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Rethinking US Election Law

Unskewing the System Steven Mulroy, University of Memphis, School of Law, US
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Extent: 200 pp
Hardback Price: $115.00 Web: $103.50
Publication Date: 2018
ISBN: 978 1 78811 750 0
Availability: Out of Stock
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  • Law - Academic
  • Constitutional and Administrative Law
  • Politics and Public Policy
  • Public Policy
  • Constitutions
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability.

This sharp examination of a flawed system is vital reading for students and scholars involved in election law and political science, and is approachable enough for lay readers interested in politics and reform as well.
‘Mulroy unpacks the electoral systems of the United States, laying bare their shortcomings and proposing some imminently sensible reforms to bring our elections back in line with those basic democratic assumptions. . . Mulroy’s depth of analysis, carefully thought-out conclusions and overall presentation deserve significant credit.’
– FairVote

‘Professor Mulroy has written a bold prescription for a constructive path forward on the Electoral College, the Senate, and our winner-take-all consequences. His work is must-reading for those working to improve, perhaps save, our democracy.’
Don Beyer, US Representative, Virginia's 8th Congressional District

‘From the Electoral College to the Senate to partisan gerrymandering of the House and state legislatures, the U.S. election system skews to favor the interests of some over the interests of a majority of Americans. Steven Mulroy makes the case for unskewing and democratizing American politics, and he offers a path to get it done. A clear argument in favor of radical reform of American politics.’
– Richard L. Hasen, University of California, Irvine, US and author of The Justice of Contradictions: Antonin Scalia and the Politics of Disruption

Contents: 1. Introduction 2. The Electoral College 3. The Senate 4. House Gerrymandering 5. Judicial Policing of Gerrymanders 6. Nonpartisan Redistricting Commissions 7. Instant Runoff Voting 8. Proportional Representation and the Single Transferable Vote 9. State and Local Applications 10. Conclusion