Synopsis
When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000 by Samuel Issacharoff, co-authored with Pamela S. Karlan and Richard H. Pildes, is a scholarly treatise that uses the contentious 2000 U.S. presidential election as a lens to explore the legal frameworks governing disputed elections in American democracy. Published in 2001 by Foundation Press, the book delves into the constitutional, statutory, and judicial mechanisms that shape the resolution of electoral disputes, with a particular focus on the Bush v. Gore case that ultimately decided the presidency. The authors, prominent legal scholars in the field of election law, provide a comprehensive analysis of how federal and state legal systems interact when elections falter, situating the 2000 election within a broader historical, doctrinal, and analytical context. The book is structured in four chapters, each addressing distinct aspects of election law and its application to democratic processes, making it a critical resource for understanding the legal underpinnings of electoral integrity.
The first and third chapters examine the substantive legal boundaries that determine when election disputes rise to the level of federal constitutional or statutory issues, as opposed to being matters of state jurisdiction. The authors explore the delicate balance between federal and state interests in the electoral process, questioning when a voting issue—whether in state or federal elections—implicates federal protections. This inquiry is particularly relevant given that nearly every electoral dispute could be framed as a "voting rights" issue, yet not all warrant federal intervention. The analysis draws on pre-Bush v. Gore legal precedents to delineate the thresholds for federal involvement, offering a nuanced discussion of how courts distinguish between localized administrative concerns and broader constitutional violations, such as equal protection or due process infringements. By grounding their analysis in historical case law, the authors provide a framework for understanding the legal stakes of the 2000 election, where disputes over Florida’s vote-counting procedures triggered federal scrutiny.
The second chapter focuses on the complex interplay between federal and state courts in adjudicating voting rights claims. The authors analyze the jurisdictional tensions that arise when election disputes escalate, as seen in the Florida litigation during the 2000 election. They detail how state courts, tasked with interpreting state election laws, sometimes clash with federal courts applying constitutional standards, creating a layered and often contentious judicial process. This chapter narrates the legal events in Florida, including the pivotal Florida Supreme Court decisions on manual recounts, the Eleventh Circuit’s involvement, and the U.S. Supreme Court’s rulings in Bush v. Gore. The authors highlight the procedural and doctrinal challenges of navigating dual judicial systems, emphasizing how these dynamics shaped the resolution of the 2000 election and continue to influence election law.
The fourth chapter explores the range of remedial options available to courts when addressing electoral disputes, drawing on a variety of historical and contemporary cases. The authors discuss remedies such as ordering new elections, enjoining upcoming elections, making statistical adjustments to vote totals (referencing the colorful case In Re the Purported Election of Bill Durkin), and permanently prohibiting certain election practices, such as punch-card balloting systems found to violate Section 2 of the Voting Rights Act. Other remedies considered include individual damages and criminal prosecutions. This chapter underscores the judiciary’s role in balancing the need to correct electoral flaws with the practical constraints of maintaining democratic stability. The authors incorporate key legal materials from the 2000 election, including the two U.S. Supreme Court decisions in Bush v. Gore and related Florida court rulings, to illustrate how courts navigate these remedial challenges in high-stakes contexts.
Overall, When Elections Go Bad offers a rigorous and accessible examination of the legal architecture of American elections, using the 2000 presidential election as a case study to illuminate broader principles of democratic governance. The authors’ focus on the interplay between federal and state authority, the judicial mechanisms for resolving disputes, and the remedies available to courts provides a comprehensive perspective on the vulnerabilities and resilience of electoral systems. By situating the Bush v. Gore saga within a larger framework of election law, the book not only dissects a pivotal moment in American political history but also equips readers with the tools to analyze future electoral controversies. Its scholarly depth and practical relevance make it a foundational text for students, legal professionals, and anyone interested in the law of democracy.