Voting as a Positive Right: A Reply to Flanders
11 Pages Posted: 12 Jun 2011
Date Written: June 1, 2011
This brief symposium piece, written in response to an article by Chad Flanders, asks: Can a state allow write-in votes, but discourage them by making them difficult to cast? I argue that the answer is no – for reasons that highlight two fundamental, but underappreciated, aspects of election law.
Keywords: election law, voting rights, positive rights, negative rights, write-in votes
Suggested Citation: Suggested Citation
Fishkin, Joseph, Voting as a Positive Right: A Reply to Flanders (June 1, 2011). Alaska Law Review, Vol. 28, No. 29, 2011, U of Texas Law, Public Law Research Paper No. 197, Available at SSRN: https://ssrn.com/abstract=1861446 or http://dx.doi.org/10.2139/ssrn.1861446
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