Election Law Online Lectures

The Election Law Program has produced a series of video lectures intended to educate principally judges, but also journalists and the general public, about election law matters.

  1. Managing a Recount: What Every Judge Needs To Know - an overview of the key issues judges should be aware of when handling recount and recount-related matters.

  2. Election Law Controversies: The Basics of Election Litigation - a resource for judges, lawyers, journalists, and others interested in our electoral process.

  3. A View from the Trenches: Advice for Judges Handling Election Related Lawsuits - advice for judges handling election related lawsuits from experts Bob Bauer and Ben Ginsberg.

  4. Redistricting Litigation: What Every Judge Should Know

  5. War Games

    Each module contains videos and slides (where applicable). To view the videos, you will need Windows Media Player or Adobe Flash Player.  In order to view the slides, you will need Adobe Acrobat Reader.

    To order a DVD copy of these lectures, please click here.

War Games

Tim Kaine and George Allen are locked in a too-close-to-call election for the U.S. Senate on November 6, 2012, Kaine leading by only 203 votes statewide. In one precinct, it appears that a DRE machine has malfunctioned—registering zero votes in the U.S. Senate race, despite normal vote totals in the U.S. Congressional and Presidential categories. Petitioner Allen asks the court to fully examine the allegedly malfunctioning machine, even though its statutory authority to do so is unclear.

Managing a Recount: What Every Judge Needs To Know


Redistricting Litigation: What Every Judge Should Know

VIDEOS
LENGTH

Introduction (John Hardin Young)

1 min 33 sec

Part 1: The Redistricting Process (Trevor Potter)

12 min 16 sec

Part II: The Census and the Meaning of “Population” (J. Gerald Hebert)

20 min 58 sec

Part III: Redistricting Remedies (Jessica Amunson)

12 min 10 sec

Biographies
Jessica Amunson is an associate at Washington D.C. based firm Jenner & Block where she is a member of the Election Law and Redistricting Practices. She has briefed matters before the U.S. Supreme Court involving partisan gerrymandering, voter identification requirements and National Voter Registration Act.
J. Gerald Hebert is Executive Director and Director of Litigation at the Campaign Legal Center. Over the last three decades, he has served as legal counsel for parties and amici curiae in numerous redistricting lawsuits, including several cases decided in the Supreme Court of the United States. Mr. Hebert is a former adjunct professor at Georgetown University Law Center where he taught courses on voting rights, election law, and campaign finance regulation.

Trevor Potter is a member in Caplin & Drysdale’s Washington, D.C. office, where he leads the firm’s Political Activity Law Practice. He is one of the country’s best-known and most experienced campaign and election lawyers, and a former Commissioner and Chairman of the Federal Election Commission. Mr. Potter served as John McCain’s General Counsel for his 2000 and 2008 campaigns, and is founding President and General Counsel of the Campaign Legal Center.

John Hardin Young is counsel to the Washington, DC law firm of Sandler, Reiff & Young. He is recognized as one of the nation’s leading electoral recount and dispute resolution lawyers. Mr. Young is an Adjunct Professor at William & Mary Law, and member of the Advisory Committee to the William & Mary Election Law Program.



A View from the Trenches:
Advice for Judges Handling Election Related Lawsuits
from Experts Bob Bauer and Ben Ginsberg

Moderated by Dean Davison Douglas, Founding Director,
Election Law Program and Arthur B. Hanson Professor of Law


Biographies
Robert Bauer is currently White House Counsel. Formerly, Mr. Bauer was a partner at Perkins Coie in Washington, D.C. where he was the chair of the firm’s political law group. Mr. Bauer was general counsel to Obama for America, the Democratic National Committee, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee. He is the author of several books and articles on election law and ran a popular blog that focuses on campaign finance and other election law issues www.moresoftmoneyhardlaw.com.

Benjamin Ginsberg is currently a partner at Patton Boggs in Washington, D.C. and represents political parties, campaigns, candidates, and other entities involved in the political process. He is currently representing Senator Norm Coleman and his campaign in the ongoing Minnesota recount. Mr. Ginsberg has served as counsel to both the 2000 and 2004 Bush-Cheney presidential campaigns, playing a central role in the 2000 Florida recount. He has also represented the Republican National Committee, the National Republican Senatorial Committee, the National Republican Congressional Committee, and the Republican Governors Association.



Election Law Controversies: The Basics of Election Litigation
A Resource for Judges, Lawyers, Journalists, and Others Interested in Our Electoral Process

Go directly to:

VIDEOS LENGTH SLIDES
Election Law Issues: Introduction - Video - with Dean Davison Douglas 4 min 17 sec none
module 1: Why Election Law Cases Are Different
Introduction: Why Election Law Cases are Different - Video with Professor Rick Hasen 14 min 52 sec PDF (319 KB)
Module 2: Pre-Election Issues
Pre-Election Issues - Video with Professor Rick Hasen 14 min 8 sec PDF (193 KB)
Procedural Concerns Related to Pre-Election Issues - Video with Professor Rick Hasen 13 min 7 sec PDF (96 KB)
Substantive Concerns Related to Pre-Election Issues- Video with Professor Rick Hasen 16 min 25 sec PDF (96 KB)
MODULE 3: Election Day Litigation
Election Day Litigation Part 1 - Video with Professor Ned Foley 12 min 12 sec PDF (75 KB)
Election Day Litigation Part 2 - Video with Professor Ned Foley 23 min 10 sec PDF (86 KB)
MODULE 4: Post-Election litigation
Post Voting Litigation Part 1 - Video with Professor Ned Foley 20 min 24 sec PDF (79 KB)
Post Voting Litigation Part 2 - Video with Professor Ned Foley 19 min 43 sec PDF (81 KB)
Post Voting Litigation Part 3 - Video with Professor Ned Foley 16 min 43 sec PDF (84 KB)
Post Voting Litigation Part 4 - Video with Professor Ned Foley 26 min 27 sec PDF (94 KB)
Module 5: Electronic Voting Issues
Electronic Voting: Global Election Concerns - Video with Professor Avi Rubin 18 min 2 sec none
Why Electronic Voting is Different - Video with Professor Avi Rubin 18 min 4 sec none
Electronic Voting Technologies - Video with Professor Avi Rubin 18 min 36 sec none