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State of Elections

A student-run blog from the Election Law Society

Defenders of Democracy: The Role of Secretaries of State as Chief Election Officers

February 14, 2011

This symposium panel will focus on the critical role a secretary of state plays in securing our democratic process. We will discuss bridging the gap between political theory and election reality and what it really takes to ensure the integrity of an election. While each state has laws that govern the execution of an election, it is up to the state’s chief election officer to add detail where only broad strokes exist. Panelists will share their insight into specific areas in which secretaries of state have been particularly active in running elections, from voter registration and voting machines to recounts and provisional ballots.

The symposium takes place on Tuesday, February 15 from 12:50 to 1:50 in Room 127 at William & Mary School of Law.

Panel will be moderated by Law School Dean Davison M. Douglas. Participants include former Ohio Secretary of State Jennifer Brunner and Minnesota Secretary of State Mark Ritchie, current president of the National Association of Secretaries of State.

Weekly Wrap Up

February 11, 2011

No More Polling Places?: The Colorado legislature is considering a new bill that would eliminate polling places and instead conduct all state-wide elections by mail only. Over 70% of Colorado voters already vote by mail, and the proposal would save the state $12 million annually.

The More the Merrier: The race for San Francisco mayor has an expanding field, as more candidates join the field, thanks to the use of ranked-choice voting. The system, which has been used since 2004, created a successful “Anyone but _____” campaign in the 2010 elections and is shaping up to lead to the same results this year.

300 Taxpayer Dollars an Hour to Fight the Popular Vote: The fight over Amendment 6 in Florida continues as the Florida House has joined the lawsuit filed by two Congressional representatives. The lawsuit, which has cost taxpayers $700,000 and counting, contends that the amendment to redraw congressional districts (supported by more than 60% of the popular vote) is unconstitutional.

Paperless Gangstas: The Reliability of South Carolina Voting Machines

February 9, 2011

The U.S. democratic system is no stranger to meteoric rises.  This is the country that pit a community organizer against a PTA mom from America’s Siberia for the leader of the free world.  Yet our penchant for the underdog doesn’t always mean a free pass.  So when Alvin Greene—an unemployed, cash-strapped veteran who is facing felony obscenity chargeswon the Democratic primary for a shot against incumbent Jim DeMint for the U.S. Senate, a concerned citizen raised some questions.  Specifically, could electronic voting machines be to blame for such a bizarre result? (more…)

The Show Must Go On: Despite Sharp Budget Cuts, the Virginia State Board of Elections makes sure “Elections still go on.”

February 7, 2011

In the present economic climate, no state agency in the country is completely immune from budget crunches. The Virginia State Board of Elections (SBE), Virginia’s non-partisan agency in charge of administering the state’s elections, is no different. Budget cuts have forced the agency to make some tradeoffs in recent years, in both staffing and services. However, the agency is finding ways to cope with the limitations and continues to work to make elections work smoothly, regardless of the economic circumstances.

“I refuse to cry the blues,” SBE Secretary Nancy Rodrigues said. “The reality is there is no money. That is the economy. [However], elections still go on.” (more…)

Weekly Wrap Up

February 4, 2011

“It’s time to stop stonewalling”: The NAACP and the League of Women Voters filed a lawsuit against new Florida governor Rick Scott, demanding that he submit the voter-approved redistricting amendments to the Justice Department for review. Scott quietly withdrew a request for review in January shortly after taking office.

Misspellings might be OK in AK: A new measure proposed in the Alaska Senate would update the write-in laws, explicitly allowing minor misspellings on write-in votes to count. The law, proposed in response to the 2010 U.S. Senate election, cleared committee this week and should be voted on within days.

Voter IDs High on States’ Agendas: Across the nation, various states are considering voter identification laws. Some, like North Carolina’s proposal, have been in the works for several years; others, like in Minnesota, are new and focus on new technologies to prevent voter fraud. States like Texas, which are subject to the Voter Rights Act, must get these new laws–if passed–approved by the Department of Justice.

Redistricting Without Party Politics?!

January 31, 2011

Redistricting Without Party Politics?!  Is that possible?  A plan for redistricting that the Virginia Assembly will adopt as its own is the goal of the team from William & Mary School of Law.  Along with teams from across the state that have entered the Virginia College & University Redistricting Competition, the WM School of Law Team is out to prove that it is possible to come up with a redistricting plan that is practical, objective, and fair.  Although the competition was put together as an academic exercise, it has evolved into more with the Governor’s Bipartisan Commission on Redistricting taking notice and encouraging the exercise.  While the William & Mary School of Law team is under no illusion that their map will be adopted wholesale by the VA Assembly, they are looking forward to the map being a source of comparison for the Assembly as it crafts official redistricting maps.

