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Archives for September 2012

Making Moves toward the Middle? The effects of California’s efforts to create a less partisan primary in 2012 elections

Election Law Society · September 30, 2012 ·

By Erica L. Clark

In 2010 California passed Proposition 14 (Top Two Primaries Act), an initiative expected to increase Independent Party participation by changing the structure of primary elections to discourage partisanship and deadlocks. Though other states, like Louisiana, have relied on a similar system, as Sam Robinson notes, the system is not without controversy. The new “open primary” system allows candidates to omit their party affiliation from the ballots and selects the top two candidates with the highest number of votes, irrespective of their affiliation, to participate in the general elections. While opponents of Proposition 14 believed this would restrict voters’ choice, proponents were hopeful that the measure represented a major step toward creating a more moderate state government less stifled by strictly partisan deadlocks. The question is: Since the act took effect in the 2012 primaries, will it produce a more moderate result for California state offices in the general election? [Read more…] about Making Moves toward the Middle? The effects of California’s efforts to create a less partisan primary in 2012 elections

Former Chief of the DOJ voting section visits William and Mary

Election Law Society · September 27, 2012 ·

Last week John K. Tanner visited William and Mary Law to talk to students about his 40+ years of experience in election law. Mr. Tanner is the former Chief of the voting section of the DOJ, having joined the section in 1976. Most recently, Mr. Tanner represented the Texas Legislative Black Caucus in the recent Texas redistricting suit.

Mr. Tanner met with students to discuss the complicated issues behind the Texas redistricting plan and the subsequent law suits. The suit represented by Mr. Tanner, along with similar suits filed, led to the Supreme Court’s approval of a federal court drawn plan late last month. Redistricting in Texas was taken out of the hands of the legislature after protests that the plan unlawfully discriminated against minorities. [Read more…] about Former Chief of the DOJ voting section visits William and Mary

W&M Supreme Court Preview features election law panel

Election Law Society · September 26, 2012 ·

Panel to augment two-day event

This year’s 25th Annual Supreme Court Preview will include a special election law panel. The panel will feature Joan Biskupic of Reuters, Debo Adegbile, the Acting President and Director-Counsel of the NAACP Legal Defense and Education Fund, and Michael Carvin of Jones Day. Paul Smith of Jenner & Block will moderate the panel to be held at William & Mary Law School in Williamsburg, Virginia on Saturday, September 29, 2012, from 9 to 9:50 am in Room 119. Those interested may register here. Students are welcome and encouraged to attend free.

About the Supreme Court Preview

The Institute of Bill of Rights Law marks the commencement of the new term of the United States Supreme Court each fall with its Supreme Court Preview Conference. The Preview brings together distinguished guests for a day and a half to discuss and analyze the Court’s upcoming term. Friday evening begins with the noted Moot Court, in which experienced Supreme Court advocates present arguments before our panel of mock Supreme Court Justices.

Please visit the Institute of Bill of Rights Law website for more information.

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Illinois party leaders: Unlimited candidate contributions for me, but not for thee

Election Law Society · September 22, 2012 ·

by Tony Glosson

A recent lawsuit filed by Illinois-based Liberty Justice Center poses an interesting question for campaign finance law: Should legislators be allowed to exempt their own party committees and leaders from limitations placed on contributions to candidates? The complaint, filed on behalf of Illinois Liberty PAC and amended to include a private citizen, alleges that Illinois Public Act 96-832 “…treats Illinois Liberty PAC and other nonparty speakers differently from similarly situated political parties” and that “this disparate treatment burdens Illinois Liberty PAC’s First Amendment rights to free speech and equal protection guaranteed by the Fourteenth Amendment…” [Read more…] about Illinois party leaders: Unlimited candidate contributions for me, but not for thee

Voter ID squabbles continue in Pennsylvania

Election Law Society · September 7, 2012 ·

by Patrick Genova

Starting this November voters in Pennsylvania will face stricter ID requirements at polling stations. A new law requires a voter to present an ID from a list of approved forms of identification each time before casting a ballot. Proponents of the new law, such as PA’s Republican Governor Tom Corbett, say the law will reduce fraud, but the new push for voter ID has many opponents asking about ulterior motives.

An Arizona State University, Walter Cronkite School of Journalism study found that voter impersonation occurred at a rate of only 1 in 15 million for in-person voting. By comparison, the PA Department of State and Transportation estimates that 9% of Pennsylvania’s eligible voters do not meet ID requirements. Analysts at the Brennan Center also point out that a five year prison sentence and $10,000 fine for each count of voter fraud makes it “a singularly foolish way to attempt to win an election.” [Read more…] about Voter ID squabbles continue in Pennsylvania

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