Proposed 'Defend Elections and National Democracy' (DEFEND) Act

2 Pages Posted: 3 Jun 2021 Last revised: 23 Jun 2021

Date Written: May 20, 2021

Abstract

This paper presents a brief and simple proposed Act of Congress which would block all state restrictions on voting rights, or other state laws affecting federal elections, enacted after January 6, 2021, unless such laws were enacted with bipartisan support.

This would have the effect, in one fell swoop, of blocking and invalidating any and all partisan and abusive state legislation (whether Republican-sponsored or Democratic-sponsored) attacking voting rights or threatening election integrity.

It would also effectively block any state map seeking to "gerrymander" districts for the U.S. House of Representatives on a partisan basis, with an express exemption allowing redistricting to proceed as usual in the ten states currently using independent nonpartisan or bipartisan districting commissions or procedures (Arizona, California, Colorado, Hawaii, Idaho, Michigan, Montana, New Jersey, Virginia, and Washington), and a provision encouraging other states to adopt similar commissions.

Keywords: Congress, federal elections, state election law, voting rights, gerrymandering, independent districting commission

JEL Classification: K39

Suggested Citation

Wildenthal, Bryan H., Proposed 'Defend Elections and National Democracy' (DEFEND) Act (May 20, 2021). Thomas Jefferson School of Law Research Paper No. 3850421, Available at SSRN: https://ssrn.com/abstract=3850421 or http://dx.doi.org/10.2139/ssrn.3850421

Bryan H. Wildenthal (Contact Author)

Thomas Jefferson School of Law ( email )

701 B Street
Suite 110
San Diego, CA 92101
United States

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