University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2019 Technological Change, Voting Rights, and Strict Scrutiny Henry L. Chambers, Jr. University of Richmond - School of Law,
[email protected] Follow this and additional works at: https://scholarship.richmond.edu/law-faculty-publications Recommended Citation Henry L. Chambers Jr., Technological Change, Voting Rights, and Strict Scrutiny, 79 Md. L. Rev. 191 (2019) This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact
[email protected]. TECHNOLOGICAL CHANGE, VOTING RIGHTS, AND STRICT SCRUTINY ∗ HENRY L. CHAMBERS, JR. ABSTRACT When technology obviates the need for an election law that prevents some otherwise eligible voters from casting a ballot, a jurisdiction’s reten- tion of that law and refusal to adopt the technology should be deemed a se- rious infringement of the right to vote that triggers strict scrutiny under the Equal Protection Clause of the Constitution. INTRODUCTION When technological change and voting rights are mentioned together, the discussion often revolves around how ever more sophisticated software can be used to draw gerrymandered districts.1 That use of technology harms and dilutes voting rights by grouping voters into districts where one party’s candidates have little to no chance of winning (or losing) an election, 2 leaving the other party’s voters virtually no chance of exercising the political power their numbers would suggest.3 Given our recent history regarding technol- ogy and redistricting, the public could be excused for believing the primary use of technology in elections is to degrade voting rights and harm democ- racy.4 However, contrary to its use to gerrymander, technology—including systems that help allow voters to register and vote on the Election Day—can © 2019 Henry L.