Weekly Wrap-Up

September 24, 2010

Fox News wants to make sure their viewers know they don’t endorse Democrats. The network has sued Democratic Senate candidate Robin Carnahan for copyright violations based on a campaign ad. Fox News wants to ensure that the public knows the network has not endorsed a candidate in the Missouri race and says the ad, which shows Chris Wallace interviewing Carnahan’s opponent about allegations that he acted improperly while in Congress, makes it appear that Wallace is speaking on the side of the campaign. The suit is considered by some experts to be the first case where a media outlet has sued a political campaign over copyright violations. There are also concerns that this is not a true copyright concern because, according to copyright lawyer Ben Sheffner, copyright disputes are about revenue not reputation damage. The ad has been pulled from the web and YouTube, but is still airing on television. The case is currently pending in federal courts.

Dreaming of a Third Party? Libertarians in Georgia are dreaming of a permanent place on the ballot. Their gubernatorial candidate, John Monds, is polling at 9% while the Republican candidate, Nathan Deal, continues to have financial problems. If Monds can capture over 20% of the vote, the Libertarians will be considered a “political party” under state election law, allowing them to hold primary elections and be guaranteed ballot access in future races. In the past, no Libertarian candidate for governor has surpassed 4% of the vote. Read about it here.

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Meet the New Editors!

September 23, 2010

If you have followed State of Elections from the beginning, you may have noticed a sudden upturn in quality over the past couple weeks. You are probably saying to yourself, “I know the current editor-in-chief, though handsome, isn’t remotely competent. What gives?”

Well, “what gives” is that State of Elections has a brand new editorial board. 1Ls Amelia Vance, Amanda Lowther, and Kelci Block will be taking the reins of the site and handling most editorial duties from here on out.

Here’s some information about the new editors.

Amelia Vance graduated magna cum laude from McDaniel College in Maryland. While attending McDaniel, Amelia was Head Delegate for McDaniel’s Model United Nations team, co-president of Allies (McDaniel College’s Gay-Straight Alliance), and participated in Model European Union and the McDaniel College Departments of Theatre and Music. She also worked full time for the Obama campaign in Michigan and North Carolina in fall 2008, and interned with the U.S. State Department and Michigan Representative Sandy Levin. Amelia plans to work in the federal government after law school.

Amanda Lowther is originally from Orlando, Florida, although she spent parts of her childhood in rural Alabama and living as an ex-pat in Ulsan, South Korea. She graduated in 2010 from University of North Florida in Jacksonville, Florida, with a B.A. in history, minoring in mass communication and education. Amanda was a member of the University Chorus at American University (where she spent her freshman year) and sang for then-President Bush (and on national television) for TNT’s Christmas in Washington program. At UNF, Amanda was a charter sister and eventually president of the Gamma Chapter of Theta Alpha, a Christian sorority. Amanda was inspired to come to law school by her Media Law and Ethics professor at UNF, who sparked her interest in the First Amendment and other issues in the laws governing media outlets.

Kelci Block went to University of Central Florida for undergrad, where she majored in political science and minored in middle eastern studies. Kelci has interned for the Sierra Club’s law office and for Great Sand Dunes National Park. Her first exposure to politics was through her aunt, who is a state representative in Pennsylvania. When she graduates, she would like to specialize in environmental law.

The Tea Party and Voter Fraud

September 22, 2010

In anticipation of the impending midterm elections, officials from various Tea Party affiliated groups are concerned that Republicans are losing elections because of voter fraud. Dick Armey, former Republican Congressman, recently asserted that up to 3% of the votes Democrat’s received in 2008 was illegitimate.

Ignoring for a moment that most voting experts refute these claims, the debate is interesting for several reasons. First, it shows the ever-increasing role the Tea Party plays in the Republican Party, a dynamic certain to have a huge impact in November. This broad discussion, however, has been extensively covered by the national news media, so we don’t need to get into it now.

Second, it illustrates the importance of conducting fair and open elections. If these claims have any basis in fact, the implications would be staggering.  The 2008 election cycle fundamentally altered the direction of local, state and national politics, as Democrats dominated, even in traditionally Republican districts. If for some reason that move was illegitimate, it would change our view of the direction American politics. Perhaps that is what these claims are really all about – the Tea Party questioning whether 2008 was really an indication that the country moving to the political left. (more…)

Express Advocacy and the 24-Hour Media

September 20, 2010

When does a television network endorsing a candidate go over the line? According to the Democratic Governors Association (DGA), Fox News stepped over that line in late August when John Kasich, Ohio Republican gubernatorial candidate, asked for contributions to his campaign. During his interview, the network showed the link to the candidate’s website below his name (see the video here).

The DGA filed a complaint on September 2 with the Ohio Elections Commission, alleging that Fox made a contribution in the name of an unincorporated business (Ohio Rev. Code §§ 3517.10(I)(5)) and did not identify the source of the political communication (3517.20(A)(2) and (B)(1)).

In laymen’s terms, Democrats are angry that Kasich received free political advertising on a TV network. Their complaint raises an interesting point: What counts as free political advertising? According to the DGA’s complaint, the link Fox provided of Kasich’s website makes the 1 minute and 30 seconds Kasich was on The O’Reilly Factor a political ad. Giving it the title of a political ad attaches certain responsibilities, including a prohibition on “donating” free political advertising, and adding a “paid for by” disclaimer. (more…)

Weekly Wrap-Up

September 17, 2010

“Lisa M. Write In and Fill In” is the proposed slogan from supporters of Lisa Murkowski’s proposed write-in campaign.  Alaska elections director said that voters would only have to use Murkowski’s first name and last initial for it to count, but that they would also have to be sure to fill in the bubble next to her name.  The actual vote is the filled in bubble, not the written name.

