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69 3 DISPUTING ELECTIONS Richard H. Pildes The most incendiary issue any democratic system can confront might well be the selection of its chief executive when election results are disputed, obscure, and sharply divided. If we consider this issue from the perspective of democratic institutional design, we should anticipate that such situations are likely to arise eventually in any long-running democracy. In America, we have had disputed elections to the Senate and House regularly through- out our history and, on occasion, though not in the peculiar form of the

205 9 ELECTION DAY, 1920 The suffrage victory, according to Miss [Alice] Paul is “won but not paid for.” We should worry! But we do. The struggle for white supremacy in the South now confronts us.1 ORLANDO REPORTER-STAR the florida movement stood poised at the brink of a great vic- tory against one-party rule in the South. African Americans planned to use the ballot to challenge the fundamental elements of racial oppres- sion: poverty wages, debt peonage, failing schools, racial violence, and corrupt law enforcement. The movement was so successful that the NAACP

CHAPTER IV The Difficult Election P h i l Swing's eleventh district was a Republican district. In his first bid for election in 1920 Swing was unopposed by any Re- publican in the August primary. In 1922 his name alone appeared on both the Republican and Democratic tickets in the primary election. As a result, his August victory was tantamount to elec- tion, even though the November election was necessary to send him officially to Congress. California election laws had been changed under progressive Governor Hiram Johnson to prevent strong political party

the majority of moderate and DTS (Decline to State) voters who express their preference for Democratic candidates in almost every election and you have to ask, “Who the hell is left to vote for the Republicans?” ch a p t e r sev e n The Remarkable Election My mother had the good sense to name me after my father. Jerry Brown, on more than one occasion 9780520275638_PRINT.indd 136 28/01/13 4:51 PM The Remarkable Election / 137 Simply answered, Republicans are the party of older white voters from inland California, a base too small to win in 21st Century

C H A P T E R I I Presidential Elections Presidents are the only truly national elected officials in the American political system. This was true under the old system just as it is now, but presidential selection has been transformed in our time. The process through which we now select our chief executive is very different even from that which resulted in the election of John Kennedy in 1960. Beginning at the 1964 Democratic convention, events were set in mo- tion the full implications of which were not to become clear until at least the following decade

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X . T H E G E N E R A L E L E C T I O N S The general elections of May, 1960, represent the final phase of a process of political transfer which formally began in January of the same year at the Brussels Round Table Conference. Although the Round Table had once and for all settled the issue of a target date for inde- pendence, there was still considerable uncertainty as to which group would acquire a dominant position in the new political order—if only because the contestants were so numerous and their bases of support so unstable. The tensions arising

5- Elections in Authoritarian Regimes A central element in the establishment of authoritarian rule in Afri- ca was the elimination of multi-party, competitive elections. Yet electoral policy was not uniform in the two types of authoritarian regimes that characterized post-independence Africa—the one- party regime and the military regime. The policy of military govern- ments has generally been to eliminate elections. In the one-party regimes, however, elections per se were not eliminated; they were, rather, transformed into some form of controlled election

The Voters and Elections REQUIREMENTS FOR VOTING When Washington, Hamilton, Franklin, Madison, and the other members of the Constitutional Convention wrote our United States Constitution in 1787, it was agreed that the states should set the rules to determine who could vote. T o be eligible to vote for members of the House of Representatives in Congress, for example, a person must be qualified under the laws of his own state to vote for members of the lower house of the state legislature. Since 1787, the national Constitution has been amended twice to

IX THE ELECTORATE AND ELECTIONS DEVELOPMENT OF THE SUFFRAGE The procedure for electing people to legislatures is novel to Nigerians; it is associated with pomp and ceremony, with strife and rowdiness. Before analyzing this procedure, however, it is necessary to discuss the electorate itself. The franchise was given for the first time to the people of Lagos and Calabar after the 1922 Constitution granted elected representation to the two towns. Only adult males who were British subjects or natives of the protectorate, and who possessed a residence