Daniel P. Tokaji

University of Wisconsin Law School

Fred W. & Vi Miller Dean and Professor of Law

975 Bascom Mall

Madison, WI 53706

United States

http://https://law.wisc.edu/profiles/tokaji@wisc.edu

SCHOLARLY PAPERS

23

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6,826

SSRN CITATIONS
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Top 43,616

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10

CROSSREF CITATIONS

10

Scholarly Papers (23)

1.

The New Vote Denial: Where Election Reform Meets the Voting Rights Act

South Carolina Law Review, Vol. 57, p. 689, 2006, Ohio State Public Law Working Paper No. 61
Number of pages: 47 Posted: 17 Apr 2006
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 1,330 (28,105)
Citation 1

Abstract:

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elections, election law, voting rights, election reform, VRA, voting rights act, Section 2, HAVA, voting technology, punch card, felon disenfranchisement, voter ID, voter identification

2.

A Program in Legislation

Journal of Legal Education, Vol. 65, No. 1, pp. 70-95, 2015, Ohio State Public Law Working Paper No. 278
Number of pages: 26 Posted: 15 Oct 2014 Last Revised: 01 Oct 2015
Ohio State University (OSU) - Michael E. Moritz College of Law, University of Michigan Law School and University of Wisconsin Law School
Downloads 850 (53,157)
Citation 1

Abstract:

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legal education, legislation, statutory interpretation, administrative law, regulation, political process, clinics

3.

The Paperless Chase: Electronic Voting and Democratic Values

Fordham Law Review, Vol. 57, 2005, Ohio State Public Law Working Paper No. 25
Number of pages: 99 Posted: 22 Sep 2004
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 750 (62,876)
Citation 3

Abstract:

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election, voting, ballot, vote, touchscreen, equality

4.

Voter Registration and Election Reform

William & Mary Bill of Rights, Vol. 17, No. 2, 2008
Number of pages: 56 Posted: 31 Oct 2008
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 447 (119,833)

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voter registration, voting, election, registration reform

5.

The Obliteration of Equality in American Campaign Finance Law: A Trans-Border Comparison

5 Journal of Parliamentary & Political Law 381 (2011) , Ohio State Public Law Working Paper No. 140
Number of pages: 20 Posted: 28 Jan 2011 Last Revised: 19 Apr 2014
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 444 (120,845)
Citation 1

Abstract:

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elections, campaign finance, Citizens United v. FEC, Buckley v. FEC, equality, Canada, comparative campaign finance

6.

Early Returns on Election Reform

George Washington Law Review, Vol. 74, 2005, Ohio State Public Law Working Paper No. 42, Center for Interdisciplinary Law and Policy Studies Working Paper Series No. 29
Number of pages: 49 Posted: 20 Sep 2005
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 350 (158,240)
Citation 1

Abstract:

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election, election law, election reform, bush, kerry, gore, ballots, chads, HAVA, voting technology

7.

Comparative Election Administration: A Legal Perspective on Electoral Institutions

Forthcoming, Comparative Election Law, Edward Elgar Publishing, 2022, Univ. of Wisconsin Legal Studies Research Paper No. 1705
Number of pages: 29 Posted: 10 Dec 2019 Last Revised: 11 Mar 2022
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 322 (173,124)
Citation 1

Abstract:

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Election Law, Election Administration, Comparative Election Law, Comparative Law, Election Management Bodies, Voting Rights, Election Reform

8.

America's Top Model: The Wisconsin Government Accountability Board

3 U.C. Irvine Law Review 575 (2013), Symposium: Foxes, Henhouses, and Commissions: Assessing the Nonpartisan Model in Election Administration, Redistricting, and Campaign Finance, Ohio State Public Law Working Paper No. 184
Number of pages: 35 Posted: 17 Jan 2013 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 264 (212,529)
Citation 3

Abstract:

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election law, voting rights, election administration, HAVA, vote suppression, voter fraud, voter ID

9.

Public Rights and Private Rights of Action: The Enforcement of Federal Election Laws

Indiana Law Review, Vol. 44, p. 113, 2010
Number of pages: 48 Posted: 26 Jul 2010 Last Revised: 14 Dec 2010
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 255 (220,004)
Citation 2

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election law, voting rights, Section 1983, right of action, private cause of action, election reform, election administration, Help America Vote Act, HAVA, Section 1971, UOCAVA, Brunner v. Ohio Republican Party

10.

If it's Broke, Fix it: Improving Voting Rights Act Preclearance

Howard Law Journal, Vol. 59, 2006, Ohio State Public Law Working Paper No. 54
Number of pages: 51 Posted: 14 Apr 2006
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 242 (232,573)
Citation 1

Abstract:

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elections, election law, preclearance, redistricting, Voting Rights Act, VRA, Section 5, DOJ, Justice Department, partisan, voter ID

11.

