Voting as a Positive Right: A Reply to Flanders

Date

2011-06

Authors

Fishkin, Joseph

Journal Title

Journal ISSN

Volume Title

Publisher

Alaska Law Review

Abstract

Department

Description

Chad Flanders' thoughtful article1 demonstrates that the Murkowski litigation raised questions with surprisingly fundamental implications for election law. This brief response addresses just one of the those questions. The question, which at first blush sounds awfully narrow and wonkish, is this: Can a state allow write-in votes, but discourage them by making them difficult to cast?2 I will argue that the answer is no - for reasons that highlight two fundamental, but underappreciated, aspects of election law.

LCSH Subject Headings

Citation

Fishkin, J. (2011). Voting as a positive right: A reply to Flanders. Alaska Law Review, 28(1), 29-38. http://scholarship.law.duke.edu/alr/vol28/iss1/2