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This Little Right of Mine: Braxton v. Stokes & Election Subversion Remedies in Alabama
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This Little Right of Mine: Braxton v. Stokes & Election Subversion Remedies in Alabama
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Journal Article
This Little Right of Mine: Braxton v. Stokes & Election Subversion Remedies in Alabama
2024
Overview
Rural American elections, without fundamental protection to occupy the offices that citizens have been elected to, are at risk of losing the soul of democracy. The Voting Rights Act preserved the most fundamental power given to every citizen of this country-the right to vote-to choose who has the power to effect and create change and defend the principles endowed by the United States Constitution. However, there is an enforcement gap. While Congress has created federal protections, how can those particular protections protect rural citizens from election subversion without similar state law protections? This article highlights the story of Patrick Braxton and the town of Newbern in rural Alabama. While scholars and Congress have been concerned with the \"right\" solution to prevent election subversion on a national level, Patrick Braxton 's story proves that the greatest place in need of protection from subversion is the local level. Patrick was the only named candidate for Mayor of his majority black town and by default won the election. However, he was not allowed to occupy office. This article aims to highlight specific remedies available at a local and national level applicable to cases like Braxton 's. However, those particular protections also come with weaknesses that should be taken into consideration. Part I will discuss Patrick Braxton's story to give an example of local election subversion. Part II will discuss the legal conversation surrounding different approaches to rectify election subversion and what remedies are currently available. Part Ш will discuss the legal conversations on judicial interference in elections to provide remedies without explicit legislative guidance. Part 1V will analyze the four equitable remedies for enforcing the results of a free and fair election. Part V will evaluate how the Alabama Supreme Court has handled the most likely option to enforce the results ofa free and fair election.
