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State of Elections

A student-run blog from the Election Law Society

Weekly Wrap Up

April 1, 2011

No more automatic restoration of rights: Governor Rick Scott and the Florida Cabinet have recently attempted to change how released felon regain the right to vote. Their proposal, which the NAACP Legal Defense and Educational Fund suggests must get preclearance under Section 5 of the Voting Rights Act, would prevent people who committed non-violent felonies from regaining the right to vote for 5 years and the 5 year clock would restart if that person were arrested during that period, even if no charges are filed. Some have called these requirements a return to Jim Crow-style voting laws.

Campaign finance again in front of the Supreme Court: As mentioned on Tuesday, the U.S. Supreme Court heard oral arguments in McComish v. Bennett on Monday morning. The case is a constitutional challenge to Arizona’s Clean Elections Act, which includes a trigger fund provision for publicly-funded candidates. This is one a several such cases that have been heard in federal courts in the last year; several other challenges have come out of Florida, Connecticut, and most recently Wisconsin in the ongoing judicial elections.

“Fair Districts” Amendments go to the Justice Department: Three months after Governor Rick Scott quietly withdrew the preclearance request for the “Fair Districts” amendments (Amendments 5 and 6 to the Florida constitution), the legislature has renewed the request, after reviewing the amendments and deciding they were the proper body to make the request, as opposed to the governor. This, however, will likely not end the battle over these amendments as a lawsuit to block these amendments is still pending.