Applying Section 2 to the New Vote Denial

50 Harv. C.R.-C.L. L. Rev. 439 (2015), Ohio State Public Law Working Paper No. 298
Number of pages: 49 Posted: 25 Jun 2015 Last Revised: 30 Jun 2015
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 239 (234,436)

Abstract:

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Voting Rights Act, voting, Shelby County, vote suppression, vote denial, Supreme Court

12.

Responding to Shelby County: A Grand Election Bargain

8 Harvard Law & Policy Review 71 (2014), Ohio State Public Law Working Paper No. 230
Number of pages: 39 Posted: 30 Jan 2014 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 233 (240,289)

Abstract:

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voting, voting rights act, shelby county v. holder

13.

Beyond Repair: FEC Reform and Deadlock Deference

Democracy by the People (Cambridge University Press 2018), Ohio State Public Law Working Paper No. 440
Number of pages: 29 Posted: 29 Mar 2018 Last Revised: 12 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 179 (306,077)

Abstract:

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Campaign Finance, Election Law, Federal Election Commission, FEC, Chevron Deference, Administrative Law

14.

Leave it to the Lower Courts: On Judicial Intervention in Election Administration

Ohio State Law Journal, Vol. 68, 2007
Number of pages: 32 Posted: 04 Apr 2007
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 167 (326,841)

Abstract:

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election law, election administration, voting technology, voter ID, voting rights

15.

Voting Is Association

Ohio State Public Law Working Paper No. 364, 43 Florida State University Law Review 763 (2016)
Number of pages: 30 Posted: 31 Aug 2016 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 156 (344,530)

Abstract:

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voting, voting rights, election law, right to vote, First Amendment, association, voter ID, gerrymandering

16.

Vote Dissociation

127 Yale L.J. F. 761 (2018), Ohio State Public Law Working Paper No. 424
Number of pages: 18 Posted: 26 Oct 2017 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 143 (369,767)

Abstract:

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right to vote, voting rights, election law, campaign finance, gerrymandering, polarization, economic inequality

17.

Gerrymandering and Association

59 William & Mary Law Review 2159 (2018), Ohio State Public Law Working Paper No. 417
Number of pages: 51 Posted: 02 Oct 2017 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 134 (389,046)
Citation 1

Abstract:

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gerrymandering, redistricting, right to vote, voting rights, First Amendment, association, election law

18.

True Threats: Voter Intimidation and the Constitution

Ohio State Public Law Working Paper No. 323
Number of pages: 9 Posted: 01 Dec 2015 Last Revised: 30 Sep 2017
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 134 (389,046)
Citation 1

Abstract:

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election law, voting, voter intimidation, vote suppression, Voting Rights Act, Section 11, Elections Clause, First Amendment

19.

Building a Record for the Next Court

Ohio State Public Law Working Paper No. 240
Number of pages: 32 Posted: 23 Apr 2014
Renata Strause and Daniel P. Tokaji
Ohio State University (OSU) - Michael E. Moritz College of Law and University of Wisconsin Law School
Downloads 118 (428,527)
Citation 1

Abstract:

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election law, campaign finance, Citizens United v. FEC, Mccutcheon v. FEC, Mcconnell v. FEC

20.

Denying Systemic Equality: The Last Words of the Kennedy Court

13 Harvard Law & Policy Review 539 (2019), Ohio State Public Law Working Paper No. 519
Number of pages: 40 Posted: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School
Downloads 51 (699,035)

Abstract:

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Supreme Court, Equal Protection, Redistricting, Gerrymandering, Voting Rights, Right to Vote, First Amendment, Free Speech, Association, Religion, Election Law, Voting Rights

21.

Baker, Bush, and Ballot Boards: The Federalization of Election Administration

62 Case Western Reserve Law Review 969 (2012)
Number of pages: 28 Posted: 15 Jul 2012 Last Revised: 12 Dec 2019
Daniel P. Tokaji and Owen Wolfe
University of Wisconsin Law School and affiliation not provided to SSRN
Downloads 18 (961,226)
Citation 2

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22.

Realizing the Right to Vote: The Story of Thornburg v. Gingles

Election Law Stories, Foundation Press, 2016, Ohio State Public Law Working Paper No. 322
Posted: 01 Dec 2015 Last Revised: 16 Apr 2016
Daniel P. Tokaji
University of Wisconsin Law School

Abstract:

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Election Law, Voting, Voting Rights Act, vote suppression, Gingles, redistricting, Supreme Court

23.

The Story of Shaw v. Reno: Representation and Raceblindness

Race Law Stories (Foundation Press 2008), Ohio State Public Law Working Paper No. 53
Posted: 12 Apr 2006 Last Revised: 10 Dec 2019
Daniel P. Tokaji
University of Wisconsin Law School

Abstract:

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Shaw, Reno, elections, election law, redistricting, Voting Rights Act, VRA, Section 5, DOJ, Justice Department