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State of Elections

A student-run blog from the Election Law Society

Louisiana’s “Election Integrity Legislative Package” Risks Disenfranchising Voters with Disabilities

November 10, 2024

By: Hannah Barrios

Section 208 of the Voting Rights Act (“the VRA”) ensures that anyone who needs assistance to vote because of blindness, disability, or inability to read or write may be assisted “by a person of the voter’s choice.” After Louisiana’s recent enactment of several laws regarding absentee ballots, a disability rights group is now worried about disabled individuals’ access to absentee ballots and the potential prosecution of those who assist disabled individuals. The group is challenging the validity of the Louisiana laws, arguing they are a violation of Section 208 of the VRA.

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Topics: Accessibility and Voter Assistance Vote by Mail and Absentee Voting

Alabama Purges Naturalized Citizens from its Voter Rolls

November 10, 2024

By: Krishan Patel

As the home of the case that led to the demise of Section 4(b) of the Voting Rights Act, and by extension preclearance under Section 5, Alabama certainly does not have a reputation as the state with particularly wide access to the ballot. In the decade following Shelby County v. Holder, the turnout gap between white voters and Black voters in Alabama has tripled from a mere 3% in the 2012 election to a 9% in the 2022 election (this is not just because 2022 was a midterm cycle, as the gap was 8% in 2020), and the turnout gap between white voters and non-white voters increased from 7% in the 2012 election to 13% in both the 2020 and 2022 elections. Alabama has again lived up to its reputation as a state with more difficult access to the ballot in 2024: the Alabama legislature both passed a law making it illegal for Alabamians who are not disabled or illiterate to help people other than close family members and or cohabitants to return, fill out, or request absentee ballots and attempted to add 120 new felonies to Alabama’s felony voter disenfranchisement list before the 2024 election. When it comes to voter suppression efforts this year, however, Alabama has not stopped at absentee voters and people with felony conviction histories.

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Topics: Voter List

Where Companies Outnumber Humans 2-1: Delaware’s fight to keep corporations in (or out of) its local elections

November 10, 2024

By: Marley Fishburn

With over 2 million corporations registered in Delaware, it is safe to say the first state is no stranger to the business side of things. Nothing exemplifies the history of Delaware’s relationship with corporations better than when political activist Ralph Nader said, “General Motors could buy Delaware if DuPont were willing to sell it.”

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Topics: Voter Eligibility Voting Rights

A Deep-Dive into California’s “Deepfake” Disclosure Requirements

November 8, 2024

By: Caroline Olsen

When Vice President Kamala Harris launched the first advertisement of her campaign for President, Christopher Kohls (@MrReaganUSA) quickly responded with a computer-generated voiceover parody, entitled “Kamala Harris Campaign Ad PARODY.” After Elon Musk reposted the parody on X (formerly Twitter), California Governor Gavin Newsom vowed to sign a bill that would make “manipulating a voice in an ‘ad’ like this one . . . illegal.” On September 17, 2024, he signed three. Despite having received bipartisan support, California’s latest legislation demonstrates the inherent challenges of designing deepfake regulations to “ensure . . . elections are free and fair.”

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Topics: Disclosure - Campaign finance Electioneering

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