Citation
Nicholas Stephanopoulos, Election Law for the New Electorate, 17 J. Legal Analysis 42 (2025).
Abstract
The American electorate is transforming — undergoing its most sweeping changes in half a century. These shifts include the disappearance of income as a partisan cleavage, the emergence of education as a new partisan axis, a decline in racially polarized voting, and a more neutral political geography.
This article is the first to explore the implications of the new electorate for election policy and law. As to policy, the parties’ longstanding positions on numerous electoral issues have become obsolete. As to law, an array of electoral claims and defenses now operate differently than in the past. The article proceeds subfield by subfield through election law — voting regulations, racial discrimination in voting, redistricting, and campaign finance — first documenting changes in the American electorate, then explaining how partisan actors should respond to these developments, and then elaborating on the legal ramifications.