Sending out an SOS: The National Association of Secretaries of State Summer Conference
September 14, 2011
The National Association of Secretaries of State (NASS) held its annual summer conference in Daniels, WV from July 10-13 this past summer. Much of the conference was geared toward preparation for the 2012 Election cycle. A number of prominent speakers, including a number of state secretaries of state, “federal officials, private sector representatives, voter advocacy organizations and leading academics” voiced their views.
Sec. Kris Kobach, the controversial Secretary of State of Kansas who has become a lightning rod of criticism and praise over the past summer for his efforts in leading the charge against alleged voter fraud (see a 2009 Times profile about then-candidate Kobach here), discussed his state’s Secure and Fair Elections Act as part of his presentation on citizenship requirements for voter registration. He noted that his state’s law was drafted to “withstand judicial scrutiny” taking into account challenges to a similar law passed in Arizona (which Kobach also had a hand in drafting). Secretary Kobach defended laws like this, saying “we all want security in the knowledge that an election was fair… [a]nd that the winner of the election was the person who really won the race”.
Host Secretary Nathalie Tennant also spoke about elections, focusing on the use of technology in communicating with voters. She stressed the importance of using social media outlets such as Facebook, Twitter, and Skype to make sure voters know valuable information about upcoming elections. The use of such media might help to increase voter participation, she reasoned, as they are the “type of tools people are using to communicate.” Tennant’s office recently launched a campaign to educate and inform voters of West Virginia’s upcoming special election for Governor and the necessary steps to register and vote. The media campaign coincides with the beginning of the NCAA football season and compares the two activities (voting and football, that is), calling both “American traditions.” (more…)
State of Elections Goes on Summer Break!
May 1, 2011
State of Elections is taking a hiatus for the summer. We trust that all new election law cases, legislation, and events will also be going on hiatus as well.
We’ll return in Fall 2011, with new interviews and articles covering any election law events that may have had the audacity to occur during our vacation.
Alabama GOP Offers Teacher’s Union Political Rotten Apple
April 18, 2011
Alabama Republicans are back from the legislative wilderness after 136 years, and now it’s time for Dems to finally get their comeuppance—or is it simply ethics and campaign finance reform? Soon Republican Governor Bob Riley will likely sign into law several pieces of ethics reform legislation that his Republican-controlled legislature passed in last week’s special session. Senate Bill 2 amends Section 17-17-5 of Alabama Code to proscribe state employees from contributing to a political action committee or paying membership dues to any organization that uses any portion of its dues for political activity by payroll deduction or other payment.
To the chagrin of Alabama Democrats, SB 2 would disproportionately hurt public employee organizations and the Alabama Education Association, Alabama’s largest and most influential teacher’s union. According to figures from Bloomberg News, payroll deductions are a primary means for over 90 percent of Alabama teachers who wish to pay dues and support the AEA’s PAC. In the 2010 elections, AEA members’ contributions in excess of $8.6 million catapulted the teacher’s lobbying group as the state’s top spender. While SB 2 would still permit state employees to continue to use payroll deduction for any portion of membership dues not used for political activity, its certainly erects a new hurdle for AEA’s political fundraising efforts. Any Alabama Democrat mulling over a legal challenge would be wise to read the Supreme Court tealeaves by examining their decision in Ysursa v. Pocatello Education Association. In Ysursa, SCOTUS reversed the Ninth Circuit Court of Appeals by upholding Idaho legislation similar to that of SB 2 that prohibited state payroll deductions for political activities.
While acknowledging the constitutional implications of the restriction, the Court ultimately recognized no affirmative right for groups to use state payroll deductions to sustain political speech or expression. In further justifying their decision, Chief Justice Roberts wrote “. . . Idaho is under no obligation to aid the unions in their political activities. And the State’s decision not to do so is not an abridgement of the unions’ speech; they are free to engage in such speech as they see fit. They simply are barred from enlisting the State in support of that endeavor.”
