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State of Elections

A student-run blog from the Election Law Society

Not so fast-cast: Utah Lieutenant Governor’s office slows down new speedy voting method due to vote total discrepancies in Utah County

November 7, 2024

By: Rachel Hottendorf

Fast Cast Voting, a new method of casting ballots for voters in Utah County, was put to the test for the first time during the County’s June 2024 Primaries but issues with voter and ballot reconciliations are raising concerns over just how fast the new method is.

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Topics: Vote Counting and Canvassing Voting Equipment and Technology

The Latest Failed Efforts to Block Noncitizen Voting in D.C. Local Elections

November 7, 2024

By: Megan Killpatrick

In December of 2022, the Council of the District of Columbia passed the Local Resident Voting Rights Amendment Act of 2022, which amended the D.C. Election Code to allow noncitizen residents of the district to vote in local elections. The Act defines “local elections” to only include elections for the city’s mayor, council members, attorney general, and state board of education members. Since its passing, the Act has withstood multiple attempts by House Republicans to invalidate it, as well as a judicial challenge by citizen residents of D.C. Despite these challenges, noncitizens were per

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Topics: Voter Eligibility Voting Rights

Supreme Court Authorizes Arizona to Require Proof of Citizenship for Voter Registration

November 6, 2024

By: Freddy Parola

Following a drawn out, yet still incomplete, legal battle, the Supreme Court allowed Arizona to enforce parts of House Bill 2492, a 2022 law requiring voters to present proof of citizenship when registering to vote. The law was controversial upon arrival and quickly attracted action from the Department of Justice. The law drew criticism as potentially driving away otherwise eligible voters from participating in elections due to an inability to provide immediate documented proof of citizenship.

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Topics: Federal Elections Voter Registration

New York Governor Signs Bill Allowing New York Licensed Attorneys to Serve as Poll Watchers Anywhere in the State

November 6, 2024

By: Eli Avila

Last month, on the anniversary of the signing of the Voting Rights Act of 1965, Governor Kathy Hochul signed S.6130A/A.530A to strengthen voting protections across the state. (more…)

Topics: Election Observers or Watchers

North Carolina Voting in the Aftermath of Hurricane Helene: The Impact of Natural Disasters on Election Administration

November 5, 2024

By: Sarah Catherine Woodruff

The impact of Hurricane Helene is still being felt in North Carolina, with the historic storm leaving almost 100 dead and approximately $53.6 billion in damages across the state. The damages are concentrated in the state’s western region, where Helene destroyed property, damaged roads, caused significant and lasting disruption to essential utility services, and left dozens of polling places unusable. The inability to use these locations, the displacement of many citizens, and the difficulty of mobilizing people amid the demolished areas raise the question of what actions North Carolina can take to help mitigate the storm’s impact on voters and their ability to cast their ballots. 

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Topics: Accessibility and Voter Assistance Emergency Events and Powers Polling Places

Oregon’s Measure 117

November 5, 2024

By: Gavin Horoszewski

On November 5, 2024—Election Day—Oregonians will be voting on Measure 117, which, if passed, will permit voters to rank candidates in statewide and federal elections—both general and primary—on or after January 1, 2028. Those state and federal offices will include the President and Vice President of the United States, U.S. Senators, U.S. Representatives, the Governor of Oregon, and the Secretary of State of Oregon, among others. Presently, like most states, the State of Oregon uses a plurality voting system, in which each voter casts their ballot for a single candidate, and the candidate with the most votes wins (a majority is not necessary for victory). A similar ranked-choice voting (RCV) system has already been adopted in Oregon’s Benton County, Multnomah County, and the city of Portland.

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Topics: Alternative Voting Methods Initiatives and Referenda

1,900 South Carolina Teenagers Deemed Ineligible to Vote in November Election Due to DMV Computer Glitch

November 5, 2024

By: Kristen Adolf

As the November presidential election approached, so did the resulting tsunami of election-based litigation. In South Carolina, the American Civil Liberties Union filed a complaint in one such case on October 22nd – a mere two weeks from Election Day. The case, American Civil Liberties Union of South Carolina Foundation v. State Election Commission, brought a serious concern before the South Carolina Courts: 1,900 South Carolina teenagers had been improperly obstructed from registering to vote due to a computer glitch within the South Carolina DMV system.

The case arose under the National Voter Registration Act of 1993 (NVRA), perhaps better known as the Motor Voter Act. Under the NVRA, states are required to offer an opportunity for citizens to register to vote at state motor vehicle agencies, commonly on driver’s license applications.

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Topics: Voter Eligibility Voting Rights

Texas Election Code: Your Vote Matters– And So Does Your Outfit! 

November 5, 2024

By: Angelica Radomski

While an individual’s right to choose to wear any clothing they wish is generally protected by the First Amendment, some states, including Texas, have adopted laws restricting a voter’s ability to wear political clothing or accessories at polling places.

When the United States Supreme Court struck down a Minnesota statute that restricted “political” apparel at polling places as unconstitutional, it seemed reasonable to think that states with similar laws would revise or repeal them to align with the Court’s ruling. Yet, in 2021, when the Fifth Circuit Court of Appeals had the chance to overturn a similar law in Texas, the court chose to uphold its constitutionality instead.

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Topics: Electioneering Polling Places

Preemptive Electoral Challenges in Waynesboro, Virginia: A Clear Illustration of Widespread Administrative Tension

November 5, 2024

By: Sophie Tully

Election certification litigation is rampant in Virginia just days before many voters go to the polls on Election Day.

Waynesboro election board members Curtis Lilly and Scott Mares filed a lawsuit in Waynesboro Circuit Court on October 4th claiming they would refuse to certify the November election without hand-counted ballots due to concerns with voting machines. Voters responded with their own lawsuit on October 22nd against those election officials for their pledge not to verify the election. 

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Topics: Ballot Custody Certification and Reporting Results Vote Counting and Canvassing

Maine Ballot Initiative Aims to Tee Up a Supreme Court Ruling on Super PACs

November 5, 2024

By: John Thayer

When Maine voters go to the polls on Tuesday, November 5, they will get to vote on a ballot initiative that poses a straightforward question: “Do you want to set a $5,000 limit for giving to political action committees that spend money independently to support or defeat candidates for office?” Maine Question 1, the Limit Contributions to Super PACs Initiative, has received bipartisan support. According to a recent poll from Pan Atlantic Research, 69% of respondents said they intend to vote “yes” on the initiative (limiting PAC contributions), with 15% of respondents saying they intend to vote “no” and 16% indicating they were undecided. Maine’s federal congressional delegation (consisting of Democrats Chellie Pingree from the 1st District and Jared Golden from the 2nd District) support the initiative, as do state legislators on both sides of the aisle. 

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Topics: Initiatives and Referenda Political Committee Requirements