The competition is sponsored by the Wason Center for Public Policy and the Public Mapping Project.  Teams will be drawing lines for the VA House of Delegates, the VA Senate, and for federal congressional House districts using Public Mapping software.  The criteria for drawing the maps includes districts that are contiguous, fair in representation, equal in population, in compliance with the federal Voting Rights Act, keeping communities of interest together/respecting existing political subdivisions, compact, and electorally competitive.  The judges for the competition will be Thomas Mann of the Brookings Institution and Norman Ornstein of the American Enterprise Institute.

Members of the William & Mary Law School Team are: Brian Cannon, Alex Grout, John Holden, Meredith McCoy, Rebekah Miller, Nicholas Mueller, Pete Newman, Sam Robinson, and Brian Rothenberg.

Check back for more info on the team and their ongoing progress!

Weekly Wrap Up

January 28, 2011

Emanuel got the green light for candidacy: Rahm Emanuel can run for Chicago mayor, after a unanimous decision by the Illinois Supreme Court. The Court found that he meets the residency requirements because he paid taxes and maintained a residence he planned to use as his permanent residence–even though he rented it out–in Chicago while working in the White House.

Every vote counts in Ohio: A three-judge panel of the Sixth Circuit Court of Appeals ruled on January 27 that ballots improperly cast because of errors by poll workers must be counted in the judicial election in Hamilton County. Although the exact number of ballots that must now be counted is unknown, Democrats claim it could be in the hundreds. Republican John Williams currently leads by 23 votes.

Is there a fight brewing over Fair Districts in Florida?: In one of his first acts as governor, Rick Scott withdrew the request to the Justice Department to approve the redistricting amendments passed by voters in November. The amendments are also currently being challenged in court in a lawsuit filed by two U.S. Representatives from Florida.

Let the Staff Handle it: Iowa’s Answer to Redistricting

January 24, 2011

In the wake of the 2010 Census, reapportionment and redistricting of seats of the US House of Representatives looms large on the political horizon. Those who have lost hope that redistricting can ever be anything but dysfunctional should spare some attention for Iowa during this ongoing process.

For those states unlucky enough to lose one or more of their seats, the unpleasantness is two-fold: reduced representation at the federal level accompanied by a contentious and highly partisan redistricting process. (more…)

Weekly Wrap Up

January 21, 2011

Vote Early, Vote Often (Even if You’re Dead): An 81-year-old Oregon man was sentenced to 12 months in jail and a $5,000 fine for voting as both his deceased brother and son.

SAFE Voting in Kansas: Kansas’ Secretary of State Kris Kobach unveiled the Safe and Fair Elections (SAFE) bill January 18 that would require voters to show ID at the polls and proof of registration when registering for the first time.

Provision Ballot Chaos in Ohio: In a case that may end up in front of the Supreme Court, a U.S. District Court and the Ohio Supreme Court issued conflicting rulings on some provisional ballots cast at the wrong precinct in the November elections.

One Stop Shopping: Rhode Island Initiative Registers Voters at Work

January 19, 2011

The Newport Mansions, Family Guy, Brown University and the Farrelly brothers are a few of the Ocean State’s more notable features.  To this list, we may soon add “Innovative Voter Registration.”  Rhode Island Secretary of State A. Ralph Mollis launched “Voters in the Workplace” in the summer of 2008.  This initiative encourages and enables companies to host voter registration drives during normal business hours between August and October every year.  These months include the registration deadlines for both the state primary and general elections.  The Secretary of State’s office markets the program through social media and direct mail while working with Rhode Island’s chamber of commerce network and trade organizations for human resources managers.

So how does it work? A company contacts the Secretary of State’s office and expresses interest in hosting a voter registration drive for its employees.  In the weeks leading up to the drive the company generally sends out e-mails notifying its workers, posts links to registration forms on their intranet, and displays voter registration posters.  The Secretary of State’s Office supplies the company with all of these materials electronically, even the e-mail template.  Some companies do more: Cox Communications in West Warwick ran promotions on its closed-circuit television network.  On the day of the drive, staff members from the Secretary of State’s office travel to the company and conduct the voter registration.  A drive is usually held in the cafeteria or another gathering space in the workplace during regularly scheduled breaks, lunch, or directly after work.  Staff time spent on a typical registration, including travel, is about two hours.  Chris Barnett of the Rhode Island Secretary of State’s press office indicated there is no discrete budget for the program and “the investment is simply routine overhead.”  Dozens of companies have partnered with the Secretary of State’s office since the program began two years ago. (more…)