Election Law
Edward A. “Ted” Hosp
Maynard, Cooper & Gale, P.C.
1901 Sixth Avenue North
2400 AmSouth/Harbert Plaza
Birmingham, Alabama 35203-2618
205-254-1077
205-254-1999 (fax)
thosp@maynardcooper.com
General Information
The purpose of this course is to give students an overview of the federal and state laws
applicable to elections in Alabama. These laws are found in several sections of the Alabama and
United States Constitutions and Codes, and enforcement/implementation is often by different
entities. Therefore, the course is divided into several different subject matter areas. The course
will blend the theory underlying elections and election laws with the practical impact of those
laws and how they are carried out.
Course Materials
Listed below are relevant cases and material that will be discussed during the semester.
You will receive a binder with the assigned reading, however, the reading assignments may
change, and material may be added or deleted. Because our schedule may change, you should
not read ahead.
Attendance and Class Participation
ATTENDANCE AT CLASS IS REQUIRED. This cannot be overstated. If you are
unable to attend class, please inform me prior to class, by e-mail if possible. Absences in excess
of the Law School’s policies, may result in a failing grade. Class participation is strongly
encouraged and, to the extent permitted by Law School policies, will be factored into your grade.
Students who make valuable contributions may have their grade raised. Those who repeatedly
fail to prepare, arrive late, or whose side conversations distract from the class may have
their grade lowered.
Final Exam
The final exam will be a take home, open book exam. Exam papers must be typed.
Administrative Issues
Students with disabilities are encouraged to register with the Office of Disability
Services, 348-4285. Students are also encouraged to see me to discuss any particular
accommodations or special needs you may have.
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SYLLABUS/SCHEDULE
1.
August 19 – The purpose and themes of the course
1.
The Declaration of Independence
2.
FEDERALIST 10, Publius (James Madison)
3.
THE U.S. CONSTITUTION (relevant sections are marked)
4.
THE ALABAMA CONSTITUTION (Declaration of Rights only)
5.
Bush v. Gore, 531 U.S. 91 (Dec. 12, 2000)
2.
August 26 – One Person/One Vote and the Right to Vote
1.
Minor v. Happersett, 88 U.S. 162 (1874)
2.
McPherson v. Blacker, 146 U.S. 1 (1892)
2.
Harper v. Va. State Bd. of Elections, 383 U.S. 663 (1966)
3.
Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969)
4.
September 2 – Pre-Clearance and the Voting Rights Act
1.
South Carolina v. Katzenbach, 383 U.S. 301 (1966)
2.
Allen v. State Board of Elections, 393 U.S. 544 (1969)
2.
Beer v. United States, 425 U.S. 130 (1976)
3.
NW Austin Mun. Utility Dist. No. 1 v. Holder,
3.
September 9 – Political Parties, Primary Elections and Freedom of Association
1.
Nixon v. Herndon, 273 U.S. 536 (1927)
2.
Smith v. Allwright, 321 U.S. 649 (1944)
2(a). OPTIONAL - Terry v. Adams, 345 U.S. 461 (1953)
3.
Tashjian v. Rep. Party of Ct., 479 U.S. 208 (1986)
4.
Cal. Dem. Party v. Jones, 530 U.S. 567 (2000)
5.
Ex Parte Graddick (Graddick v. Baxley), 495 So. 2d 1367 (1986)
5.
September 16 – Redistricting
1.
Gomillion v. Lightfoot, 364 U.S. 339 (1960)
2.
Baker v. Carr, 369 U.S. 186 (1962)
3.
Reynolds v. Sims, 377 U.S. 533 (1964)
4.
Shaw v. Reno, 509 U.S. 630 (1993)
6.
September 23 – Federal Campaign Finance Law
Guest Professor - Joseph A. “Woody” Woodruff, Attorney, Waller, Lansdon, Dortch
& Davis, LLP
1.
Buckley v. Valeo, 424 US 1 (1976)
2.
Nixon v. Shrink Missouri Government PAC, 528 US 377 (2000)
“The Law of Democracy” pp. 338 – 348
3.
McConnell v. FEC 540 US 93
4.
FEC v. Wisconsin Right to Life, 551 US 449 (2006)
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7.
September 30 – Federal Campaign Finance Law
Guest Professor - Joseph A. “Woody” Woodruff, Attorney, Waller, Lansdon, Dortch
& Davis, LLP
1.
Fed. Election Comm. Campaign Guide for Congressional Committees;
available free of charge at www.fec.gov
2.
Fed. Election Comm. Campaign Guide for Corporations and Labor
Organizations; available free of charge at www.fec.gov
3.
Fed. Election Comm. MUR 5934; In Re: Fred D. Thompson; to be
supplied
8.
October 7 – Alabama Campaign Finance Law
1.
Alabama Election Law Handbook, pp. 58-64
2.
Richey v. Tyson, 120 F. Supp. 2d 1298 (S.D. Ala. 2000)
3.
ETHICS COMM. ADVISORY OP. 97-86
4.
ATT’Y GEN. OP. 99-75
Optional Material – NOT ASSIGNED READING
1.
ALA. CODE Title 17, Chapter 5, The Fair Campaign Practices Act
2.
ETHICS COMM. ADVISORY OP. 96-125
3.
ALA. CODE § 17-1-7, § 36-12-61, § 36-12-62
4.
ETHICS COMM. ADVISORY OP. 96-64
5.
ETHICS COMM. ADVISORY OP. 2000-10
6.
ATT’Y GEN. OP. 94-131
9.
October 14 – The Nuts and Bolts of Alabama Elections
All Reading is from the Alabama Election Law Handbook
1. Requirements for Candidates – pp. 43-57
2. Conduct of Elections – pp. 119-152
3. Absentee Ballots – pp. 109-118
4. Provisional Ballots – pp. 171- 181
10.
October 21 – Conducting Elections in Alabama
Guest Lecturer - The Honorable Alan King, Probate Judge of Jefferson County
Alabama Election Law Handbook
1. Election Preparation – pp. 79-91
2. Probate Judge Responsibilities – pp. 197-217
12.
November 4 – Handling an Election Challenge in Alabama
Guest Lecturer – Jay Mitchell, Maynard, Cooper & Gale
Alabama Election Law Handbook
Read pp. 158-170
13.
November 11 – Challenging the Results – Federal Law
Assignment will be provided
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14.
November 18 – Review and Exam Preparation
1.
Bush v. Gore, 531 U.S. 91 (Dec. 12, 2000)
2.
Roe v. Alabama (the Hooper/Hornsby election), 676 So. 2d 1206 (1995)
3.
Roe v. Alabama, 68 F. 3d 404 (11th Cir 1995)
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