Carl P. Paladino, a Republican candidate for governor in New York, sent out a typical negative mailing stating that “Something really stinks in Albany.” However, the ad is anything but typical as soon as a person opens the envelope and is greeted with the “unmistakable odor” of “rotting vegetables.” Read this article for more info. (more…)

Yes/No, No/Yes: Two California Redistricting Bills Compete for Votes

September 15, 2010

Last Sunday, two competing editorials were published in the San Francisco Chronicle discussing two proposed redistricting bills in California, Proposition 20 and Proposition 27.  Both propositions focus on changing the Congressional redistricting process.  Proposition 20 would give the task to the Citizen Redistricting Commission, which already draws the lines for the legislative districts.  Proposition 27 would have the Legislature do it, but impose public oversight and strict guidelines on the process.  The editorials dealing with these propositions took opposite views: Daniel Lowenstein of UCLA supported Proposition 27, saying it would reduce the cost and create equal districts; Alice Huffman, president of the NAACP, argued that Proposition 20 would prevent districts from being drawn for the benefit of politicians.  Both disagreed strongly with the claims in the other.

So who’s right and who’s wrong?  As is usually the case, the answer is not black and white.

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Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

September 13, 2010

Campaign finance reformers have spent much of 2010 fighting in the courtroom. Across the nation, campaign finance laws are being challenged in the courts.

Some decisions, like Citizens United, came down from the Supreme Court and affect every election, from the national level on down. But there have also been several court decisions across the country that changed the complexion of local and state primaries and might shape the upcoming November elections. In states as diverse as Kentucky, Washington, and California, federal courts have ruled on spending limits for both individuals and corporations. Some courts have found these limits unconstitutional by following Citizens United; others have upheld the limits, citing interests noted by the Supreme Court in their decision. (more…)

Weekly Wrap Up

September 10, 2010

Are red light cameras racist? According to American Traffic Solutions, they are. ATS opposes a ballot initiative to add red light cameras in Baytown, Texas, saying it will encourage conservative voters to come out in larger numbers for the November election and weaken the power of minority voters. A hearing is currently scheduled on a motion to stop the election.

Chicago Mayor Richard M. Daley announced he will not be seeking re-election in February 2011. February’s election will be the first time in 64 years that an incumbent is not running for mayor in Chicago. One of the rules set by the Chicago Board of Elections for Mayoral candidates is that they must have lived in the city of Chicago for at least the last calendar year. Does this rule out Rahm Emanuel as a candidate? Read more about the rules to run for mayor here.

This report was recently released and may be interesting to anyone who wants to look at the “threat posed by money and special interest pressure on fair and impartial courts” (quote by William & Mary Chancellor Sandra Day O’Connor). The report looks at the past decade of judicial campaign spending and analyzes some the challenges and threats to our judicial system because of this funding.

The Georgia Supreme Court is looking at the constitutionality of the new voter identification law the Department of Justice approved two weeks ago. Georgia, along with Arizona, checks the citizenship of people who register to vote against Social Security and DMV records. Proponents claim that it blocks illegal immigrants from voting, while critics argue that it could hinder minorities who are legal citizens from voting. The Georgia Supreme Court heard arguments on Tuesday, September 7.

The Green Party in Arizona has filed suit against several state election officials, requesting that some of the nominees on their ballot be removed and to change an Arizona law that allows people to join a minor party’s ballot with only one write-in vote.  They allege that these nominees were recruited by Republicans to siphon votes away from the Democrat Party.  Steve May, on the Republican ballot, says that he recruited drifters and street performers in Tempe to run as Green Party candidates, but that they are part of a valid political movement.

Democrats in Vermont are facing a shortage of volunteers as they try to recount the results of the primary.  A number of the over 600 volunteers who originally signed up backed out when they found out they needed to commit to a full day of counting.

We Didn’t Start the Fire: Texas Loses Thousands of Voting Machines in Inferno

September 8, 2010

Elections are a delicate and complex process. In the months leading up to Election Day, election officials must anticipate and prepare for hundreds of potential issues. But in Texas, an issue nobody could have foreseen has left the best laid plans of the Harris County Clerk’s Office in disarray.

Over 10,000  voting machines were destroyed in a sudden warehouse fire on August 27th, leaving the county without a single voting machine to use in the upcoming elections.  Luckily, no one was injured, but with just two months to go before Election Day, the county is scrambling to find ways to salvage the situation. (more…)

Vote Early, Vote Often: The Pros and Cons of Maryland’s Early Voting Law

September 6, 2010

This week, Maryland began its first election with early voting.  The recently passed early voting laws in Maryland allow for voters to cast ballots in-person up to ten days prior to the election (not counting Sunday.)

The technical distinction between absentee voting and early voting is that with early voting you are not required to have an excuse for not voting on Election Day.  Also, early voting is typically performed using the same method as Election Day voting, rather than on an absentee-type paper ballot.

Early voting is an attempt to address significant problems facing elections today.  Allowing voters to cast their ballot early alleviates traffic and lines at the polls.  Also, allowing a greater time period to vote will almost certainly increase overall voter turnout simply because it may be more convenient. Texas has even allowed “curbside voting” during early voting, a process where, if you call in advance, you can get a poll worker to bring the ballot to your car as you arrive at the precinct (only for those who have difficulty walking or standing for extended periods, of course.)  I, for one, support the use of Applebee’s Carside To Go technology on Election Day. (more…)