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State of Elections

A student-run blog from the Election Law Society

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…)

Topics: Election Officials

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…)

Topics: Ballot Preparation

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…)

Topics: Election Officials

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…)

Topics: Voter ID

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…)

Topics: Equipment Selection and Testing

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…)

Topics: Election Board

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.