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.
Vermont and Citizens United – An Interview with Gubernatorial Candidate Matt Dunne
March 3, 2010
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| Democratic candidate Matt Dunne |
Matt Dunne is a former Vermont State House Representative and State Senator. He served as the Director of the AmeriCorps*VISTA under both the Clinton and Bush administrations. Dunne plans to run for Governor in Vermont this November. On February 15th, he spoke with State of Elections about how Vermont may be affected by the decision in Citizens United.
Vermont, like many other states, may soon see the effects of the Supreme Court decision in Citizens United v. FEC. Currently, the Vermont legislature is looking at a small number of options to deal with the anticipated changes in corporate election spending during in their fall midterm elections. One option Dunne supports is mandatory disclosure of any corporate expenditure related to supporting a candidate. Ideally, Dunne believes this reporting method should be published “instantaneously, real-time or daily.” The federal government also plans to institute strict reporting methods through recently proposed legislation. With the upcoming elections, Dunne believes Vermont faces a similar time crunch. He urges, “We need to codify standards now.” (more…)
Know Campaign Update
March 1, 2010
In January, we brought you a piece about the Know Campaign and the privacy of your voting history. This post is an update on the lawsuit and changes to the statute:
Here’s a quick rundown of the situation: a non-profit wants to increase voter turnout by telling neighbors who voted in which election. Studies show that it would work. Turns out, only candidates and parties can legally get access to that information (the reality is another thing…). Virginia’s State Board of Elections tells the non profit to stop and they do. Then the non-profit sues b/c the voter history list should be open to all or closed to all.
Two weeks ago the lawsuit was dismissed in the Richmond Circuit Court. According to Bill Sizemore of the Pilot, a settlement was reached, though the group promised to re-file the suit if the law wasn’t changed to allow wider access to the information.
But there’s no guarantee that the changes to the statute will include wider access to the list. A legislative subcommittee has recommended that the list be closed to everyone, according to the Times-Dispatch’s Tyler Whitely. A list closed to everyone means that even candidates wouldn’t have access to a voter’s history either.
To legislators who want to save stamps or avoid knocking on the doors of their unpersuadable neighbors – this would be a huge problem. Campaigns already cost plenty, and according to some legislators this would drive up the cost of their races.
On the flip side of candidate convenience is voter privacy. While at first blush this may sound like the fox guarding the hen house, remember there are plenty of privacy advocates in the Virginia legislature who don’t have regular, expensive races to keep their seats.
The legislative session should end soon, so we’ll have an answer about what the elected officials think on this issue. The next move will be the Know Campaign’s.
Brian Cannon is President of the William & Mary Election Law Society
State of Elections Gets a New Look!
March 1, 2010
State of Elections has made a few changes to the appearance of the site. We have a brand new logo, a new search feature in the right column, and a crisper look overall. Our popular “CU and the States” feature has been moved to the top right of the page, under the new logo. It can also be found under the “Pages” category in the left column.
The transition to the new look has been relatively seamless, but if you experience any technical difficulties with the site, please email editor@stateofelections.com.
Weekly Wrap Up
February 26, 2010
Every week, State of Elections brings you the latest news in election law.
– The Hawaiian Office of Elections has set May 22nd as their target date for a special election to replace Congressman Neil Abercrombie. Due to that state’s budget troubles, the election will be held entirely by mail. For an overview of Hawaii’s recent election problems, go here.
– Senators Chris Dodd and Tom Udall have proposed a constitutional amendment to overrule the Citizens United decision. The amendment would allow the federal and state governments to place limits on the amount of contributions that can be made to a candidate and on the amount of expenditures that can be made by a candidate.
– A Georgia program for verifying voters’ citizenship has ruffled some feathers over at the Department of Justice. Under Section 5 of the Voting Rights Act, the DOJ has the right to stop any state election administration laws from taking effect. The DOJ has objected to the Georgian program, as it claims the state has not demonstrated that the program does not have a discriminatory purpose.
– The ALCU has appealed a federal court ruling that upheld Montana’s ballot access laws. Independent candidates seeking to run for statewide office in Montana must meet some of the stringent requirements in the country, including an early filing deadline and steep filing fees.
Interview with Minnesota Secretary of State Mark Ritchie
February 24, 2010
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| Minnesota Secretary of State Mark Ritchie |
Mark Ritchie, the 21st Minnesota Secretary of State, oversaw the state-wide recount of the 2008 U.S. Senate race between Norm Coleman and Al Franken. After the official canvass of votes following the 2008 election, the margin separating the top two candidates was less than .5% of votes cast, triggering a mandatory recount. Ritchie, as chair of the State Canvassing Board, oversaw the recount. The widely publicized recount took 47 days. Under Minnesota law, the candidate losing a recount has a right to judicial review. Norm Coleman did request a judicial review, a process that took an additional six months.
State of Elections co-editor Laura Deneke recently spoke with Sec. Ritchie regarding the state’s electoral process. (more…)
The Legislature Strikes Back: Citizen Initiatives in Washington State
February 22, 2010
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| Initiative proponent/Dark Lord of the Sith Tim Eyman appears in front of the Washington Secretary of State’s Office |
This past January, for the second time in two years, a bill has been filed with the Washington State legislature to amend the State Constitution, removing the provisions allowing for citizen initiatives and referendums. If passed by the state legislature, the measure would be sent to the voters for their approval at the next general election. Citizen initiatives are the process by which citizens and nongovernmental organizations can directly propose legislation. If the proposed legislature receives a certain number of signatures (a number equal to 8% of the voters in the previous gubernatorial election), the proposal is then voted on by the people of the state, completely bypassing the legislature. Referenda require fewer signatures, but the proposed legislation must still be voted on by the legislature.
The bill, proposed by state Senator Ken Jacobsen, would remove the entirety of Article II, Section 1 of the Washington Constitution, as well as other sections that acknowledge the initiative and referendum process. The initiative process is constantly being challenged by lawmakers, and this bill is just the latest debate in a long battle in a number of states, mostly in the West, where the use of initiatives is common. Proponents of citizen initiatives argue that they are vitally important to ensuring the people have a say in their own government, while opponents argue that they interfere with the functioning of the legislature and government.
The initiative process has often been seen as the purest form of direct democracy, giving the most voice to individual citizens. Tim Eyman, intuitive guru and anti-tax crusader, had harsh words for Jacobsen and his initiative, as well the sponsors of other bills that would regulate the signature-gathering and initiative-filing process. Eyman calls the bill a “legislative jihad”, and claims that Ken Jacobson “is the most honest elected official on this issue. He’s openly pushing to take our rights away from us. The sponsors of the other anti-initiative bills…hide their opposition and seek to impose unneeded, costly requirements on citizens so as to effectively repeal the initiative process with a stealth “regulate to death” strategy.” (more…)