Duquesne Law Review


While few would dispute the importance in a representative democracy of the right to vote for government officials, there appears to be relatively little discussion of what might be termed an individual's constitutional right to an election. Granted, the reapportionment cases and other voting rights cases direct attention to vote dilution and voters qualifications, but they involve situations where elections have already been provided. Suppose, however, that elected officials of a properly apportioned municipality are permitted by statute to appoint members of a school board which will be exercising important governmental powers, such as the power to levy and collect taxes, issue bonds, and acquire property by condemnation. Might an argument be made that those school board members must constitutionally be elected by their constituents? What could be the constitutional source and judicial standards of such a right to an election? And, what might be the implications of this right?

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