Write In Candidates
December 2, 2009
While perusing a 2,360 Mb tome on New York’s State laws, I came across a topic that I had to discuss. Strangely enough the state most useful to my interest was on the news for another reason. The state of Alaska, home of Sarah Palin, is the state I choose to focus on.
Most high school students have experiences with write in candidates, the students who don’t run officially but end up running on that empty line. One of my fondest high school memories was when the senior class elected Chimp Pan Gee as their class president via write in. But has anyone ever won by being a write in candidate? While most elections have an empty line for write ins, can a write in actually win? Alaska provides us with the latest in what’s probably a short list of write-in successes. (more…)
Op Ed: In Response to Tennessee Voter Confidence Act
December 2, 2009
Our thanks to Drew Staniewski for this review of where we stand in Tennessee re: free, fair and verifiable elections.
Our group (Gathering To Save OUR Democracy) worked hard to pass the TVCA in time for it to be implemented in 2008, before the last election. There was enough time (and enough remaining HAVA money) to accomplish that. However, as a concession to some, TVCA implementation was delayed until 2010. When Republicans not only won control of our legislature for the first time in 140+ years but also won every open seat in our legislature, they announced that one of their three top legislative priorities was to repeal the TVCA.
It is quite instructive that Tennessee became the ONLY state in 2008 where Republicans won more seats in our legislature, despite Democrats outnumbering Republicans here by a 47-39% margin and despite Democratic voter registration efforts outpacing Republicans by better than 4-to-1 in the months leading up to the 2008 election. (more…)
Partnership with Georgetown Law’s Election Law Society
November 30, 2009
As promised before break, we have a great announcement to make. Georgetown’s new Election Law Society
is joining our efforts to cover the moving pieces in election law in all fifty states.
We knew from day one that our goal was ambitious, so we’re glad that the desire to discuss state election law is spreading to other law schools. Posts from Georgetown law are coming soon and we’d welcome other law schools who are interested in teaming up with us.
Welcome aboard, Georgetown!
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The Tennessee Voter Confidence Act
November 30, 2009
On November 5, a Tennessee judge declined to an issue an injunction that would have forced the Secretary of State to comply with the Tennessee Voter Confidence Act passed in 2008. The act requires all 95 counties to discard electronic voting machines in favor of paper ballots. Understandably, the act has become an extremely controversial issue in Tennessee politics.
The Tennessee Voter Confidence Act (TVCA) passed nearly unanimously last year in response to growing fears over the integrity and security of electronic voting machines. Tennessee was recently rated by the organization Gathering to Save Our Democracy as one of the eight states in the nation most vulnerable to vote-counting abuse
because of its reliance on computerized systems. Currently, 93 of the 95 counties in Tennessee use some form of electronic voting machine or touch-screen system that records votes but does not produce an individual paper record of each vote. The act requires a move to paper ballots read by optical scanners, which would allow for a paper trail and eliminate the corruption and abuse concerns associated with computerized systems. When it was first presented to the legislature, the TVCA had bipartisan support in both houses of the legislature, and was passed by an overwhelming majority. (more…)
Recount in Virginia’s 21st District
November 30, 2009
Can a change in the law change the outcome of an election?
On November 3rd, voters in Virginia went to the polls and handed Republicans a statewide office sweep and gains in the House of Delegates, but, as has become a common occurrence in Virginia, there is one election headed for a recount.
In the 21st House of Delegates district, Delegate Bobby Mathieson (D) and Virginia Beach City Councilor Ron Villanueva (R) battled throughout the summer and fall and after injunctions, questions about absentee ballots, the Virginia Beach electoral board certified Villanueva the winner by 14 votes. The current margin of victory is a mere nine-tenths of one percent.
Virginia law allows for the trailing candidate to request a recount if the margin of victory is less than one percent and Mathieson has stated that he will be seeking a recount. The state Board of Elections has certified the outcome of the election, and it appears that Mathieson will soon officially request a recount. Any recount would likely occur in mid-December. (more…)
Redistricting Reform Part 2
November 23, 2009
OK, So What’s The Problem?
If you missed last week’s installment, take a look, as it summarizes how redistricting in Virginia works. If you’re too busy, the basics on your author: In 2007 I was asked to run a new non-profit effort to reform Virginia’s redistricting system. A group of moderate business leaders had decided to raise funds for the effort. For the next 7 months, I shuttled between my Arlington home and Richmond as Executive Director of the Virginia Redistricting Coalition. I’ll use this series to pose a few basic questions about redistricting reform and explore the philosophical and practical implications of such an effort. As a warning up front, I am not a lawyer. So while I am fairly well-versed in the relevant concepts, don’t take my word for gospel on the legal precepts. I’m also going to assume you’re familiar with the basics: gerrymandering, the Civil Rights Act of 64, reapportionment generally, and the current state of the ‘science’ of partisan redistricting.