Furthermore, the Court cited Idaho’s interest in avoiding any appearance of combining government business and political activity. Pointing to precedent that upheld speech limitations to “avoi[d] the appearance of political favoritism,” and cases that found public confidence in government is susceptible to undermining through perception of political partiality, C.J. Roberts asserted “banning payroll deductions for political speech . . . furthers the government’s interest in distinguishing between internal governmental operations and private speech.”
Given Ysursa, any challenge by SB 2 opponents will likely be answered that the AEA has no affirmative right to gain access to potential political donors through government payroll operations. AEA donors may now easily write a personal check and even request payroll deductions for membership dues that will not go towards political activity. Questions of political motivations aside, it appears that the AEA and other Alabama organizations like it must recalibrate their operations in the face of increasing Republican capital and an ominous parallel decision from the Roberts Court.
Gregory Proseus is a second-year student at William & Mary Law School.
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W&M Submitted Congressional Map Being Considered by Virginia Assembly!
April 14, 2011
Senator John Miller of the Virginia Assembly introduced the William & Mary Law School Team’s winning Congressional Map as Senate Bill 5003. The team was asked to attend the Privileges & Elections Committee hearing yesterday where Senator Miller introduced the bill. Two team members, Nick Mueller and Meredith McCoy, attended the hearing to represent the WM Law Team. They were asked to speak about the map and then they fielded questions. They were lauded for the map’s concentric circle design. While the VA Senate may not adopt the map wholesale, it is now an official alternative, which is a big accomplishment for the team.
You can view the WM Law Team’s map and other proposals here. To find the Team’s map, select Congressional from the drop down box under “District Type” and then check the box next to SB5003. The VA Assembly is scheduled to come back on April 25 to adopt new Congressional redistricting lines.
The Runoff Debate Intensifies in Rhode Island Following Governor’s Race
April 13, 2011
Lincoln Chafee, a former United States Senator, emerged as the winner of this year’s Rhode Island gubernatorial race. Chafee received only 36% of the vote in a close election that featured three viable candidates. Additionally, a fourth candidate finished with 6.5% of the vote, which represents about twice the amount of Chafee’s margin of victory. Few can argue that Governor-elect Chaffee lacks the experience necessary to govern, but the real question in Rhode Island is whether a candidate who receives less than 40% of the vote should be deemed the winner of a statewide election. Some states’ laws require an additional runoff election that whittles down the number of candidates when no one candidate receives a majority. Many Rhode Islanders, including term-limited outgoing Governor Donald Carcieri, called for the institution of a runoff election following this year’s race. (more…)
Interview with Joan Mandle, Executive Director of Democracy Matters
April 12, 2011
Joan Mandle, executive director of Democracy Matters, was kind enough to share with us her thoughts on some of the important issues confronting the American election process at this time. Democracy Matters is a national nonpartisan organization dedicated to getting private money out of elections. It is the student branch of Common Cause, and in partnership these groups seek to remove the corruptive influence of money in politics, and ensure the accountability of elected officials, by establishing a viable system of publicly financed (or “clean”) elections on the state and national levels.
Democracy Matters’ staff and student organizers have been at work since 2001, when NBA player Adonal Foyle founded the organization. Six states and two localities already have clean elections, and Democracy Matters hopes to expand that list in its campaign to deepen democracy. (more…)
Weekly Wrap Up
April 1, 2011
No more automatic restoration of rights: Governor Rick Scott and the Florida Cabinet have recently attempted to change how released felon regain the right to vote. Their proposal, which the NAACP Legal Defense and Educational Fund suggests must get preclearance under Section 5 of the Voting Rights Act, would prevent people who committed non-violent felonies from regaining the right to vote for 5 years and the 5 year clock would restart if that person were arrested during that period, even if no charges are filed. Some have called these requirements a return to Jim Crow-style voting laws.
