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State of Elections

A student-run blog from the Election Law Society

A Bonus Seat for the Ocean State?

February 9, 2022

 

By: Peter Quinn

It would probably surprise most Americans that tiny Rhode Island, the smallest U.S. state by area, has been afforded at least two members of the House of Representatives since the 1790s. The census reapportionment process has been very kind to the state as of late, resulting in the state retaining its current two seats for the last ten censuses, losing a third seat during the Great Depression. This is especially stark when compared to Delaware, with only about 100,000 fewer people than Rhode Island but bereft of multiple Representatives throughout its history other than from 1813-23.

In the run-up to the 2020 Census, however, Rhode Islanders began to worry that their population growth was not keeping pace with other states, or at least not enough to guarantee the continued existence of its second seat. With the state controlled by Democrats, including the holders of both House seats, a potentially ugly fight was brewing that would determine who would become the standard-bearer when the two districts consolidated.

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Alaska’s Gubernatorial Recall Laws After #RecallDunleavy

February 7, 2022

By: Ellie Halfacre

The only recall petition filed against the state’s governor in Alaska’s history was unsuccessful. When looking at the history of gubernatorial recalls in the United States, this is unsurprising: four governors have faced recall elections, and only two have ever been recalled.

In July 2019, Recall Dunleavy campaign organizers hoped to change that. After one year in office, Alaska Governor Mike Dunleavy used his veto power to cut $444 million from the state’s budget. This move, which would have defunded the state’s university system by 41 percent and reduced Medicaid funding, led to a “political mess” among legislators. In response, Alaskan citizens began a petition campaign to recall Gov. Dunleavy from the governor’s office.

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Maine Completes Expedited Redistricting

February 4, 2022

By: Connor Skelly

On September 29, 2021, Maine Governor Janet Mills signed legislation creating new maps for Maine’s Congressional, State House, and State Senate districts. In Maine, the power to draw districts is given to a bipartisan apportionment commission.

The composition of this commission is mandated by the Maine Constitution to be: three members of the Maine House of Representatives from the majority party who shall be appointed by the House Speaker; three members of the House from the next largest party who shall be appointed by that party’s leader; two members of the majority party from the state Senate who shall be appointed by the President of the Senate; two members of the Senate from the next largest party who shall be appointed by their party’s Floor Leader, the chairperson of each of Maine’s two major political parties; and three members of the public.

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Virginia Passes State-Level Voting Rights Measure Mirroring Original Federal 1965 Voting Rights Act

February 2, 2022

By: Sarah Fisher

In March 2021, Virginia—a state historically marked by racially discriminatory practices in voting—became the first state formerly covered by the landmark federal 1965 Voting Rights Act to adopt state-level voting rights legislation modeled off of the Civil Rights Era measure.

Under the 1965 Act, certain cities, counties, and states with a history of race-based discrimination in voting were required to seek approval (called “preclearance”) from the United States Attorney General before making any changes to their election laws, regulations, or practices. The group of states and municipalities required to seek preclearance was determined by a formula that considered the jurisdiction’s use of certain discriminatory voting practices (such as poll taxes) and the jurisdiction’s voter registration and participation rates as of 1968.

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New Jersey: An Experiment in Early Voting Expansion

January 31, 2022

By: Tim Intelisano

Earlier this year, New Jersey expanded in person early voting in the state. Now, that legislation was put to the test in the 2021 general election in early November.

Thus far, it has not been smooth sailing. For one, many counties struggled to recruit enough poll workers. This is an issue that other states, including Ohio, also bemoaned this year. The concern in New Jersey was so severe that newly re-elected Governor Phil Murphy used an executive order to raise the pay of election workers. The pay raise was modest—going from $200 to $300 dollars for a day’s work. It did not escape notice that workers in the June primary were paid $400 dollars for a day of service, though that higher award was attributed almost exclusively to the dangers and uncertainty around coronavirus. Additionally, Governor Murphy’s executive order also permitted poll workers to work outside of the county where they resided. Officials felt that this would be a useful tool for municipalities, since for unknown reasons some towns and counties just had an easier time signing up the requisite number of poll workers.

