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State of Elections

A student-run blog from the Election Law Society

All states (IRV): The courts got it right: recognizing that instant runoff voting makes every vote count

October 31, 2011

by: Guest Contributor Elise Helgesen


This November, Instant Runoff Voting (IRV), also called ranked choice voting, will be used for fiercely contested elections for mayor in San Francisco (CA), Portland (ME), and Telluride (CO) as well as for city council elections in St. Paul (MN) and Takoma Park (MD). IRV is also used abroad: Ireland will elect its president with IRV this month, and London will use IRV for mayoral elections in 2012. As recommended by Robert’s Rules of Order, more than 50 American colleges and universities now elect their student leaders with IRV.

With IRV, voters get one vote and one ballot, but get to rank candidates in order of preference. If no candidate wins with a first-choice majority, the candidate with the fewest votes is eliminated and their supporters’ second choices are added to the totals of the remaining candidates in an “instant runoff.” The process of elimination and redistribution continues until one candidate has a majority. (more…)

SC (voter id): “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.”

October 28, 2011

by Sheila Dugan

On May 11, 2011, the South Carolina General Assembly passed Act R54.  The new law would require individuals to present photo identification to vote. Governor Nikki Haley signed the bill a week later. The Department of Justice has yet to pre-clear the new law, stating that it needs proof from South Carolina that Act R54 would not disenfranchise voters. Valid forms of identification include a South Carolina driver’s license, a passport, military identification, a voter registration card with a photograph, or another form of photographic identification from the Department of Motor Vehicles (DMV).

Chris Whitmire, Director of Public Relations and Training at the South Carolina State Election Commission (SCSEC), spoke to me about the preparations taking place if the law is pre-cleared. These preparations include training county election officials, notifying registered voters without proper identification through direct mail, and a social media campaign about the new law. The General Assembly allocated $535,000 to the SCSEC for the voter education campaign and the creation of new voter registration cards that contain a photograph of the voter.

Registered voters would be able to obtain the new voter registration cards with the same documents they now use to register to vote (these include a photo ID or documents like a utility bill or pay stub with their address printed on it.) This makes the new identification easier to obtain than other government-issued forms of identification.  Another unique feature of the new card is that it will not expire. (more…)

NY (redistricting): New York on the clock to redistrict

October 27, 2011

by Alex Custin

New York faces a few interesting challenges in this round of redistricting. First, a law passed last year now requires inmates to be counted in the district they’re from rather than where they’re imprisoned. Second, New York is losing two congressional districts. Third, the governor has threatened to veto any redistricting plan that’s a political gerrymander. Finally, the requirement that military absentee ballots be sent out 45 days before the election means that New York has to hold its primaries earlier than usual, and the district lines have to be determined before then. The combination of these challenges means that New York has to redraw more district lines than it otherwise would and that it has to get its act together soon in order to have a plan in time.

The first challenge will affect both districts where prisons are located and districts from which the inmates came. Since population is the usual number used in order to draw district lines, districts with prisons will have to increase in size to remain equally populated and the districts that produce large numbers of inmates will have to shrink. (more…)

WI (voter id): Badger ballot blues: early issues with Wisconsin’s voter ID law

October 26, 2011

by Chris Lewis

Could Wisconsin soon be the center of another political controversy?  A test run of the state’s new voter identification law on Oct. 11 led to long lines and frustrated voters, which could cause state Democrats to amplify their attacks on a law they already claim is costly and intended only to suppress voter turnout. State Republicans have expressed strong support for the law since its passage in May, and have expressed no desire to make any changes before it takes full effect before February’s primary elections.

Madison City Clerk Maribeth Witzel-Behl called for the mock election after noticing irregularities during July’s State Senate recall elections. Poll workers in those elections were instructed to request voters’ identification even though it was not yet required.  Witzel-Behl indicated that the workers were inconsistently following this instruction.  Following Tuesday’s mock election, Witzel-Behl estimated that it took each voter two minutes to present identification and sign the poll book, a standard she found “very alarming.” She also noted that several people left the line due to the long wait. (more…)

Law students to run William and Mary VOTEline

October 25, 2011

Press Release by the William & Mary Election Law Society | October 25, 2011

Students at William & Mary Law School are set to run the W&M VOTEline, a voter assistance hotline aimed at responding to questions local citizens have about voting. This non-partisan voter assistance hotline will be operated by student members of the school’s Election Law Society and other volunteers.

“Voting is an important civic duty,” Election Law Society President Anisa Somani ’13 said. “We want to ensure that all voters – young and old – who are properly registered to vote can do so. We will be manning the VOTEline phones on Election Day, Tuesday November 8th, to answer any questions that might arise as voters arrive at a polling place to cast their vote.”
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FL (primaries): Florida’s James Dean moment

October 24, 2011

by Joe Figueroa

In his magnum opus role as Jim Stark in Rebel Without a Cause, James Dean portrays a frustrated teenager who is fed up with his bickering parents and causes all sorts of commotion by acting out against all sorts of authority figures.

James Dean in Rebel Without a Cause

The Sunshine State can relate.

