Weekly Wrap Up
March 26, 2010
Every week, State of Elections brings you the latest news in state election law.
– ACORN, the controversial voter registration and activist group, is disbanding because of declining revenue.
– In the Arkansas Senate race, there’s some controversy over an obscure state law that prevents the use of professional or honorary titles on ballots. One Republican Senate candidate had hoped to put the title “Colonel” in front of his name on the ballot, but was refused by election officials. Nicknames, however, are perfectly legal. Just ask Harold Kimbrell, who will appear on the ballot as “Porky” Kimbrell.
– During last week’s election law Symposium at William & Mary, the panelists mentioned that census data can be skewed when large numbers of incarcerated felons are counted as “residents” of the state they are incarcerated in. Here a few editorials discussing that practice.
– More news on the California Redistricting Commission. Even though over 25,000 people filed the initial application to be on the Commission, less than 1,200 have completed the second step of the application process. For more general information on the Commission, see this post.
– Minnesota Governor Tim Pawlenty has signed a law that should make absentee voting easier in that state. The law will require election officials to send a replacement ballot, or notify the voter that he should cast a new ballot, if an absentee voter’s ballot is rejected.
– After much debate, the Florida Senate has passed an electioneering bill. An alternate version of the bill was ruled unconstitutional for requiring all organizations to register with the state and comply with financial reporting requirements if they even mentioned a candidate or political issue. The new version of the bill would still require certain organizations to register, but not those that focused only on issues.
Citizens United Against the Supreme Court
March 24, 2010
The recent Citizens United ruling by the US Supreme Court, which holds that First Amendment protections apply not just to individual speakers but also to corporations, is only the latest in a decades-long series of decisions by the Court that have expanded the scope of the First Amendment into realms never imagined by our Founding Fathers.
Beginning with Buckley v. Valeo in 1976, the Justices have embraced the concept that money is equal to speech, and that therefore any limitation on campaign spending violates the First Amendment. This week’s ruling simply expands this protection to cover corporations, which are by definition aggregators of money. So now corporate money will completely overwhelm individual money in the arena of political speech, and Madison’s conception of our government as a forum for the broadest possible public deliberation of issues will be rendered legally moot. (more…)
Weekly Wrap Up
March 22, 2010
This weekly wrap up is a little late, since we posted a summary of our Symposium on Friday instead of our typical weekly wrap up. To anyone who was waiting with bated breath for the latest news in state election law, I apologize.
Anyway, here’s a slightly belated summary of last week’s state election law news.
– According to a study by the Brennan Center, state judges are raising significantly more money for their campaigns than ever before. In the last decade, candidates for state judgeships have raised more than 206 million dollars, which is more than double the 83 million raised by candidates in the 1990s.
– Lawmakers in Maryland and Washington D.C. are considering abandoning their traditional September primary dates, as the requirements of the newly passed “Military and Overseas Voter Empowerment Act” make it impossible to hold a primary so late in the year.
– There’s some controversy in New Mexico over whether Joe Campos, Democratic candidate for lieutenant governor, qualified to appear on the primary ballot. Mr. Campos received 19.69% of delegate votes in that state’s pre-primary nominating convention. Under New Mexico law, a candidate must receive 20% of the vote to appear on the ballot, and for the last week, the New Mexico Democratic Party has been debating whether to round up to 20% and allow Campos’s name on the primary ballot. Luckily for Campos, the party eventually ruled that the law requires them to round up. Interestingly, a Republican candidate who received 19.5% of delegate votes was kept off the primary ballot for failing to reach the 20% threshold.
-The Democratic Party is considering launching a 20 million dollar campaign to maintain or take control of seventeen pivotal state legislatures, in anticipation of 2011 redistricting. The party that controls those state legislatures will have the power to redraw 198 congressional districts.
– The Election Assistance Commission now provides voter registration forms in five Asian languages, Japanese, Korean, Tagalog, Vietnamese, and Chinese.
– Chris Biggs has been appointed the new Kansas Secretary of State. The previous Secretary of State, Ron Thornburg, resigned his position on February 15th, forcing Governor Mark Parkinson to appoint a successor to serve the remainder of the term. Kansas elects its Secretary of State and some fear that being appointed interim Secretary will give Biggs an unfair advantage in the upcoming Secretary of State campaign. Essentially, Biggs gets all the advantages of incumbency, without having to win an election in the first place.
– Check out our Citizens United and the States page, which tracks the impact of the Citizens United decision on the states. The page has reached 72 links and more are being added everyday.
Great Symposium…or Greatest Symposium?
March 19, 2010
When future generations study American history, they will need to memorize all the important dates. July 4th 1776, the signing of the Declaration of Independence. June 6th 1944, the D-Day invasion. January 20th 2013, the inauguration of Sarah Palin.
But one date will be remembered more fondly than the rest, and that date is March 18 2010, the date of the Fourth Annual William and Mary Election Law Symposium.