Partisan redistricting – is it really a problem? First principles – 
what is the problem with partisan redistricting? Per Baker v. Carr and later Gray v. Sanders, modern partisan redistricting efforts do not endanger the effective power of an individual’s vote, nor do they dilute the ability of a constitutionally protected class to achieve representation (post-Voting Rights Act of 65). So we must at least consider whether or not drawing district lines for partisan gain is either constitutionally (or morally) acceptable. The constitutional question remains unsettled – a series of cases has yet to define a standard for determining if a partisan gerrymander is an equal protection violation. (See Vieth v. Jubelirer & Davis v. Bandemer – I’m not qualified to belabor the details.) Without settled case law, this leaves us to ask if there is a public interest in removing partisan influence from redistricting. (more…)
The Military and Overseas Empowerment Act
November 23, 2009
I
n Virginia, nearly 2,000 ballots cast by voters overseas were initially not counted in last year’s general election. The Uniform Overseas Citizens Absentee Voting Act (UOCAVA) allows citizens abroad, including military personnel, the ability to vote in federal elections. The U.S. Department of Justice sued Virginia for violating the act, because of the state’s failure to count the absentee ballots. The Virginia Board of Elections contended that they were not bound by UOCAVA because it did not give a specific deadline to mail ballots out. A federal judge decided that, although this may true, the UOCAVA was established to give Americans abroad a “real chance to vote.” (more…)
Weekly Wrap Up
November 20, 2009
Every Friday, State of Elections brings you the latest news in Election Law.
-In New York’s 23rd district, Conservative Party Candidate Doug Hoffman is considering disputing the results of November’s special election, and has even accused ACORN of vote tampering.
-Speaking of ACORN, a recent survey by Public Policy Polling finds that the organization, known for its controversial voter registration policies, is viewed favorably by only 11% of Americans.
-The Ohio House has recently passed legislation that makes sweeping changes to the way elections are held in that state.
-The debate over vote by mail continues in California, as over 77% of voters in a special election in Orange County chose to send their ballots by mail instead of going to the polls.
-Enjoyed David Solimini’s post on redistricting? Try “Redistricting: The Board Game“, courtesy of the Washington Secretary of State’s office!
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New Orleans Mayoral Race Post-Katrina
November 20, 2009
This year m
arks the 4th Anniversary of Hurricane Katrina. As the city of New Orleans moves towards recovery, it must start thinking about electing a new mayor. Actorruled himself out as a likely candidate, citing his controversial platform to legalize gay marriage and marijuana, and incumbent mayor Ray Nagin of “Chocolate City” fame is ineligible to participate due to term limits. Finding a field of eligible candidates may be difficult due to a protectionist provision in the City Charter which states:
“The Mayor shall be a citizen of the United States and a qualified elector of the City, and shall have been domiciled in the City for at least five years immediately preceding the election.”— New Orleans Home Rule Charter, Section 4-202.
Residents were not allowed to return home for over a month following Nagin’s mandatory evacuation order, and whether evacuees experienced a change in domicile during that mandatory evacuation may be an question in the upcoming April 2010 election. The issue is whether individuals can meet the length of residency requirement due to their voluntary displacement. (more…)
New Jersey’s Off-Off Year Elections
November 18, 2009
On Monday, Dr. Quentin Kidd explained the origins of Virginia’s “off-off year” elections. Of course, Virginia is not the only state with this peculiar tradition. New Jersey has also held off-off year elections since 1947, due to a similar quirk of the electoral calendar.
Prior to the adoption of the modern New Jersey Constitution, New Jersey governors served three year terms, with the last gubernatorial election under the old constitution occurring in 1946. In 1947, the legislature proposed a constitutional convention which was voted on as a referendum and approved by a majority of voters. The new constitution was ratified in 1947, and among many other changes, extended the governor’s term to four years. This extension, however, did not apply to the current governor’s (Alfred Driscoll) term, who had been elected under the old constitution. So, Driscoll’s first term, which had begun in 1947, ended in 1950. When Driscoll ran for reelection, the term limits of the new constitution applied, so Driscoll’s second term lasted for four years. The election to replace Driscoll occurred in November of 1953, and thanks to the new four year terms, every New Jersey gubernatorial election from then on naturally fell on an off-off year.
Although the New Jersey constitution gives the legislature the power to change election day by law, New Jersey maintains its tradition of off-off year elections, and there are no indications that the legislature will change this tradition anytime soon.
Anthony Balady is a student at William and Mary Law School and a member of State of Election’s editorial board.
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