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Reply To: | Academy of Legal Studies in Business (ALSB) Talk |
Date: | Mon, 14 Nov 1994 11:09:22 -0500 |
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Kenneth Schneyer <[log in to unmask]> writes:
>It occurs to me that there are probably extant cases involving campaign
promises.
A quick Westlaw search: (campaign /4 promise) /5 breach found only one
case. The court held that minority school board members did not
have a federal cause of action challenging Mississippi recall
procedures, but for the GOP contract problem the dictum is interesting:
> Given the sanctity of the secret ballot process in our Republic,
> individual votes cannot be traced from minority members' ballots
> into the public office.... For instance, if minority members
> vote for a candidate on the basis of a campaign promise and
> the candidate later breaches that promise with
> discriminatory effects, the minority voters could claim their
> rights to vote have been rendered ineffective so as to give
> rise to claims under the Voting Rights Act. Obviously, the
> right to vote cannot be read so broadly.
_Smith v. Winter_, 717 F.2d 191, 198 (5th. Cir. 1984).
--
Robert J. Van Der Velde | Internet: [log in to unmask]
10307 Wilbert Drive | Phone: (216) 256-9262
Kirtland, OH 44094-9511 |
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