California’s Continuing Complicated Relationship with Direct Democracy
February 10, 2015
By: Aaron Colby
This year, like other states, California worked to complete another midterm election season. Also like other states, this means that candidates participated in major fundraising and spending efforts, to increase their chances of a favorable election result. However, unlike many other states, a great deal of these campaign contributions are going not to a particular candidate, but rather to a specific cause: support of or opposition to a particular ballot initiative. California law requires supporters and opponents of ballot initiatives to form a committee, to which donations are made, and to disclose the amount of the donations they receive. (more…)
William & Mary Law School to Host 9th Annual Election Law Symposium
February 5, 2015
By The William & Mary Election Law Society
WILLIAMSBURG, VA – The Election Law Society and the Election Law Program at William & Mary Law School announce the Ninth Annual Election Law Symposium, which will take place on Thursday, February 26. Featuring prominent election attorneys, voting rights advocates, and a former Texas Solicitor General, the symposium addresses the topic “Pre-election Litigation: Judicial Influence Before Election Day” and evaluates the current state of pre-election litigation and the challenges courts face when hearing election litigation prior to an election. (more…)
The Voter ID Law that No One is Talking About: Why Voting Rights Activists Should Take Notice of Tennessee
February 3, 2015
By Staff Writer
With the Supreme Court recently issuing a flurry of orders and stays on the implementation of certain states’ voter ID laws—allowing some to be in effect for the 2014 midterms, but blocking another—there has been no shortage of attention on voting rights developments. While states, such as Texas and North Carolina, are often criticized for having some of the strictest voter ID laws in the country, little scrutiny has been placed on another state’s voter ID requirement that is arguably just as burdensome and theoretically more primed for a constitutional challenge: Tennessee. (more…)
Voting Before Election Day
February 1, 2015
By Jonathan Gonzalez
William & Mary Election Law Society students Carrie Mattingly, class of 2017, and Shana Oppenheim, class of 2016, in conjunction with the League of Women Voters of Virginia Education Fund, released a report in January on the benefits and challenges of implementing early voting in Virginia. The paper analyzes the current state of Virginia’s electoral infrastructure and makes recommendations based on the success of early voting in other states. Early voting in Virginia could alleviate congestion at polling places on election day, increase turnout, and trim the state’s budget while providing a convenience for all Virginians. The report is featured on electionlineWeekly http://www.electionline.org/index.php/electionline-weekly?showall=&start=2 and the full text can be found at http://www.lwv-va.org/files/pavp_2015_22_01_earlyvoting_williamandmary.pdf
New York’s Battle with Campaign Finance Reform
January 29, 2015
By Fahad Naheem
New York stands on the frontlines of one of the most contested election law issues that faces our country today. In his State of the State Address, Governor Andrew Cuomo said that New York must take affirmative steps to fix campaign finance rules to address the “epidemic of corruption in the legislature.” Governor Cuomo worries that the public is rapidly losing trust in the political system because election laws are slanted in favor of the rich and the wealthy. The New York Legislature is viewed as one of the most corrupt, dysfunctional, and broken legislative bodies in the country as detailed in a report by the Brennan Center for Justice. According to the report, New York has tried several initiatives to fix the structure and functioning of the legislature but to no avail. That is why Governor Cuomo’s call for campaign finance reform is both crucial and necessary to ameliorate the current the negative public perception. Governor Cuomo firmly states that without any trust in the political process, the public will not work with the government and vote for tax reform, public school renovations, and other important matters. (more…)
Exercise of Democracy or Destruction of Impartiality: Election of Judges in Ohio
January 28, 2015
By Chris Keslar:
States select their judges in a couple different ways, but in thirty-nine states most or all judges are elected. Supporters of competitive elections for judges say that it is “the most democratic way to make judges accountable to the public.” Ohio is one such state, through constitutional mandate, to hold elections for judges. But do we really want courts to be accountable to the public? Or is the integrity of the law and its effective application of greater concern for the judiciary, and if so, is it incompatible with the interest of public accountability. (more…)
Pennsylvania Ballot Access Cost to Third Parties
January 25, 2015
By Adama Sirleaf
Pennsylvania’s ballot access process is one of the most hotly-contested in the country. On July 9, 2014, the Third Circuit Court of Appeals ruled that the Constitution, Green, and Libertarian Parties of Pennsylvania did have standing to bring a claim challenging Pennsylvania’s “method of checking ballot access petitions.” The plaintiffs challenged two provisions of Pennsylvania’s election code, Title 25 §§ 2911(b) and 2937 arguing that combined the two provisions are unconstitutional. The argument stems from the requirement of §2911(b) that minor parties and political organizations must obtain a certain number of signatures to get on the ballot. However, under §2937 if those signatures are successfully challenged the candidates may be held financially liable. Read together, these two provisions arguably act as a barrier for candidates of minor parties and political organizations. The appellate court merely ruled on standing and did not intend to prejudge the merits of the case. (more…)
William & Mary Law Alumna Elizabeth Howard ‘09 Appointed as Deputy Commissioner for the Virginia Department of Elections
January 17, 2015
WILLIAMSBURG, VA – The Law School is honored to report that Governor Terry McAuliffe has appointed 2009 William & Mary Law alumna Elizabeth Howard J.D. ‘09 as Deputy Commissioner for the Virginia Department of Elections in Richmond. Prior to this appointment, Howard worked as General Counsel at Rock the Vote, a non-profit organization dedicated to engaging young people in politics. Before Rock the Vote, Howard worked as a Senior Associate at Sandler Reiff in Washington, DC, where she specialized in election law working tirelessly, for example, on the recount team for Mark Herring for Attorney General and earlier on the recount team for Lynwood Lewis whose state Senate special election decided control of the Virginia State Senate.
As a student at William & Mary Law School, Howard co-founded the Election Law Society in 2006, a thriving student group that organizes numerous events at the law school on politics and election law, including its annual Election Law Symposium. As a professional, Howard remains involved with the Election Law Society and generous mentor to many William & Mary Election Law Society students and recent grads. In 2014, Howard received the Society’s Alumnus of the Year Award for her work in the field and dedication to forwarding the interests of the Election Law Society.
Brian Cannon ’04, J.D. ’11 Named Executive Director of OneVirginia2021 By the Election Law Program
January 16, 2015
William & Mary Law School and College of William & Mary graduate Brian Cannon recently was named executive director of OneVirginia2021: Virginians for Fair Redistricting<http://
While an undergraduate at the College, Cannon co-founded the student voting advocacy group Virginia 21, the first political action committee run solely by students, and has since served on the group’s board. Prior to joining OneVirginia2021, he served as director of business development at The Fahrenheit Group.
In a press release announcing his appointment, Cannon expressed enthusiasm for OneVirginia2021’s mission. “Fixing our broken redistricting process is the most important thing we can do for the health of Virginia’s democracy,” he said. “The momentum for reform is building and the time is right to do it now. I am excited to have the opportunity to lead the broad-based movement that is OneVirginia2021 and help make this happen. My experiences in nonpartisan issue advocacy with the addition of my legal background and experience in election law give me confidence that we can do this.”
A “Nice Sunny Day With No Snow” and the Growing Influence of Alaska Natives
January 14, 2015
By Thomas J. Lukish
Late September featured more than a mere drop in temperatures for Alaska residents, as U.S. District Court Judge Sharon Gleason issued an interim order that would shake the state’s electoral landscape. (more…)