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Massachusetts Automatic Voter Registration

January 28, 2022

By: Adriana Dunn

On August 9, 2018, Massachusetts Governor Charlie Baker signed into law an automatic voter registration (AVR) bill, making Massachusetts the fourteenth state to approve of AVR. The law became effective January 1, 2020, over a month before the registration deadline for the 2020 primaries. The new system works with existing state agencies such as the Department of Motor Vehicles and Massachusetts health insurance systems (MassHealth and the Commonwealth Health Connector). A U.S. citizen in Massachusetts will be automatically registered to vote when they apply for or renew: a driver’s license, a learner’s permit, a state ID, MassHealth benefits, or health insurance through the Mass Health Connector. After applying for one of these services, the citizen will be mailed a postcard informing them that they have been registered to vote, unless they should choose to opt-out.

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Upcoming Bill Could Make Illinois the Third State to Allow All Incarcerated People to Vote

January 28, 2022

By: Andrew Heiser

Brian Harrington spent thirteen years in prison after being charged with murder at the age of sixteen. During that time, he was able to build skills he hoped to use outside of prison, work on self-improvement, and raise awareness about the shortcomings of the criminal justice system. There was, however, one thing he could not do: vote.

In Illinois, as in almost every state, incarcerated felons lose their right to vote while they are incarcerated (though unlike some states, in Illinois the right to vote is restored immediately upon release). Only two states, Maine and Vermont, and the District of Columbia currently allow all people in prison to vote during their incarceration. Alabama, Alaska, and Mississippi also allow some prisoners to vote if they were not convicted of certain crimes—though which crimes specifically cause those with felony convictions to lose the right to vote can seem arbitrary, and many are not made aware of the distinction.

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A Growing, Shrinking Problem – Mississippi’s Challenges in Redistricting

January 26, 2022

By: Theo Weber

While federal congressional elections are not being held in Mississippi until 2022, and state house and senate races aren’t until 2023, the redistricting process in the “Magnolia state” is well underway. However, Mississippi is currently facing a problem that has been accelerating in recent years, causing issues for legislators drawing the maps: that problem is population decline.

From 2000 to 2010, Mississippi saw an increase in population just shy of 125,000 people, a 4.31% increase. However, from 2010 to 2020, Mississippi saw a decrease in population of right around 6,000 people, one of only three states in the United States to see a population decline in the decade.

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Reformation or Regression? Michigan Election Laws Divide Opinions

January 24, 2022

In June of this year, a series of three election reform bills passed both houses of the Michigan state legislature. Republicans comprise the majority in each house of the legislature, and all three bills were passed on party-line votes with all Republicans in favor and all Democrats opposed. The first of the three bills, SB 285, would impose new voter I.D. requirements on absentee voters. It would require voters to provide a photocopy of their I.D. (among other forms of acceptable identification) with their mailed application or present I.D. to the officials at the county clerk’s office when applying in person. Any voter who did not do so would be mailed a provisional ballot and be required to prove their identity before their vote could be counted.

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Louisiana Redistricting: Bipartisan or Power Struggle?

January 24, 2022

By: Nick Brookings

With the 2020 Census completed, time has come for states to officially begin the redistricting process. This once a decade process is hugely important as cleverly planned districts can make all the difference in a state legislature by guaranteeing one party a majority for years to come. With the divisive decision of Rucho v. Common Cause in 2019, the court ruled that partisan gerrymandering claims “present political question beyond the reach of the federal courts.” With this decision a federal hurdle in the way of gerrymandering has been cleared, signaling that the gerrymandering possibilities are open as long as federal racial gerrymandering standards are met. Redistricting is always hugely impactful for state and federal legislatures, and the dominant parties of each state, or redistricting commissions, are rushing to create their plans.

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