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State of Elections

A student-run blog from the Election Law Society

Escaping the Miry Red Clay

February 16, 2018

By: Dorronda Bordley

On March 27, 2015, the American Civil Liberties Union (ACLU) of Delaware sued the Red Clay Consolidated School District in Chancery Court. The ACLU asserted that Red Clay violated, among other things, the Delaware Constitution guaranteeing “free and equal” elections.

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Keeping Things Straight: Michigan’s Fight Over Straight-Ticket Voting

February 14, 2018

By: Simon Zagata

For over 125 years, Michigan residents had the option of killing many birds with one stone, at least at the ballot box. This option is called straight-ticket voting, and it allows voters to fill in one bubble on a ballot for Democrats or Republicans, instead of filling in individual bubbles for every race. Proponents of straight-ticket voting claim that it makes the voting process faster, which helps eliminate long lines at the polls. In January 2016, Governor Rick Snyder signed into law a bill that eliminated Michigan’s straight-ticket voting option.

The bill passed along mostly partisan lines, with Republicans claiming that it would encourage nonpartisan voting and force voters to be informed on individual candidates, instead of voting by party. Democrats, on the other hand, saw it as a bare attack on voters in urban areas like Detroit and Flint, where long waits at polling places were already common. Straight-ticket voting has been a boon to Democrats in past elections, with more people voting for Democrats on straight tickets than Republicans. The Michigan Democratic Party was not alone in its concern with the law.

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A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland

February 12, 2018

By: Zach Allentuck

The recent oral arguments for Gill v. Whitford left courtwatchers unsure if the Supreme Court would strike down excessive partisan gerrymandering. Gill v. Whitford’s impact goes far beyond Wisconsin: as previously noted, there is a lawsuit against Maryland’s 6th Congressional District for excessive partisan gerrymandering. Though the 4th Circuit declined to throw out the congressional voting map that created the 6th Congressional District, the case does not end there. The 4th Circuit wants to wait and see how the Supreme Court rules in Gill v. Whitford before issuing a ruling, and the plaintiffs announced their intent to appeal to the Supreme Court. If the Supreme Court sides with the plaintiffs in Gill, what would happen to the Maryland case?

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PA Voter ID Bill Dies In Body, if Not in Spirit

February 9, 2018

By: Scott McMurtry

After taking unified control of the state government in the 2010 election, Pennsylvania Republicans set out to change the state election laws in two fundamental ways: a redistricting overhaul and an enhanced voter identification law. While the state and Congressional-level redistricting have survived legal challenges to date, plaintiffs were successful in persuading Pennsylvania courts to first stay, and ultimately strike down, the voter ID measure. While confusion over the implementation of the policy persisted even during the 2016 elections, it appears that Pennsylvania’s foray into stringent ID enforcement is over for the foreseeable future.

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Territorial Voting Rights: 7th Circuit Asked to Rule on Absentee Voting by U.S. Territory Residents

February 8, 2018

By: Stephen Fellows

In September 2017 the U.S. Court of Appeals for the Seventh Circuit heard oral arguments for Segovia v. United States.   The Plaintiffs, a group of Illinois citizens residing in Puerto Rico, Guam, or the U.S. Virgin Islands, want the right to vote by absentee ballot in federal elections in Illinois.  They initially brought the case in the U.S. District Court for the Northern District of Illinois.  The complaint stems from Illinois’ Military and Overseas Voter Empowerment (MOVE) Act, which implemented the Overseas Citizens Voting Rights Act (OCVRA) of 1975.  The federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) replaced the OCVRA in 1986. The UOCAVA guarantees the right to vote by absentee ballot in federal elections to Americans, both military and civilians, residing overseas.

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How Puerto Rico’s Electoral System Sustains Its Multiple Parties

February 7, 2018

By: Aaron Barden

Before this blog post begins, I would feel remiss and disingenuous if I did not remind the reader of the humanitarian crisis currently happening on the island of Puerto Rico, full of 3.5 million American citizens, as it continues to recover from the devastation of Hurricane Maria. I also would suggest that anyone clicking these links use a web browser with a translate webpage tool.

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Back to School: Noncitizen Parents in San Francisco Able to Vote in School Board Elections

February 5, 2018

By: Joseph Montgomery

One year ago, San Francisco voters approved a ballot measure that allows noncitizen parents of K-12 schoolchildren to vote in local school board elections.  This measure, known as Proposition N, received 53% of the vote in the November 2016 election.  Specifically, it allows San Franciscan parents, legal guardians, or legally-recognized caregivers to vote for school board members, regardless of their immigration status.  The person must be of legal voting age and not in prison or on parole for a felony conviction.  Proposition N will become effective for the November elections in 2018, 2020, and 2022, and can only be extended after that through an ordinance by the San Francisco Board of Supervisors.

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Abortion and the Constitution – Voter Rights in Tennessee

February 2, 2018

By: Caroline Drinnon

In November 2014, Tennesseans voted, through a referendum, on a proposed Constitutional amendment known as Amendment 1. The campaign was one of the most publicized and most expensive in the state’s history. The amendment passed with 53% of the vote. It reads “[n]othing in this Constitution secures or protects a right to abortion or requires the funding of an abortion,” effectively giving state legislators unchecked power to ban abortion as far as the U.S. Supreme Court allows. Since its enactment, the Tennessee legislature has passed bills that ban abortion after 20-weeks of pregnancy and require a 48-hour waiting period before an abortion can be performed.

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NV: Automatic Voter Registration Place on the Ballot Following the Governor’s Veto

January 31, 2018

By: Charles Truxillo

On March 21, 2017, Nevada Governor Brian Sandoval vetoed the state’s effort to establish an automatic voter registration system through the Nevada Department of Motor Vehicles. If enacted, the the DMV’s voter registration would convert to a compulsory system rather than its current volunteer-based model. After a partisan split, the Governor sided with state Republicans and blocked the bill. The Governor’s veto is not final, as the initiative will now move to a statewide vote in the 2018 election.

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Passing Your Vote Through Security:  The Rise of Risk Limiting Audits in Rhode Island 

January 29, 2018

By: Eric Lynch

In the 2016 election’s aftermath, United States intelligence agencies speculated that the Russian government hacked various government entities and the major political parties in order to influence the election’s results. It was recently confirmed that twenty-one  states were subject to that foreign attack. Experts cautioned states to take responsive measures since many states take little to no precaution at all.  

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