Title

Race Against the Machine: An Argument for the Standardization of Voting Technology

Abstract

In this article/note, I examine a lingering question from the court cases arising out of the 2000 election: Does Bush v. Gore and the relevant equal protection case law open the door for a legal challenge to a state’s use of different voting machines/technologies and how do racial disparities in machine error rates impact this analysis? In addition to reviewing the current literature and case law on voting machine standardization, I also present an unrecognized and undocumented connection between the “all deliberate speed” order in Brown and the Court’s discussion of voting technology in Bush v. Gore.

Disciplines

Civil Rights and Discrimination | Constitutional Law | Internet Law | Law and Politics | Law and Society | Legislation

Date of this Version

July 2005