The Support-or-Advocacy Clauses

By Richard Primus & Cameron O. Kistler

Two little known clauses of a Reconstruction-era civil rights statute are
potentially powerful weapons for litigators seeking to protect the integrity of
federal elections. For the clauses to achieve their potential, however, the
courts will need to settle correctly a contested question of statutory
interpretation: do the clauses create substantive rights, or do they merely
create remedies for substantive rights specified elsewhere? The correct
answer is that the clauses create substantive rights.