Great Symposium…or Greatest Symposium?
March 19, 2010
When future generations study American history, they will need to memorize all the important dates. July 4th 1776, the signing of the Declaration of Independence. June 6th 1944, the D-Day invasion. January 20th 2013, the inauguration of Sarah Palin.
But one date will be remembered more fondly than the rest, and that date is March 18 2010, the date of the Fourth Annual William and Mary Election Law Symposium.
Yes, the Symposium was a resounding success. The turnout was great, our speakers were insightful, and the cheese and wine reception was delicious.
We’ll link to a video of the Symposium as soon as it can be uploaded. Sometime shortly after that, we’ll post a full transcript. Until then, here’s a brief summary of the day’s discussion.
Our three speakers were Trevor Potter, Jessica Amunson, and J. Gerald Hebert. The discussion was moderated by John Hardin Young.
Trever Potter began the Symposium with a discussion of the history of redistricting in America. He pointed out that a mere 50 years ago, nobody would have thought to have a conversation about redistricting. Until 1962, the Supreme Court had ruled that how states arranged their districts (apportionment) was a political question, best left to the other branches of government.
But in Baker v. Carr and Reynolds v. Sims, the Court reversed its position and allowed judicial intervention in apportionment cases. The courts therefore had to establish standards by which the constitutionality of the district could be determined. Most notably, the Supreme Court declared the “one man, one vote” principle, which required that districts be drawn in such a way as to have relatively equal populations, so that no person’s vote “counted more” just because they were in a less populated district.
Gerry Hebert spoke next, about how legislators tackle the problem of redistricting and dividing populations into tidy little districts. Legislators get a great deal of information from the census and other sources, including individual voting histories and racial voting patterns. Since redistricting is so critical to protecting incumbency, legislators will spend hundreds of thousands to hire a professional redistricting team to ensure the creation of districts that will withstand legal challenges.
Finally, Jessica Amunson spoke about redistricting reform and the future of redistricting. She noted that over 41 states had redistricting related litigation last census, and she expects that number to rise in the coming year. Much of that litigation ended with the courts having to redraw the districts, using standards and goals that are often contradictory. For example, the courts have recognized that incumbency protection is valid justification for drawing a district a certain way (as incumbents get more important positions on legislative committees), but courts also recognize the importance of ensuring partisan fairness and competitiveness.
The three speakers then took questions from the audience on a wide variety of census and redistricting related topics.
Then everyone got to enjoy delicious wine.
All in all, everybody had a great time, and we hope that next year’s Symposium will be even better.
Check back next week for a video and full transcript of the Symposium.
Interview with Jessica Amunson, Symposium Panelist and Redistricting Expert
March 17, 2010
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| Jessica Amunson |
On Thursday, William and Mary will be hosting a Symposium entitled “Back to the Drawing Board: The 2010 Census and the Politics of Redistricting“. One of the panelists is Jessica Amunson, associate at the Washington, D.C., based firm Jenner & Block, where she is a member of the Election Law and Redistricting practice. Ms. Amunson agreed to speak with State of Elections regarding redistricting reform.
In your opinion, what is the biggest issue for the 2010 redistricting effort? What issue should states, legislators, and politicians be most attuned to?
The biggest issue is always who is going to control the process. For an idea of what is at stake, take a look at Karl Rove’s piece in the Wall Street Journal on March 4th, in which he describes how the Republican party is targeting certain state legislative seats in an attempt to ensure that Republicans will control the legislatures that will then redraw the lines. According to Rove’s piece, “Republican strategists are focused on 107 seats in 16 states. Winning these seats would give them control of drawing district lines for nearly 190 congressional seats. Six of these states are projected to pick up a total of nine seats, and five are expected to lose a combined six seats.” So right now, the issue that everyone is focused on are the state legislative races this fall. (more…)
Election Law Symposium this Thursday!
March 15, 2010
The William & Mary Election Law Symposium is this Thursday, March 18th. The Symposium is titled “Back to the Drawing Board: The 2010 Census and the Politics of Redistricting” and our expert panel will be discussing various topics related to the upcoming nationwide redistricting efforts.
The panelists include:
– Trevor Potter, John McCain’s General Counsel for the 2000 and 2008 campaigns, founding President and General Counsel of the Campaign Legal Center, and member of the Washington, D.C., based firm Caplin & Drysdale.
– J. Gerald Hebert, Executive Director and Director of Litigation at the Campaign Legal Center, and former adjunct professor at Georgetown University Law Center where he taught courses on voting rights, election law, and campaign finance regulation.
