State of Elections

William & Mary Law School | Election Law Society

Archives for October 2010

Weekly Wrap Up

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Is World Wrestling Entertainment political advertising?  According to election officials in Connecticut, it is.  They have told poll workers that they can ask voters wearing WWE gear to cover it up, fearing that it could be construed as political advertising for Republican Senate candidate Linda McMahon, who is also the former CEO of WWE.  Officials said that McMahon is so closely associated with WWE that the gear could easily be considered a violation of rule banning political campaigning within 75 feet of a polling station.  McMahon’s husband, Vince McMahon, said that this was a violation of WWE fans’ First Amendment rights and would deny them their right to vote.  Connecticut Republicans are also up in arms, with the State Party Chairman calling the action “voter intimidation.” This is not unprecedented, however; a similar rule was in place in California, forbidding voters from wearing “Terminator” gear when Arnold Schwarzenegger was on the ballot.

The 9th Circuit struck down part of Arizona’s voter registration laws on October 27, holding that the provisions of the law requiring proof of citizenship conflicted with the federal law. The federal law only requires that applicants “attest their citizenship under penalty of perjury”, while the 2004 voter-approved initiative in Arizona required applicants to register to vote to show proof of citizenship by providing one of the documents on the approved list. The citizenship requirement was “an additional state hurdle” to registration, something the federal law was trying to prevent. The 9th Circuit appeals panel–which included retired Supreme Court Justice Sandra Day O’Connor–did not, however, overturn the requirement that voters show identification at the polls in order to vote. [Read more…] about Weekly Wrap Up

An Amendment for One Man? Connecticut Amends the Citizens’ Election Program

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Once again the citizens of the Constitution State are questioning the actions of their politicians.  The bi-partisan ‘Clean Elections’ Act has been amended on party lines and sparked serious debate.  With the upcoming Gubernatorial Election, both parties have much at stake, and immediate changes were necessary in light of the 2nd Circuit’s ruling that a part of the act was unconstitutional.  But with the way these changes were adopted, the citizens of Connecticut are wondering if these adaptations are really just making their ‘Clean Elections’ Act dirty.

The original Citizens Election Program (“CEP”) was established under the ‘Clean Election’ Act’s passing in 2005 during a time of political turmoil in Connecticut.  Governor John Rowland’s 2004 resignation amid controversy regarding inappropriate interactions with state contractors helped to contribute to the bill’s support.  Its passage establishemaloyd public financing for all statewide races, banned contributions from contractors and lobbyists, and was widely considered to be a model system for publicly funded elections.  Currently, Connecticut is also operating a pilot program for public financing of municipal elections, which is the first of its kind among the states.  The CEP has been widely supported from both sides of the aisle in Connecticut and beyond. [Read more…] about An Amendment for One Man? Connecticut Amends the Citizens’ Election Program

Early Voting in Ohio: Voters Take it Easy as the System Tries to Adjust

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Ohio law has allowed early voting since 2005, but the 2010 election will be only the second time that the full slate of statewide offices will be up for election the ballot.  Though the political parties, county election boards and yes, even the Tea Party, are now operating with the new system in mind, one question remains: is it all worth it?

Currently the Ohio voting period stretches for 35 days. Voters may vote early for any reason either in person at their county board of elections office or by mail until November 1. Additionally, the law has created the controversial so-called “golden week“, where citizens may register and cast absentee ballots at their board of elections on the same day. In 2009, the early voting law actually resulted in Barak Obama winning the state even though more votes were cast for John McCain on November 4, 2008, “Election Day”. However, it seems that, rather than dramatically increasing voter turnout, early voting is simply forcing a shift in old campaign strategies, due to timing issues, and making voting more convenient for those who otherwise would have voted anyway. [Read more…] about Early Voting in Ohio: Voters Take it Easy as the System Tries to Adjust

You Know What Election Day Needs? More Stickers!

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Can you spell Nakamura? San Diego School Board trustee Katherine Nakamura, who is attempting a write-in reelection bid, thinks it’s a doozy, and wants her voters to be able to use stickers with her name pre-printed on them.  Unfortunately for her, she lost in the primary election, and San Diego city rules say that write-in campaigns are not permitted.  Nakamura has brought her case before the California Superior Court, requesting that she be permitted to stage a write-in campaign and that voters be permitted to place stickers with her name on them on the ballot, rather than actually writing in her name.  The court has yet to decide whether any write-in votes will count, but it gave Nakamura the green light to seek the 200 signatures required to qualify as a write-in candidate.  The court did decide, though, that Nakamura can distribute stickers, and that voters can bring the stickers to the polling places, but that they may not paste them on the ballot.  Indeed, California law prohibits the use of stickers to express votes for write-in candidates.  Does this law make sense?  Is it constitutional?  This post seeks to analyze the arguments for and against such a law.

In 1926, the California Supreme Court decided that the placement of a sticker on a ballot is not “writing,” and as such is not a permissible way to vote for a write-in candidate.  In support of its position, the court explained the repercussions of allowing the use of stickers, quoting the Illinois Supreme Court: “[I]f [stickers] may be resorted to by one candidate, they may be by all, and the official ballot might become but little more than a convenient card upon which to paste private tickets printed and circulated in secret. The use of such tickets would revive the evils sought to be guarded against by ballot law.” [Read more…] about You Know What Election Day Needs? More Stickers!

Weekly Wrap Up

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A 1996 Federal Appeals Court decision is forcing DC TV stations to air “anti-abortion porn.” Missy Smith is a candidate for the DC congressional seat, though many people claim that she is simply an “anti-abortion extremist, who has found a cheap way to get some truly disgusting images onto daytime and primetime TV.” The 1996 federal appeals court decision prevents any censorship of election ads. Prior to this case, FCC Chairman Mark Fowler advised that “The no censorship prohibition in Section 315 was intended to override the statutory prohibition against the broadcast of obscene or indecent materials that is etched in Section 1464 of the Criminal Code” (cited in Gillett Communications v. Becker, 1992). Since the U.S. Supreme Court recently struck down the FCC’s “decency” regulations, freeing the airwaves for uncensored material, so it’s unlikely that Becker will be overturned soon. In the meantime, the video has been removed from YouTube because it violates its policy on “shocking and disgusting content.”

The National Organization of Marriage (NOM), a group opposing gay marriage, is trying to fund an ad in support of Carl Paladino in NY while skirting the election law requiring them to reveal their donors.  Accordingly, they have asked a federal judge to declare NY Election Law §14-100.1 unconstitutional, alleging that it chills their freedom of speech.  NOM would fall under the reporting requirement because they have the goal of “seeing the success of defeat of…political principle[s].” [Read more…] about Weekly Wrap Up