Yes, the Symposium was a resounding success. The turnout was great, our speakers were insightful, and the cheese and wine reception was delicious.
We’ll link to a video of the Symposium as soon as it can be uploaded. Sometime shortly after that, we’ll post a full transcript. Until then, here’s a brief summary of the day’s discussion.
Our three speakers were Trevor Potter, Jessica Amunson, and J. Gerald Hebert. The discussion was moderated by John Hardin Young.
Trever Potter began the Symposium with a discussion of the history of redistricting in America. He pointed out that a mere 50 years ago, nobody would have thought to have a conversation about redistricting. Until 1962, the Supreme Court had ruled that how states arranged their districts (apportionment) was a political question, best left to the other branches of government.
But in Baker v. Carr and Reynolds v. Sims, the Court reversed its position and allowed judicial intervention in apportionment cases. The courts therefore had to establish standards by which the constitutionality of the district could be determined. Most notably, the Supreme Court declared the “one man, one vote” principle, which required that districts be drawn in such a way as to have relatively equal populations, so that no person’s vote “counted more” just because they were in a less populated district.
Gerry Hebert spoke next, about how legislators tackle the problem of redistricting and dividing populations into tidy little districts. Legislators get a great deal of information from the census and other sources, including individual voting histories and racial voting patterns. Since redistricting is so critical to protecting incumbency, legislators will spend hundreds of thousands to hire a professional redistricting team to ensure the creation of districts that will withstand legal challenges.
Finally, Jessica Amunson spoke about redistricting reform and the future of redistricting. She noted that over 41 states had redistricting related litigation last census, and she expects that number to rise in the coming year. Much of that litigation ended with the courts having to redraw the districts, using standards and goals that are often contradictory. For example, the courts have recognized that incumbency protection is valid justification for drawing a district a certain way (as incumbents get more important positions on legislative committees), but courts also recognize the importance of ensuring partisan fairness and competitiveness.
The three speakers then took questions from the audience on a wide variety of census and redistricting related topics.
Then everyone got to enjoy delicious wine.
All in all, everybody had a great time, and we hope that next year’s Symposium will be even better.
Check back next week for a video and full transcript of the Symposium.
Interview with Jessica Amunson, Symposium Panelist and Redistricting Expert
March 17, 2010
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| Jessica Amunson |
On Thursday, William and Mary will be hosting a Symposium entitled “Back to the Drawing Board: The 2010 Census and the Politics of Redistricting“. One of the panelists is Jessica Amunson, associate at the Washington, D.C., based firm Jenner & Block, where she is a member of the Election Law and Redistricting practice. Ms. Amunson agreed to speak with State of Elections regarding redistricting reform.
In your opinion, what is the biggest issue for the 2010 redistricting effort? What issue should states, legislators, and politicians be most attuned to?
The biggest issue is always who is going to control the process. For an idea of what is at stake, take a look at Karl Rove’s piece in the Wall Street Journal on March 4th, in which he describes how the Republican party is targeting certain state legislative seats in an attempt to ensure that Republicans will control the legislatures that will then redraw the lines. According to Rove’s piece, “Republican strategists are focused on 107 seats in 16 states. Winning these seats would give them control of drawing district lines for nearly 190 congressional seats. Six of these states are projected to pick up a total of nine seats, and five are expected to lose a combined six seats.” So right now, the issue that everyone is focused on are the state legislative races this fall. (more…)
Election Law Symposium this Thursday!
March 15, 2010
The William & Mary Election Law Symposium is this Thursday, March 18th. The Symposium is titled “Back to the Drawing Board: The 2010 Census and the Politics of Redistricting” and our expert panel will be discussing various topics related to the upcoming nationwide redistricting efforts.
The panelists include:
– Trevor Potter, John McCain’s General Counsel for the 2000 and 2008 campaigns, founding President and General Counsel of the Campaign Legal Center, and member of the Washington, D.C., based firm Caplin & Drysdale.
– J. Gerald Hebert, Executive Director and Director of Litigation at the Campaign Legal Center, and former adjunct professor at Georgetown University Law Center where he taught courses on voting rights, election law, and campaign finance regulation.
– Jessica Amunson, associate at the Washington, D.C., based firm Jenner & Block where she is a member of the Election Law and Redistricting practice.
The discussion will be moderated by John Hardin Young, noted election lawyer featured in the movie “Recount,” Adjunct Professor at William & Mary Law School, and member of the Advisory Committee to the William & Mary Election Law Program.
Weekly Wrap Up
March 12, 2010
Every week, State of Elections brings you the latest news in state election law.
– The Idaho and Alaska legislatures have introduced bills to streamline the absentee voting process.
– A Mississippi proposal to require voter identification at the polls will appear on the 2011ballot.
– Election Systems and Software, the nation’s largest voting machine provider, has agreed to a settlement in an anti-trust action. ES&S will be required to sell off assets acquired in its recent merger with Premier Election Solutions.