– Jessica Amunson, associate at the Washington, D.C., based firm Jenner & Block where she is a member of the Election Law and Redistricting practice.
The discussion will be moderated by John Hardin Young, noted election lawyer featured in the movie “Recount,” Adjunct Professor at William & Mary Law School, and member of the Advisory Committee to the William & Mary Election Law Program.
Weekly Wrap Up
March 12, 2010
Every week, State of Elections brings you the latest news in state election law.
– The Idaho and Alaska legislatures have introduced bills to streamline the absentee voting process.
– A Mississippi proposal to require voter identification at the polls will appear on the 2011ballot.
– Election Systems and Software, the nation’s largest voting machine provider, has agreed to a settlement in an anti-trust action. ES&S will be required to sell off assets acquired in its recent merger with Premier Election Solutions.
-The Kansas legislature is considering a change to the state constitution that would protect the voting rights of the mentally ill.
– In San Francisco, Supervisor Ross Mirkarimi has proposed an amendment to the county charter that would allow same day voter registration. If passed, the amendment would make San Francisco the first county in California to allow same day registration.
Bye Bye Bayh, Hello Cougar
March 10, 2010
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| John Cougar Mellencamp, shown here considering the ramifications of the estate tax |
Senator Evan Bayh (D) of Indiana announced his retirement from Congress on the eve of the filing deadline in the Hoosier state. In Indiana, Senate candidates are required to submit 500 signatures from each of that state’s districts by the filing deadline in order to appear on the ballot. However, no Democratic candidate was able to accumulate the required signatures in the day between Bayh’s announcement and the filing deadline. Still, Democrats will get to field a candidate. Indiana election law provides “a candidate vacancy for United States Senator or a state office shall be filled by the state committee of the political party.” This announcement leaves the Indiana Democratic Party’s executive committee in control of selecting a candidate to replace the two-term Senator.
Bayh’s retirement may have come as a shock but an even bigger shock could result from the selection of Bayh’s replacement. The current Democratic frontrunner is Congressman Brad Ellsworth, but the blogsophere is abuzz with rumors of a possible celebrity replacement for Bayh. Indiana resident and reality tv star made famous from “The Girls Next Door” Kendra Wilkinson has some grassroots support for the position. Unfortunately for her, and fortunately for the people of Indiana, Ms. Wilkinson is two years shy of the age requirement to become a US Senator.
Another celebrity who could be a more serious contender for the seat is musician John Cougar Mellencamp. The Indiana resident is an ardent champion for social change, and he made frequent forays into the political realm with appearances at campaign events during the 2008 Presidential election. When the John McCain campaign used Mellencamp’s songs “Our Country” and “Pink Houses” at events during that same election cycle, Mellencamp asked them to stop using his song because he supported the Democratic candidates. A look at the lyrics in “Our Country” demonstrates Mellencamp’s support for the poor and the common man. The song advocates:
That poverty could be just another thing
and bigotry would be
Seen only as obscene
And the ones that run this land
Help the poor and common man
This is our country.
Mellancamp is also a founding member of Farm Aid, an organization that raises awareness about the plight of the family farm.
Mellencamp would not be the first unlikely candidate to join the ranks of the Senate. Former Saturday Night Live alumni Al Franken defeated incumbent Republican Norm Coleman during the 2008 Minnesota Senate elections. Mellencamp may lack the resume of Senator Bayh, but do not count him out of the race just yet. He boasts a Facebook group, Draft John Mellencamp for Senate, with more than 5,000 supporters backing his official jump into American politics. Last month, film critic Roger Ebert tweeted, “John Mellencamp (D-Ind.) has a nice ring to it.”
Mellencamp has not issued a release about his intentions to run for Senate but with his growing online support, the Democratic Party of Indiana may want to tune their dials to a Mellencamp nomination.
Martina Mills is a student at William & Mary Law School
Link:https://stateofelecdev.wpengine.com/2010/03/10/bye-bye-bayh-hello-cougar/
California’s Citizens Redistricting Commission: Do it Yourself Gerrymandering!
March 8, 2010
For too long, the joys of disenfranchising minorities and gerrymandering a district into irrelevancy have been selfishly hoarded by state legislatures. But in California, a group of 14 ordinary citizens will get the opportunity to draw the lines themselves, as members of California’s first Citizens Redistricting Commission.
The Citizens Redistricting Commission was created as a result of California’s citizen initiative process. California Common Cause, a nonpartisan organization for “open and accountable government”, proposed an amendment to the California Constitution that would take the task of redistricting out of the hands of the legislature and put it directly in the hands of the people. That proposed amendment became Proposition 11, also known as the Voter First Initiative, and was voted on by the people of California in the 2008 general election. Despite receiving support from a number of prominent figures, including Arnold Schwarzenegger and Michael Bloomberg, Prop 11 barely passed, receiving less than 51% of the vote. (more…)
Weekly Wrap Up
March 5, 2010
Every week, State of Elections brings you the latest news in election law.
– The Indiana Supreme Court heard oral arguments today regarding that state’s 2005 law requiring a photo ID at the polls.
– An Idaho bill to require a photo ID at the polls has passed that state’s House.
– Over 31,000 Californians have applied to be members of that state’s Citizen Redistricting Commission. In 2008, California voted to transfer the responsibility of redistricting from the legislature to a citizen’s committee. This Citizen’s Committee is unique among the states and the upcoming redistricting session will be its first test.
– A Virginia bill that would have created a bipartisan panel to prepare redistricting plans for the legislature has been shot down in a house subcommittee. The bill was proposed by Creigh Deeds, former candidate for Virginia governor, and passed unanimously in the state senate.
– The Justice Department is investigating the merger between voting machine manufacturers Diebold and Election Systems and Software.
Vermont and Citizens United – An Interview with Gubernatorial Candidate Matt Dunne
March 3, 2010
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| Democratic candidate Matt Dunne |
Matt Dunne is a former Vermont State House Representative and State Senator. He served as the Director of the AmeriCorps*VISTA under both the Clinton and Bush administrations. Dunne plans to run for Governor in Vermont this November. On February 15th, he spoke with State of Elections about how Vermont may be affected by the decision in Citizens United.
Vermont, like many other states, may soon see the effects of the Supreme Court decision in Citizens United v. FEC. Currently, the Vermont legislature is looking at a small number of options to deal with the anticipated changes in corporate election spending during in their fall midterm elections. One option Dunne supports is mandatory disclosure of any corporate expenditure related to supporting a candidate. Ideally, Dunne believes this reporting method should be published “instantaneously, real-time or daily.” The federal government also plans to institute strict reporting methods through recently proposed legislation. With the upcoming elections, Dunne believes Vermont faces a similar time crunch. He urges, “We need to codify standards now.” (more…)
Know Campaign Update
March 1, 2010
In January, we brought you a piece about the Know Campaign and the privacy of your voting history. This post is an update on the lawsuit and changes to the statute:
Here’s a quick rundown of the situation: a non-profit wants to increase voter turnout by telling neighbors who voted in which election. Studies show that it would work. Turns out, only candidates and parties can legally get access to that information (the reality is another thing…). Virginia’s State Board of Elections tells the non profit to stop and they do. Then the non-profit sues b/c the voter history list should be open to all or closed to all.
Two weeks ago the lawsuit was dismissed in the Richmond Circuit Court. According to Bill Sizemore of the Pilot, a settlement was reached, though the group promised to re-file the suit if the law wasn’t changed to allow wider access to the information.
But there’s no guarantee that the changes to the statute will include wider access to the list. A legislative subcommittee has recommended that the list be closed to everyone, according to the Times-Dispatch’s Tyler Whitely. A list closed to everyone means that even candidates wouldn’t have access to a voter’s history either.
To legislators who want to save stamps or avoid knocking on the doors of their unpersuadable neighbors – this would be a huge problem. Campaigns already cost plenty, and according to some legislators this would drive up the cost of their races.
On the flip side of candidate convenience is voter privacy. While at first blush this may sound like the fox guarding the hen house, remember there are plenty of privacy advocates in the Virginia legislature who don’t have regular, expensive races to keep their seats.
The legislative session should end soon, so we’ll have an answer about what the elected officials think on this issue. The next move will be the Know Campaign’s.
Brian Cannon is President of the William & Mary Election Law Society
State of Elections Gets a New Look!
March 1, 2010
State of Elections has made a few changes to the appearance of the site. We have a brand new logo, a new search feature in the right column, and a crisper look overall. Our popular “CU and the States” feature has been moved to the top right of the page, under the new logo. It can also be found under the “Pages” category in the left column.
The transition to the new look has been relatively seamless, but if you experience any technical difficulties with the site, please email editor@stateofelections.com.