The G.O.P. establishment has quickly portrayed Florida as the disobedient child after its Legislature decided to move the Presidential Primary date up to January 31st, throwing off the party’s planned schedule and forcing the big four primary states at the beginning of the cycle-Iowa, New Hampshire, Nevada, and South Carolina to move their primaries and caucuses into January as well.

With this move, Florida is flying in the face of a parental grounding of sorts.  The Republican National Committee has promised to strip the state of half of its delegates at the National Convention next summer (being held in-you guessed it-Tampa), as well as threaten to move the delegation to the back of the Convention Center and away from the cameras.

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All States (motor-voter): The voting poor

October 20, 2011

by Patrick Genova

Initiatives aimed at registering poor Americans to vote is un-American, or at least that is the conjecture Matthew Vadum made early last month in a controversial article published by American Thinker. Vadum, the author of Subversion, Inc. and Senior Editor for the non-profit watchdog group Capital Research Center, argues that leftist groups are trying to use the poor as a “battering ram” to advance redistributionist policies. The poor masses, Vadum suggests, are the tools with which Obama and like-minded organizations plan to drag America further from small government ideals. Vadum essentially asserts that voter registration is infringing on his American Dream.

The progressive radio host Thom Hartmann went toe-to-toe with Vadum shortly after the article was released. On the Thom Hartmann Program Vadum defended the views he put forward in the article arguing that, given the chance, welfare recipients would vote for their own interests. Hartmann, expressing concern for the one in seven Americans below the poverty line, argued that everyone, not just the poor, votes for their own interests. Vadum had no substantive response to Hartmann’s prodding.

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Students’ Voting Rights – Keeping Madison’s Dream Alive?

October 19, 2011

New Hampshire’s House Speaker, William O’Brien (R-Hillsborough 4), made a name for himself in cyberspace and among voting rights advocates earlier this year when he openly voiced that students in New Hampshire should not be able to vote in-state unless they had established permanent residency in their college towns. O’Brien also vocally supported a recent bill to limit students’ franchise by prohibiting election-day voter registration, a device many students rely upon in New Hampshire to be able to participate in New Hampshire elections. While attempting to justify the proposed bills, H.B. 176 and H.B. 223  respectively, by citing the importance of eliminating voter fraud, his statements were significantly undermined when he also alleged (in a video posted on YouTube) that students in New Hampshire are foolish and merely “vote their feelings.” O’Brien further secured his poor reputation (and the Bills’ fates) by declaring that college students on Election Day cancel out the votes of other, more invested voters, relying on a “dearth of experience and a plethora of the easy self-confidence that only ignorance and inexperience can produce.”

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Portland’s Instant-Runoff Mayoral Election: Innovative Voting, Constitutional Questions

October 17, 2011

by Ryan Shallard

On November 8, 2011, Portland, Maine residents will vote for mayor for the first time in nearly a century. For the past 88 years, Portland’s city councilors annually appointed the mayor. However, last year Portland residents voted to popularly elect the mayor. The impetus behind the change is the hope that an elected mayor will carry more political clout in Augusta, the State Capitol. This sudden creation of a very powerful political figure is drawing lots of attention from academics assessing the potential political impacts.

However, the election changes more than just Maine’s political balance and who chooses the mayor. It also establishes a controversial voting procedure for how the mayor is chosen. The 2011 mayor race will use instant-runoff voting (IRV), which encompasses voters’ preferential choices. Here’s how IRV works: each voter votes for as many candidates as he wants, ranking them from his first to last preference. The instant runoff ballot might look like this. Once the votes are collected, voters’ first choices are tallied. If any candidate carries more than 50% of the vote, then that candidate wins. However, given that there are 16 candidates in Portland’s mayoral race, it is extremely unlikely that one candidate will carry the necessary 50% of the vote. If no candidate has more than 50% of the vote, then the candidate receiving the lowest number of first place votes is eliminated, and his votes are redistributed to the candidates his voters ranked as their second choice. This process is repeated from the bottom up until one candidate carries the necessary majority.

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Maryland & Indiana: A robocall showdown

October 15, 2011

How different states are handling political robocall controversies.

by Ashley Ward

What thought comes to mind upon hearing the word “Robocall”? For most, the thought conjures ideas of annoying telemarketing. However, for Democrats in the Baltimore and Prince George’s Counties, robocalls received on the 2010 election night added new thoughts to the definition: voter confusion and suppression. Before the polls closed for the 2010 Gubernatorial Race, residents received a call from an unnamed woman who said: “I’m calling to let everyone know that Governor O’Malley and President Obama have been successful. Our goals have been met…The only thing left is to watch it on TV tonight. Congratulations and thank you.” Listen Here

The message seemed to imply that the Democratic candidate had already won the election and therefore the residents’ vote would be excessive and not needed. This implication was ill-gotten because there was no way to know at that time which candidate won. Many confused and upset residents contacted Gov. O’ Malley’s campaign center to complain.  Further investigation proved that the governor and his team had nothing to do with the calls. In fact, investigators determined that the members of the Republican candidate, former Gov. Eurlich’s team were responsible for the calls that have been considered by many to be a tactic to discourage the African American vote.
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