How reliable are Virginia’s voting machines?
October 24, 2016
By: Venu Katta
It may be tempting to think that the United States, the land of smartphones and supercomputers, would have commensurate levels of technology when it came to voting. Dispelling this, sadly, does not require us to look very far. Meet the WINVote touchscreen voting machine.
Created and implemented in the early-2000s (and without any form of update since 2004), the WINVote machine is essentially a glorified laptop running Windows XP that also features a touch display. Its USB ports are physically unprotected, the wireless encryption key is set to “a-b-c-d-e,” the administrator password to access the machine (which is unchangeable) is “admin,” and there exists no auditable paper trail after an individual has voted. Oh, and it’s prone to crash. A lot. All of these, among other concerns, combined to lead security experts to term it “the worst voting machine in the U.S.”
William & Mary Adjunct Professor Jack Young Quoted in USA Today
October 22, 2016
William & Mary Adjunct Professor Jack Young quoted in USA Today on Bush v. Gore comparison to 2016 race. To read the article, click here.
Iowa’s Redistricting Reform “Miracle”: Do the Outcomes Live Up to the Hype?
October 21, 2016
By: Benjamin Williams
When average Americans think of Iowa, they likely picture pastoral scenes apropos for a Norman Rockwell painting. What they may not realize is that sleepy Iowa is an election law trailblazer, with what some consider to be the most ambitions—and most successful—redistricting reform law on the books in the United States today. Iowa’s reform charges the state’s nonpartisan Legislative Services Agency (LSA) with redrawing the maps in the State after each census. The LSA looks to traditional redistricting criteria like compactness and contiguity, but it is also banned from looking at several categories of so-called “political data,” including (1) voter registration statistics, (2) election results, and (3) the addresses of incumbent legislators. The legislature then receives the maps and has the right to approve or reject them via an up-or-down vote. Since the reapportionment following the 1980 Census, no LSA plan has ever reached a third vote in either the state House or Senate. The races in these politics-blind districts create competition, with the Boston Globe describing them as some of the “country’s hardest fought races.”
Election Law Program Pilots Three Online Platforms of State Election Codes in Colorado, Florida and Virginia
October 19, 2016
Wondering what the Virginia election code has to say about campaign volunteers and others at the polls? Want context on statutes that govern when voter registration ends in Florida? Curious about how Colorado election statutes impact voter registration lists?
In advance of next month’s election, the Election Law Program, a joint project of William & Mary Law School and the National Center for State Courts, is piloting three online platforms of state election codes in Colorado, Florida and Virginia. Teams of election experts have annotated their state’s election code to give context for how the law operates in these states. In addition, case law, regulations, advisory opinions, and administrative guidance are linked to relevant statutes to provide a full picture of how election codes in Colorado, Florida, and Virginia function.
WY: Proposal Allows County Residents to Vote in City Elections
October 19, 2016
By: Gordon Dobbs
In many states, people who live just outside of a city’s borders and who are affected by the city’s laws are nevertheless forbidden from voting in the city’s elections. The Supreme Court considered whether this practice is constitutional in 1978 in the case of Holt Civic Club v. City of Tuscaloosa. In Holt, the Court held that extraterritorial jurisdiction (ETJ) statutes that extend municipal police, sanitary, business, and other similar regulatory powers over those living outside municipal boundaries are indeed constitutional, even when those residents cannot vote in municipal elections. The Court held that those who lived outside of Tuscaloosa’s borders had no constitutional right to vote in Tuscaloosa elections, and that it was reasonable for the city of Tuscaloosa to extend certain services to those residents and require them to pay fees to fund those services. This form of ETJ has its roots in post-World War II development booms on the fringes of urban areas in the United States. Some states have been fairly aggressive in their implementation of ETJ: Texas, for instance, allows cities of over 100,000 to extend their ETJ for five miles outside of the city’s boundaries, and cities have used this power to regulate everything from lot size to fireworks use in the county.
The Big Apple and Big Money: Matching Public Funds in New York City
October 17, 2016
By: Caiti Anderson
It seems that New York politicians can’t catch a break – or they just can’t stop getting caught for their indiscretions. Celia Dosamantes, a 25-year-old rising star in Queens, learned this the hard way. Arrested on September 7, 2016, Ms. Dosamantes allegedly forged campaign donations to receive the 6-for-1 matching funds during her failed 2015 run for City Council. While other news organization will surely cover Ms. Dosamantes scandalous trial, New York City’s unique and progressive campaign finance laws stand at the center of this story, and deserve recognition.
The ACRU Targets a Third Texas District for Allegedly Registering More Voters Than Eligible
October 14, 2016
By Justin D. Davenport
On March 4, 2016, the American Civil Rights Union (ACRU) filed suit in the U.S. District Court for the Southern District of Texas, McAllen Division, alleging that Starr County had violated § 8 of the National Voter Registration Act (NVRA). The ACRU argues that Starr County “failed to make reasonable efforts to conduct voter list maintenance programs” and, therefore, the county has failed to meet its obligations under § 8. Starr County is the third Texas county whose voter rolls the ACRU has challenged for allegedly listing more registered voters in the district than citizens eligible to vote.
Connecticut Becomes Fifth State to Make Automatic Voter Registration Change
October 12, 2016
By: Cristina DeBiase
In recent years, states have passed laws making it harder to vote through restrictive provisions, such as requiring photo ID, limiting early voting, eliminating same-day registration, or all of the above. Since the 2010 midterm elections alone, nearly half of the states have placed additional restrictions upon voting. Looking forward to November 8, 14 states have new laws that will curtail voting rights for the first time in a presidential election.
Strike Three, You’re In? The Two-Party (And Sometimes Three-Party) Election Registrar System in Connecticut
October 10, 2016
By: Jake Albert
Elections are political. In every election voters choose among candidates who are associated with one party or another, with two major parties dominating the landscape in this country. Choosing a member from one of these parties involves countless hours of campaigning and millions of dollars nationwide, all to advance one’s own, or often one’s party’s, agenda while in office. This can often lead to gridlock when partisan political agendas collide. But what happens when the very people who run the actual elections are also part of this partisan political system?
4th Circuit Court of Appeals Hears Virginia Voter ID Challenge
October 6, 2016
By: Kelsey Dolin
On September 22nd, the 4th Circuit Court of Appeals heard oral arguments in the second round of Virginia Democrats’ challenge of the State’s voter ID law. The appellants contend that the law unfairly burdens minorities and young people’s ability to vote because these groups are less likely to possess the requisite photo ID. The District Court previously upheld the law.