Document Type
Article
Publication Date
2025
Abstract
Acts of voter harassment are often difficult to prevent. One longstanding, albeit underused, tool for addressing such harassment is found in section 11(b) of the Voting Rights Act (VRA). Continued use of the provision, however, is threatened by recent decisions restricting private enforcement of the VRA. This Essay examines one challenge to such enforcement, exploring the linkage between section 11(b)’s prohibition on voter intimidation and the enforcement of constitutional voting guarantees, on which private enforcement of the provision presently depends. It invites consideration of the idea that this linkage is sufficient and private enforcement is appropriate because section 11(b) provides a remedy when state and local efforts to operate equitable voting processes fall short.
Recommended Citation
Katz, Ellen D. "Voter Harassment and the Limits of State and Federal Power." Wisconsin Law Review 2025, no. 2 (2025): 439. DOI: https://doi.org/10.59015/wlr.KRXX4398
Included in
Civil Rights and Discrimination Commons, Election Law Commons, Law and Politics Commons, State and Local Government Law Commons
Comments
Copyright © 2025 The University of Wisconsin Board of Regents. All Rights Reserved. Reproduced with permission.
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