Election law | Wikipedia audio article


Election law is a discipline falling at the
juncture of constitutional law and political science. It researches “the politics of law and the
law of politics”. The conceptual knowledge behind election law
focuses on who votes, when that person can vote, and the construction behind the tabulated
totals.==Issues==
Some of the questions that are addressed by election law are: Which people are entitled to vote in an election
(e.g. age, residency or literacy requirements, or poll taxes), and the procedures by which
such persons must register to vote or present identification in order to vote
Which people are entitled to hold office (for example, age, residency, birth or citizenship
requirements), and the procedures candidates must follow to appear on the ballot (such
as the formatting and filing of nominating petitions) and rules governing write-in candidates
The rules about what subjects may be submitted to a direct popular vote through a referendum
or plebiscite, and the rules that governmental agencies or citizen groups must follow to
place questions on the ballot for public consideration The framework by which political parties may
organize their internal government, and how they select candidates to run for political
office (e.g. primary elections) The financing of elections (e.g. contribution
limits, rules for public financing of elections, the public disclosure of contributors, and
rules governing interest groups other than a candidate’s campaign organization)
The requirements for creating districts which elect representatives to a legislative assembly
(examples include congressional districts, ridings or wards within a municipality)
What restrictions are placed on campaign advocacy (such as rules on anonymous or false advertising)
How votes are cast at an election (including whether to use a paper ballot, or some other
form of recording votes such as a mechanical voting machine or electronic voting device,
and how information is presented to voters on the ballot or device)
How votes are counted at an election, recounts, and election challenges
Whether, and how, voters or candidates may file legal actions in a court of law or administrative
agency to enforce their rights or contest the outcome of an election
Definition of electoral fraud and other crimes against the electoral system
The sources of election law (for example, constitutions, national statutes, state statutes,
or judicial decisions) and the interplay between these sources of law==
Sources of election law====
Regimes in comparative law=====
France===The French electoral code addresses most of
the elections. However, other texts frame this material for
special elections. Thus the Constitution but fixed some general
basic provisions concerning the presidential election, the legislative and senatorial elections. For litigation election, the court depends
on the concerned election. The Constitutional Council is responsible
for the most important elections: presidential elections and senatorial elections or referendums. In contrast, to the municipal or district
elections the administrative tribunal has jurisdiction, then the appeal is to the State
Council. Finally, for the regional and European elections,
the Council of State which has jurisdiction at first and last resort. In decisions on electoral matters, the law
takes into account the results: if an essential principle is violated, the election is canceled
but if fraud is “classic” (ballot stuffing, failure to register as voters, vote the dead
…) but the election was won (after counting of ballots invalidated) with a large or very
large lead, the judge then cancels rarely the result.===Italy===
The Italian Constitution fixes some general basic provisions concerning the legislative
elections. Electoral disputes in Italy are complex because
they are divided between several court orders. For example, with regard to the dispute concerning
registration of candidates for ballots or litigation election, the administrative court
has jurisdiction. For eligibility and disfranchisement, the
judge is the ordinary tribunal.If a fraud is proven by the judge, it does not cancel
necessarily the elections, unless they think that the result of election without the fraud
would not have been identical. The survival of the acts already performed
by the elected organs would seem solved by abundant case law that protects innocent trust
of third parties.===United States===
See Law of the United States===
United Kingdom===In the United Kingdom, election law is legislated
for by The Houses of Parliament. The statutory governance of UK Election law
comes from acts of parliament such as the Fixed Term Parliaments Act 2011. The Electoral Commission’s mandate and establishment
was set out in the Political Parties, Elections and Referendums Act 2000 (PPERA), and ranges
from the regulation of political donations and expenditure by political and third parties
through to promoting greater participation in the electoral process. The Electoral Administration Act 2006 made
a number of improvements to electoral registration, improving the security arrangements for absent
voting, allowing observers to attend elections and a major change in reducing the minimum
age for candidates at UK parliamentary elections. It also introduced the performance standards
regime for electoral services.==See also==
Category:Election law in the United Kingdom Court of Disputed Returns
Right of foreigners to vote Universal suffrage
Disfranchisement

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