-The Kansas legislature is considering a change to the state constitution that would protect the voting rights of the mentally ill.
– In San Francisco, Supervisor Ross Mirkarimi has proposed an amendment to the county charter that would allow same day voter registration. If passed, the amendment would make San Francisco the first county in California to allow same day registration.
Bye Bye Bayh, Hello Cougar
March 10, 2010
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| John Cougar Mellencamp, shown here considering the ramifications of the estate tax |
Senator Evan Bayh (D) of Indiana announced his retirement from Congress on the eve of the filing deadline in the Hoosier state. In Indiana, Senate candidates are required to submit 500 signatures from each of that state’s districts by the filing deadline in order to appear on the ballot. However, no Democratic candidate was able to accumulate the required signatures in the day between Bayh’s announcement and the filing deadline. Still, Democrats will get to field a candidate. Indiana election law provides “a candidate vacancy for United States Senator or a state office shall be filled by the state committee of the political party.” This announcement leaves the Indiana Democratic Party’s executive committee in control of selecting a candidate to replace the two-term Senator.
Bayh’s retirement may have come as a shock but an even bigger shock could result from the selection of Bayh’s replacement. The current Democratic frontrunner is Congressman Brad Ellsworth, but the blogsophere is abuzz with rumors of a possible celebrity replacement for Bayh. Indiana resident and reality tv star made famous from “The Girls Next Door” Kendra Wilkinson has some grassroots support for the position. Unfortunately for her, and fortunately for the people of Indiana, Ms. Wilkinson is two years shy of the age requirement to become a US Senator.
Another celebrity who could be a more serious contender for the seat is musician John Cougar Mellencamp. The Indiana resident is an ardent champion for social change, and he made frequent forays into the political realm with appearances at campaign events during the 2008 Presidential election. When the John McCain campaign used Mellencamp’s songs “Our Country” and “Pink Houses” at events during that same election cycle, Mellencamp asked them to stop using his song because he supported the Democratic candidates. A look at the lyrics in “Our Country” demonstrates Mellencamp’s support for the poor and the common man. The song advocates:
That poverty could be just another thing
and bigotry would be
Seen only as obscene
And the ones that run this land
Help the poor and common man
This is our country.
Mellancamp is also a founding member of Farm Aid, an organization that raises awareness about the plight of the family farm.
Mellencamp would not be the first unlikely candidate to join the ranks of the Senate. Former Saturday Night Live alumni Al Franken defeated incumbent Republican Norm Coleman during the 2008 Minnesota Senate elections. Mellencamp may lack the resume of Senator Bayh, but do not count him out of the race just yet. He boasts a Facebook group, Draft John Mellencamp for Senate, with more than 5,000 supporters backing his official jump into American politics. Last month, film critic Roger Ebert tweeted, “John Mellencamp (D-Ind.) has a nice ring to it.”
Mellencamp has not issued a release about his intentions to run for Senate but with his growing online support, the Democratic Party of Indiana may want to tune their dials to a Mellencamp nomination.
Martina Mills is a student at William & Mary Law School
Link:https://stateofelecdev.wpengine.com/2010/03/10/bye-bye-bayh-hello-cougar/
California’s Citizens Redistricting Commission: Do it Yourself Gerrymandering!
March 8, 2010
For too long, the joys of disenfranchising minorities and gerrymandering a district into irrelevancy have been selfishly hoarded by state legislatures. But in California, a group of 14 ordinary citizens will get the opportunity to draw the lines themselves, as members of California’s first Citizens Redistricting Commission.
The Citizens Redistricting Commission was created as a result of California’s citizen initiative process. California Common Cause, a nonpartisan organization for “open and accountable government”, proposed an amendment to the California Constitution that would take the task of redistricting out of the hands of the legislature and put it directly in the hands of the people. That proposed amendment became Proposition 11, also known as the Voter First Initiative, and was voted on by the people of California in the 2008 general election. Despite receiving support from a number of prominent figures, including Arnold Schwarzenegger and Michael Bloomberg, Prop 11 barely passed, receiving less than 51% of the vote. (more…)
Weekly Wrap Up
March 5, 2010
Every week, State of Elections brings you the latest news in election law.
– The Indiana Supreme Court heard oral arguments today regarding that state’s 2005 law requiring a photo ID at the polls.
– An Idaho bill to require a photo ID at the polls has passed that state’s House.
– Over 31,000 Californians have applied to be members of that state’s Citizen Redistricting Commission. In 2008, California voted to transfer the responsibility of redistricting from the legislature to a citizen’s committee. This Citizen’s Committee is unique among the states and the upcoming redistricting session will be its first test.
– A Virginia bill that would have created a bipartisan panel to prepare redistricting plans for the legislature has been shot down in a house subcommittee. The bill was proposed by Creigh Deeds, former candidate for Virginia governor, and passed unanimously in the state senate.
– The Justice Department is investigating the merger between voting machine manufacturers Diebold and Election Systems and Software.