3 ms·
> I would clean out the State election laws before applying band-aids and lotions. I don't see why the two approaches can't be run in parallel. I agree with y
by dane-pgp 4y ago
> I would clean out the State election laws before applying band-aids and lotions.
I don't see why the two approaches can't be run in parallel. I agree with you, though, that laws which privilege specific parties (or even parties generally over independent candidates) have no place in a democracy.
Have there not been any cases brought which challenge the constitutionality of such laws?
I know that Lawrence Lessig tried to challenge Winner Take All (plurality) voting in the US under the Equal Protection Clause of the 14th Amendment[0], which seemed like a bit of a long shot, whereas I don't think that the establishment would feel particularly threatened by having to rewrite a few state laws to be more neutral. Presumably there are plenty of states that don't have such laws, and they are equally locked into the two-party system.
[0] https://medium.lessig.org/the-equal-protection-challenge-to-winner-take-all-a-legal-guide-ce99747e5001 https://medium.lessig.org/the-equal-protection-challenge-to-...
- landemva 4y agoSometimes difficult to show harm and standing. Appeals are expensive. The States I looked at have major/minor party and other hindrances such as mandatory reports to secretary of state by party officers from each county. Maybe I would look in N.H. election laws for a place without this.
- dane-pgp 4y ago> Sometimes difficult to show harm and standing. Appeals are expensive. That's true, but it seems like an easier case to bring than the cases that have challenged gerrymandering, for example.