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State of Elections

A student-run blog from the Election Law Society

Virginia’s Faulty Voting Machines in the 2014 Midterm Elections

November 7, 2014

By Jonathan Gonzalez

The 2014 midterm elections on November 4th culminated in major victories for the Republican Party, which succeeded in wresting control of the United States Senate from the Democrats by slim margins. Among the Republican Party Senate hopefuls, Ed Gillespie made waves in Virginia on election night, and came within a percentage point of ousting popular Democratic incumbent, Mark Warner. Warner, a former governor of Virginia, came about 16,000 votes shy of suffering a major upset. (more…)

Apple, Android, and Another Way to Register

November 7, 2014

By Mark Listes

Indiana has turned to the app store to increase its voter turnout in the 2014 election cycle. The Indiana Secretary of State’s office created and released an app in early 2014 called “Indiana Voters.” The app lets Indiana voters “register to vote or confirm their voter registration, find their polling place, look up candidates on their ballot, track their absentee ballot, and contact local elected officials.” Indiana had only 58% of its population turn out to vote in the 2012 election cycle. Indiana’s Secretary of State hopes that the new app will help the other 42% get to the polls. (more…)

Is the Disenfranchisement of 1.5 Million Floridians Justifiable?

November 3, 2014

By Christine Wilson

Early voting in Florida has already begun, but Florida voters are not necessarily enthusiastic about either candidate for Governor. Democratic candidate and former Governor Charlie Crist switched political parties and many Floridians distrust him because of his switch. Voters are also not very fond of Governor Rick Scott because of his stance on various issues. According to six out of ten voters, the phrase “honest and ethical” describes neither Governor Scott nor Crist. (more…)

New Voting Measures in Illinois: Expansion of the Franchise or Partisan Power-Grab?

November 3, 2014

By Carl Zielinski

While states like Ohio have successfully restricted early voting access, in the past three months Illinois has significantly eased the process of both registering to vote and casting ballots. In late June, the largely Democratic Illinois state legislature pushed through a bill that expands early voting days and hours, allows early voting without photo ID, establishes same-day registration, allows voters to register online, and eases the eligibility of college students to vote in statewide elections. The newly implemented early voting period now starts fifteen days before any primary or general election and ends two days before Election Day. The lack of a photo ID requirement stands in stark contrast to voter ID laws like those recently implemented in states like Texas and Wisconsin. (more…)

Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

November 3, 2014

By Tom Lukish

Lukish Post 1From its western banks along the Bering Strait to its eastern border with the Yukon Territory, Alaska encompasses a large terrain colloquially known as “The Last Frontier.”  A home for some 735,000, and a vacation destination for many more, America’s northernmost state perhaps likely comprises the only world several Yup’ik- and Gwich’in-speaking villagers have ever known.  Indeed, many in Alaska’s southwest region, “still depend upon subsistence fishing, hunting and gathering for food.”  For them, and for advocates nationwide of a more expansive Voting Rights Act (VRA), there is tremendous hope for the future.  3,770 miles from the pertinent jurisdiction in last year’s Shelby County v. Holder and nearly fifty years after the initial passing of the VRA, Alaska Natives present a new sort of story.

In certain parts of Alaska, such as those which encompass the Wade Hampton Census Area, American Indians and Alaska Natives amount to approximately 92% of the total population.  Perhaps realizing the cultural influence such individuals maintain, organizations like the Native American Rights Fund (NARF) have made efforts to assist natives as they seek increased political efficacy in the Land of the Midnight Sun. (more…)

California’s Law Against Fraudulent Accusations of Voter Ineligibility: Valuable Protection or Unnecessary Remedy?

October 30, 2014

By Geoff Tucker

When it comes to voter protection, California has a unique law in place: California Election Code § 18543(a) provides that, without probable cause, it is a felony to attempt to prevent people from voting by insinuating that they are ineligible to vote. While this type of law has also been considered by Ohio, California remains the only state with this type of voter protection. The question, however, is whether such a law is necessary or practically useful. (more…)

Welcome to the Jungle: Senate Majority May Come Down to Louisiana

October 28, 2014

By Staff Writer

Pundits have framed this year’s election cycle as having the potential to shift control of the United States Senate from Democrats to Republicans—and given the sheer number of close races across the country, nearly every seat in serious contention has the makings of being the deciding race. Due to Louisiana’s unusual election laws, however, the chattering class might not know which way the pendulum will swing until long after Election Day on November 4th. (more…)

William & Mary Law’s Winning Map May Prove Useful as Virginia Legislators Head Back to the Drawing Board

October 27, 2014

By Staff Writer

W&MLaw-Congress map (1)Back in 2011, a team of William & Mary Law students won first place in the Governor/Commission Division for the U.S. Congressional Map category in the Virginia Redistricting Competition. The project may have started merely as an experiment to see whether students might be able to create useful maps using new redistricting software and real data on Virginia voters. But now that a federal court has declared Virginia’s 3rd Congressional District unconstitutional, the map designed by William & Mary students has taken on a whole new level of importance in the drawing of fair and just Congressional districts in Virginia. (more…)

A Balancing Act: Maryland’s Online Ballot Marking Tool – An Improvement for Disabled Voters or a Threat to Election Integrity?

October 26, 2014

By Caitlin Whalan

On Election Day, a voter arrives at her designated polling place, the elementary school located a few miles from her home. Her husband helps her from the car and escorts her in, where there are lines of people anxiously waiting to cast their vote. Upon her arrival, she requests a voting machine with non-visual access. After waiting an hour and a half, a voting machine with non-visual access is finally available, and it is now her turn to vote. She slowly makes her way to the voting machine, using her cane to guide her. Once she is in front of the voting machine, the audio prompts begin, but the words get lost in the background noise, ricocheting from the bare gymnasium floor. She strains to hear the audio prompts emanating from the voting machine. She calls out for a poll worker to help replay the audio prompts. The poll worker comes over to her, but the poll worker is not well trained in accessibility features of the voting machine. After a few tries, he is able to replay the audio prompts, but cannot make them any louder. This time, she concentrates harder, trying to grasp every word of the audio prompt. Still, the noises of gymnasium roar like a freight train in the background. After another strained attempt, she finally completes her ballot, but leaves the gymnasium frustrated and unsure if she cast her vote the way she intended. (more…)

Florida’s Lukewarm Remedy for Chilly Early Voting Policies

October 24, 2014

By Nick Raffaele

While Florida’s relationship with early voting is still relatively new, the honeymoon may already be over. But to understand the hot and cold affair, it is helpful to look back on the couple’s history. Former Governor Jeb Bush first signed early voting into Florida law in 2004, providing early voting fifteen days before an election, eight hours per weekday and eight hours per weekend. Only a short year later, Bush and a Republican legislature cooled on the partnership, dropping the last Monday of early voting before a Tuesday election. The relations heated up again when former Governor Charlie Crist signed an executive order mandating that early voting be extended in response to overwhelming voter turnout for the 2008 Presidential election. Under the leadership of Governor Rick Scott, Florida again turned its back on early voting in 2011 by passing a controversial law that reduced early voting to eight days before an election for a minimum of six hours and a maximum of twelve hours per day. (more…)