On October 7, 2008, the Federalist Society held presented the 2008 Election Law Conference. This panel will consider the various means by which states are regulating qualifications and registration of voters and voting. It will consider absentee, early voting, and Election Day issues. What federal interests are served when litigators challenge state election administration under the Constitution? Do states restrict access to voting primarily for “invidious” reasons, to serve partisan interests, or to ensure the integrity of the electoral system – and does the state’s purpose matter? Must states extend the right to vote to ex-felons? Can same-day registration provide greater access without also providing greater opportunities for fraud? Has technology improved confidence in elections or increased anxiety? To what degree should the state regulation of elections and the franchise be preempted by Congress to provide uniform national rules?
9:00 a.m. – 10:30 a.m.
The Scope of the Franchise, 2008
- Mr. David B. Muhlhausen, Ph.D., Center for Data Analysis, The Heritage Foundation
- Mr. Douglas Kellner, New York State Board of Elections
- Hon. Hans A. von Spakovsky, former member of the Federal Election Commission and Counsel to the Assistant Attorney General for Civil Rights, U.S. Department of Justice
- Ms. Wendy R. Weiser, Brennan Center for Justice
- Moderator: Prof. Allison Hayward, George Mason University School of Law