norms be canwhicheffectuate constitutionallyduties decisionsandprotected action. city of, other spite many in or unlike these with, Yet, only of accessed impact and capacity the hands, municipal upon molded rights C 42838-elo_13 Sheet No. 75 Side B 12/23/2020 10:41:31 12/23/2020 75 Side B No. Sheet 42838-elo_13