Jason Marisam has posted this draft on SSRN (Texas Law Review Online). Here is the abstract:
Since the 2000 presidential election, Republicans and Democrats have been locked in a seemingly endless war over our nation’s election laws, constantly proposing and challenging reforms. Despite studies showing that these laws offer little to no partisan advantage at the ballot box, high-volume conflict persists. This essay explores three reasons for the ongoing election law war: (1) the low costs and political benefits of engaging in the war, (2) the strategic disadvantages of unilateral withdrawal, and (3) obstacles to negotiating a ceasefire, such as credible commitments and constituency pressures.