110 Iowa L. Rev. 353 (2024)
Abstract
This Note examines the interplay between the Civil Rights Act’s materiality provision—which prevents the denial of the right to vote on the basis of immaterial errors—and the widespread adoption of vote by mail. The materiality provision’s text suggests a wide applicability and possibly a prominent role in protecting absentee votes which would otherwise be discarded. This is particularly relevant as we enter an era where a significant proportion of votes are cast via the mail. However, the provision’s ambiguous central concept has created judicial confusion which muddles its otherwise promising scope. To mend this gap, this Note examines a sample of materiality provision cases anddevelops criteria for analyzing materiality in the modern context before proposing a judicial framework and urging the adoption of a legislative solution.