"An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rights-structure” debate in election law, and came to dominate the field, during a period in which the main controversies – vote dilution, gerrymandering, ballot access, campaign finance – were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new vote denial controversies – such as voter roll purges and voter identification laws – in problematic ways that bypass the importance of each individual voter’s right to cast a ballot."
Paper-Equal Citizenship and the Individual Right to Vote
SSRN-by Joseph Fishkin:
