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State of Elections

A student-run blog from the Election Law Society

Virginia Redistricting Competition

March 23, 2011

The Virginia Redistricting Competition announced its winners yesterday and William and Mary Law School team won the Congressional Governor/Commission division!  W&M Law also took home a second place finish for its state senate map in the Competition division!  W&M Law narratives describing decisions behind the map also received distinction from the judges, saying the W&M Law narratives “set the standard” for the competition.  Go W&M Law!!

We spent many hours staring at maps and working to draw lines that met the criteria of the competition along with what the law requires.  Focusing on compactness, contiguity, communities of interest, and equipopulation, the team’s goal was to draw lines that made logical sense.  The team was open to all students, but we ended up with only one student from Virginia.  This proved to be somewhat of an advantage in the sense of we were not aware of current partisan politics and drew lines without knowing where incumbents lived.  For a second category, the competitiveness factor was added where we attempted to make districts as politically competitive as possible, again not taking incumbency into consideration.

Overall, we achieved what we set out to do – draw maps that make logical sense, relying on redistricting case law.  Congratulations to the entire team!

The full results of the Competition are available here.

Weekly Wrap Up

March 18, 2011

Facebook sued over election results: Majed Moughni,a Michigan Republican who lost in the primary in 2010, is suing Facebook, claiming that he lost the election because his Facebook page was shut down. Moughni claims his page was shut down for criticizing one of his opponent’s views, but a Facebook spokesperson said it was because of suspicious behavior. Moughni had been adding 20-100 friends per day.

Kentucky judge gets 26 years for voter fraud:former federal magistrate judge in Kentucky was sentenced to 26 years in federal prison for heading a conspiracy to control politics in Eastern Kentucky. Prosecutors say that 8,000 people were paid $50 for their vote and 150 votes were stolen from the machines.

Charlie White saga continues: The Indiana Secretary of State’s office lost two staffers this week, as the chief spokesman and the deputy secretary of state both resigned in the wake of the allegations against Charlie White. White, who is charged with seven felony counts including voter fraud, is also being investigated for abuse of power–that he improperly accessed a document shortly after taking office containing evidence against him in the voter fraud indictment.

No Prize for Finishing Second? New Hampshire Law Change Helps Confirm “First-in-the-Nation” Primary

March 16, 2011

As the commentary of political pundits drifts beyond the subject of the 2010 midterm elections, and prospective candidates for the U.S. presidential election of 2012 begin strategizing for their impending campaigns, the legislators of New Hampshire have taken the opportunity to assert one clear priority: New Hampshire comes first!

In early 2010, New Hampshire lawmakers drafted an amendment to state election statutes inserting the following phrase into the chapter of the state code addressing the scheduling of presidential primary elections: “The purpose of this section is to protect the tradition of the New Hampshire first-in-the-nation presidential primary”. Formally known as HB 341, the amendment was signed into law earlier this summer by New Hampshire Governor John Lynch, putting national Democratic and Republican party organizers on notice as they draft their schedules for the forthcoming 2012 primary season. (more…)

Redistricting Bloodbath Brewing in Ohio

March 14, 2011

After the 2010 midterm elections, one thing is certain: Ohio will be dripping red in 2011. Why, you ask? It looks like redistricting is going to be a bloodbath!

On election day,  Republicans won thirteen of Ohio’s eighteen U.S. House seats (taking five from the Democrats), recaptured the governor’s mansion, and took total control of the  General Assembly. While the 2010 election was pretty good to the GOP, the 2010 Census won’t be nearly as kind to Ohio. Preliminary results released by the Census Bureau indicate that Ohio is set to lose two of its House seats, and given the partisan nature of redistricting in Ohio, a lot of politicians are about to be put in awkward positions. (more…)

Weekly Wrap Up

March 4, 2011

Secretary of State indicted for voter fraud: Indiana Secretary of State Charlie White was indicted by a grand jury Thursday on three counts of voter fraud, among seven felony charges. Although the Governor and the former Secretary of State have called for White to step down, he has declined to do so.

Ohio wants to go high-tech: Ohio’s Secretary of State Jon Husted wants to create an online voter registration system, one of several changes advocated for in advance of the 2012 election. The system, which would require a valid driver’s license or state identification card, would also allow voters to update their address online as well, making the process more convenient.

Rutgers professor may have the last word on New Jersey redistricting: After the 10-member committee to redraw the map of New Jersey for state districts failed to meet their Thursday deadline, state Supreme Court Justice Stuart Rabner appointed an 11th tie-breaking member to the committee, Rutgers public policy professor Alan Rosenthal. Rosenthal was appointed after both parties recommended him.

A Vote for [Candidate] is a Vote for Slight Changes to Regulations!

March 2, 2011

The sheer number of elected officials is a unique factor of the American political system. Jobs that would be filled by civil servants or via appointment in other countries are chosen by the voters. There is something appealingly ‘American’ about such an arrangement; the idea that the democratic values of accountability and popular will should be extended to as many corners of our society as possible. That said, some of the things we know about Americans and elections should give us pause when it comes to filling technical and low profile jobs via the ballot.

It’s a well-known, but still unfortunate, truth that the Presidential elections every four years are high water marks when it comes to voter participation. When one starts going down the list—Congressional elections, Gubernatorial elections, State Legislative elections, and local elections—voter interest, attention, and participation wane at each step. Even in Presidential elections, where turnout is highest, often voters are only voting for many of the offices on the ballot because, well, if you’re already in the voting booth, why not? (more…)

The Nightmares from Bridgeport

February 28, 2011

As the November election entered the early afternoon, poll workers in the City of Bridgeport, Connecticut began to notice something strange.  With many hours of voting left, there was an unusually small amount of ballots remaining. Those concerns quickly turned to nightmares as precincts all across the city ran out of ballots. Confusion and tempers grew as fast as the lines voters were forced to stand in.  People began to turn away without voting, their civic duty inaccessible.

Registrars were told by the Secretary of State to photo copy ballots at the city print shop.  They began delivering the needy precincts packets of 100 ballots at a time. People who waited were given the opportunity to vote on a photocopied ballot. The State’s Democratic Party sued the City for not providing enough ballots and asked for immediate action. Superior Court Judge Marshall K. Berger, Jr. made the ruling that the polls at 12 precincts would remain open until 10PM, two hours beyond the normal closing. During this extra time about 500 votes were cast. (more…)

Sitting Down with Washington’s Director of Elections

February 23, 2011

I recently had a chance to have an email conversation with Nick Handy, Director of Elections under the Secretary of State for Washington.  With a dedication to public service and a knack for handling tough situations with sensitivity, Mr. Handy has served Washington well and entered a well-deserved retirement at the end of 2010.

Could you tell us a little bit about your background?  What prepared you to be Director of Elections?

I am perhaps an unconventional appointment to an Elections Director position in that I had no experience in elections management prior to the appointment.

I was a long time personal and political friend of the Secretary of State.  I had 30 years experience in senior management in state and local government working in areas of high controversy and political scrutiny.  These included open government after Watergate, natural resource management during the spotted owl and endangered species debates, and oil spill preventing after Exxon Valdez. (more…)

Weekly Wrap Up

February 18, 2011

Voter fraud by the Chief Election Official?: Charlie White, the Indiana Secretary of State, is being investigated by a grand jury to determine if he committed voter fraud during the May 2010 primary. White is accused of intentionally voting at the wrong precinct, a potential felony.

Misspellings can count: The Alaska Senate unanimously passed a bill on February 14 clarifying procedures for counting write-in ballots. The bill, a response to the highly-contested 2010 election of write-in candidate Lisa Murkowski, allows votes that misspell the candidates name to count. The bill now moves to the Alaska House.

$2,500 recuses a judge: Elected judges in New York will no longer be allowed to hear cases where a lawyer or party has made contributions to his/her campaign in excess of $2,500 in the last two years. The decision, a new rule announced by the state’s chief judge, is designed to curtail the effects of money in judicial politics and will take effect after a 60-day comment period.

Oklahoma Voter ID Plaintiffs Begin a “Lonely Crusade”

February 16, 2011

When the red clay dust settled after this month’s elections in Oklahoma, nearly seventy five percent of voters had said “yes” to State Question 746, which proposed amendments to the state’s voter identification requirements.  As a result, beginning on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board free of charge.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements apply to all in-person voting, including in-person absentee voting.  Any voters who can not present acceptable identification may cast a provisional ballot. (more…)