Weekly Wrap-Up

October 15, 2010

Did Michelle Obama violate Illinois state election law? After Michelle Obama turned in her early voting ballot yesterday, she stopped outside the voting booth to take pictures with people in the area, including an electrician, Dennis Campbell. According to Campbell and a reporter who was nearby, Michelle stated that it was very important that he vote “to help keep her husband’s agenda going.” Illinois state law (Sec. 17-29 (a)) states that “No judge of election, pollwatcher, or other person shall, at any primary or election, do any electioneering or soliciting of votes or engage in any political discussion within any polling place, within 100 feet of any polling place.” White House press secretary Robert Gibbs responded to the accusation by stating that “I don’t think it would be much to imagine, the First Lady might support her husband’s agenda.”

Charges were filed against a Maryland man, Jerry Mathis, for distributing an official-looking sample ballot that turned out to be fake.  The false ballots alarmed several candidates when they saw that the wrong matchups were checked.  Under Maryland law, Mr. Mathis could be facing a maximum of one year in jail and a $25,000 fine. (more…)

Getting Carded: The Debate over Voter ID Law in Oklahoma

October 13, 2010

On November 2, Oklahoma voters will confront a long list of state referendum items on which they may vote “yes” or “no.”  Second on the list—tucked between per-student educational spending and revised term limits—is State Question 746, which proposes to amend the state’s voter identification requirements.  Supporters tout the measure as a necessary and low-maintenance way to keep state elections honest.  After all, we require a photo ID for any number of mundane daily transactions, like writing a check or boarding an airplane.  However, a small but impassioned group of opponents argues that while seemingly harmless, in reality the voter ID requirement is the partisan enactment of a runaway legislature, and it threatens the most basic of Oklahomans’ constitutional protections.

If Oklahomans vote “yes” on State Question 746, then effective 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.  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 would apply to all in-person voting, including in-person absentee voting. (more…)

Weekly Wrap Up

October 8, 2010

Due to a loophole in Florida election law, a violation can go without any punishment. On September 30, a Florida District Court of Appeals ruled that because the statute allowed candidates to opt for an administrative hearing regarding their violations but didn’t give those courts the power to levy sanctions, candidates could violate election law and not be penalized. This was caused by a “glitch” in the legislation and was not intentional. Florida Election Commission Chairman says that it won’t affect the cases for this year’s elections because the legislature will have an opportunity to fix it before they’re heard.

According to the 9th Circuit, Washington doesn’t discriminate against minorities in prison. The Court ruled on October 7 that the Washington felon disenfranchisement law, which prohibits incarcerated felons from voting, does not constitute discrimination despite disproportionately affecting minorities. In January, a three-judge panel of the 9th Circuit held 2-1 that incarcerated felons should be allowed to vote. Sitting en banc to reconsider the decision, the Court unanimously upheld the law. The Court ruled that the felons must show “intentional discrimination” on the part of the state and not merely that the law does discriminate, something the prisoners failed to do in this case. (more…)

Rahm’s Residency: Not a Problem?

October 4, 2010

According to several news articles, White House Chief of Staff Rahm Emanuel is moving back to Chicago to run for mayor.  Several news organizations and election lawyers question whether he qualifies as a resident of Chicago.  Rahm Emanuel is registered to vote in Chicago where his car is registered but leased his house to another family.  To run for mayor in Chicago, you must maintain a city residence for one year.

It is striking how similar the facts surrounding Rahm Emanuel’s residency in Chicago are to the seminal, Virginia case on voter residency: Sachs v Horan.  Daniel Sachs was registered to vote and owned a home in Fairfax County.  Sachs had a minimum, one year employment contract outside of Fairfax so he rented a house in Washington County and leased his house in Fairfax to another person.  All the while, Sachs paid property taxes to, registered his vehicle in, and had a driver’s license from Fairfax County.  He was seeking employment closer to home and hoped to return to his house in Fairfax.  In reviewing his residency for voter registration, the Supreme Court of Virginia held that Sachs did not “live in that locality with the intent to remain there for an unlimited time” nor did he have the requisite “place of abode” to establish residency for voter registration.

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Weekly Wrap-Up

October 1, 2010

Virginia governor Robert McDonnell is outpacing his Democratic predecessors in restoring voting rights to felons. McDonnell, known as a law-and-order attorney general, has approved 780 of 889 applications — approximately 88 percent of applications — since taking office in January. His predecessors, Democrats Timothy Kaine and Mark Warner, restored the rights of 4,402 and 3,486 felons, respectively. McDonnell revamped the process for restoring voting rights to felons, reducing the wait time for nonviolent felons to two years, allowing applicants to submit documents online, and self-imposing a deadline of 60 days after the application is complete to make a decision. Even as this process continues, however, 300,000 people in Virginia remain disenfranchised.

Rahm Emanuel may be out of a job. The same day that the White House announced he was leaving his post as Chief of Staff to run for mayor of Chicago, attorney Burt Odelson pointed out a 1871 law requiring candidates to live in their jurisdiction for the year before the election. Since Emanuel leased out his house in Chicago while he was working in DC, this may block him from running for Mayor.
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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…)