When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000 Book

	Foreword	i
Chapter 1	The Federal Interest in Election Procedures	1
A.	State Elections	2
1.	Lack of Sufficient Federal Interest	3
2.	Sufficient Federal Interests	5
	Roe v. State of Alabama	6
	Notes on the Procedural Posture and Aftermath of the Roe Litigation	10
	Notes and Questions	11
B.	Distinct Federal Interests in National Elections: U.S. House and Senate Elections	19
C.	Distinct Federal Interests in National Elections: Presidential Elections	22
1.	The Electoral College	23
2.	Article II and the Role of State Legislatures	24
3.	The Electoral Count Act of 1887	25
Chapter 2	The State Interest in Federal Elections	27
	Palm Beach County Canvassing Board v. Harris	29
	Notes and Questions	39
Chapter 3	The U.S. Supreme Court's Decisions	44
A.	The Federal Interest Potentially Asserted	44
	Bush v. Palm Beach County Canvassing Board	44
	Notes and Questions	48
1.	Article II and the "Independent State Legislature Doctrine"	49
	McPherson v. Blacker	49
	Notes and Questions	54
2.	Of "Safe Harbors" and the Electoral Count Act	58
B.	The Final Florida Court Decision and the United States Supreme Court Stay	60
	Bush v. Gore	61
C.	The Federal Interest Decisively Asserted	63
	Bush v. Gore	63
	Notes and Questions	85
1.	The Constitutional Right to Vote and the Equal Protection Clause	85
2.	The Application of the Right to Vote and Equal Protection in Bush v. Gore	87
3.	Substantive Due Process and the Right to Vote	93
4.	The Federal Interest in State Judicial Interpretation of State Laws Regulating Presidential Elector Selection	96
Chapter 4	Eight Views of the Cathedral	98
Chapter 5	The Timing of Federal Court Intervention	107
	Growe v. Emison	108
	Notes and Questions	111
	Siegel v. LePore	116
	Notes and Questions	127
Chapter 6	Remedial Possibilities for Defective Elections	129
A.	Ordering a New Election	129
	Bell v. Southwell	129
	Notes and Questions	133
B.	Enjoining an Upcoming Election	137
	Chisom v. Roemer	137
	Notes and Questions	143
C.	Adjusting the Vote Totals	145
	In re the Matter of the Protest of Election Returns	149
	Notes and Questions	152
D.	Permanently Enjoining a Particular Election Practice	159
E.	Damages	164
	Wayne v. Venable	166
	Notes and Questions	168
	Hutchinson v. Miller	169
	Notes and Questions	177
F.	Criminal Prosecution	177
	Documentary Appendix	180
	Selected Provisions of the U.S. Constitution	180
	The Electoral Count Act	188
	Selected Sections of the Voting Rights Act of 1965	193
	Selected Provisions of the Florida Election Code	195