Campaign finance again in front of the Supreme Court: As mentioned on Tuesday, the U.S. Supreme Court heard oral arguments in McComish v. Bennett on Monday morning. The case is a constitutional challenge to Arizona’s Clean Elections Act, which includes a trigger fund provision for publicly-funded candidates. This is one a several such cases that have been heard in federal courts in the last year; several other challenges have come out of Florida, Connecticut, and most recently Wisconsin in the ongoing judicial elections.
“Fair Districts” Amendments go to the Justice Department: Three months after Governor Rick Scott quietly withdrew the preclearance request for the “Fair Districts” amendments (Amendments 5 and 6 to the Florida constitution), the legislature has renewed the request, after reviewing the amendments and deciding they were the proper body to make the request, as opposed to the governor. This, however, will likely not end the battle over these amendments as a lawsuit to block these amendments is still pending.
California says “We Draw the Lines”, but Who are “We”?
March 31, 2011
In 2008, California voters—doing what they do best—amended their constitution to take away the responsibility of redistricting from the state legislature and give it to a “Citizens Redistricting Commission.” That is, by and large, exactly what it sounds like: a panel of citizens who have applied to do the thankless and mind-numbing job of redistricting California’s many, many state and federal electoral districts (it’s a bit more complicated than that, but I’ll get to the details later). This post focuses on the question of who is getting through the process. In particular, I wonder what effect this process has on diversity, in particular the selection of the most qualified diverse applicants.
Here’s how the application and selection process works: California citizens apply, with some important restrictions. While it is not necessary to get into the nitty-gritty details, those who have served in a paid capacity on a political campaign, held public office, or donated a certain amount of money to a political campaign within a certain amount of years from the date of application are prohibited from serving on the Commission. In addition, applicants must have voted in two of the past three elections. The message: be engaged, but not too engaged. (more…)
The End of Public Financing Trigger Provisions? A Review of McComish v. Bennett
March 30, 2011
The Supreme Court on Monday heard oral argument in a case challenging provisions of Arizona’s public financing law, which it is said burden the free speech rights of opponents who don’t receive the funds. Under the Arizona law, publicly financed candidates receive an initial grant of money with which to conduct their campaign. Then, if an opponent who is not publicly funded spends more than the initial grant, it “triggers” the state to match what the opponent raises up to three times the initial amount. Given the Court’s recent hostility to campaign finance regulations which are said to burden the exercise of political speech, it seems likely that the Court will reverse the Ninth Circuit and strike down at least portions of the matching funds system. This conclusion was reinforced by the questions at oral argument, which seemed to suggest that the Justices will again vote by a 5-4 margin to restrict the ability of the government to regulate campaign finance. This post will briefly review the background of the case and look at how such a decision could effect the twenty-two other states with public financing systems and particularly those with triggering provisions. (more…)
With Great Success Comes Great Responsibility: Virginia Bipartisan Commission Asks W&M Law Students to Assist in Redistricting Process
March 26, 2011
Last week, a team of W&M law students enjoyed tremendous success in Virginia’s Redistricting Competition. Because of their success in the competition, the W&M team has been asked by the Bipartisan Governor’s Commission to assist them in drawing its own maps to submit to the Virginia Assembly. The Commission was so impressed with the W&M team’s maps that they requested at least two students from the team work with them as the Commission draws its own maps to submit to the Assembly. The last Commission meeting is on Wednesday, so it is crunch time for the Commission to come up with a map they believe the Assembly should adopt. W&M law students began assisting the Commission on Thursday and will continue to help until the Commission’s last meeting on Wednesday.
In addition, the W&M Law Redistricting Team has been in the press a lot lately. See below for all of the press coverage. Well done team!
Washington Post: College Students Compete to Redraw Virginia’s Congressional Districts
Virginia Public Radio: Redistricting Competition Maps Do ‘Something That’s Much Different’
Daily Press: College Teams Redraw Political Maps
Williamsburg Yorktown Daily: Two WM Teams Win In Redistricting Competition