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What’s in a date? Moving school board elections in New Jersey

Election Law Society · October 30, 2012 ·

by David Noll, Staff Writer

The way that seemingly innocuous procedural matters can shape the outcomes of elections is quite frightening. This year, New Jersey’s school board elections will showcase this phenomenon. Towns in New Jersey are now allowed to move their elections from mid-April to November 6th. Most districts have made the change in order to capitalize on a lower cost to hosting the elections. Also, by moving the elections districts are allowed to increase budgets within the district’s tax levy. The state passed legislation allowing this in the hopes of producing higher voter turnout. This isn’t a new idea. Other states hold school elections along with the general elections and states like New York have talked about moving the election date for decades. So why would it matter to change the date?

In the past, estimates for school board election turnout ranged from 25% to under 15% of registered voters in the state. In 2010, 55.6% of New Jersey citizens were registered to vote; New Jersey had a total population of approximately 8.8 million people, meaning between 0.6 and 1.2 million people in Jersey care about school board elections enough to vote. The problem may be in putting the levers to vote in front of the 36.2% of New Jersey that goes to vote in the general election (or 3.2 million people). As long as the current school board voters are a more homogenous group then the total electorate, the outcomes and interests of school board elections will face pressure to shift.

Part of the incentive for districts to move their elections to Nov 6th is that by doing so they may increase their budget within the tax levy (~%2) without needing a vote on the budget. This was a good move by legislators. Without this provision, few districts would pass their budgets once the new voting body shows up on the 6th[P1] . The new school board election date is going to see a voting body closer to that of the state average in all demographics. If the old voting group had higher than average numbers of parents and grandparents in it, who may have been willing to increase school budgets, then the new voting group will, theoretically, be broader and less inclined to vote for increased taxes and school budgets.

By allowing the board to increase the budget for the coming year without a vote there is now a larger incentive for tax conscious voters to take an active role in school boards. When this is combined with a larger, less education-oriented voting group, the chance that voters will deny budget increases is higher.

This is bad for the schools but it is also bad from an electoral standpoint. America doesn’t have compulsory voting so that people that don’t want to vote or don’t care about electoral outcomes are free to abstain. A simple calculation using rational voter theory shows us that the voters who already turn out to school board elections benefit more. Those that will vote out of convenience only do so because their cost to voting, or their minimum required level of interest, is reduced.

This year’s elections won’t result in a large-scale change to school boards. Undoubtedly, some veteran board members will lose their seats to new faces that campaign to the full electorate better. And in the first year, budgets are going to increase as they have in the past. Keep in mind that the board from the year before writes the budget for the coming year. It is in the next few years that the change will be most evident. The broadening of the voting body and shifting of those voter’s goals means that candidates for school boards will change as well.

Because elections are an iterated game, as the voters and the candidates get a better feel for the new playing field the best campaigners will move away from the interests of schools and parents. Instead, their primary interest will be on the taxes that fund schools. If this newer group in the electorate realizes the power they have, then it is unlikely that veteran board members will get re-elected unless they move from their pro-education focus.

For districts that did choose to move elections to Nov 6th, they are ineligible to move the elections back into April for four years. This is a good length of a test period for an electoral change. The worry is that by the end of four years the board members will have been elected by the general voting body of New Jersey and not the original smaller body who had a motivating interest in the elections in the first place. Meaning that, like in all other elections, the man who won by the rules in place will be hesitant to change them.

David Noll is a first-year student at William & Mary Law School and a Staff Writer for the State of Elections blog.

permalink: http://stateofelections.pages.wm.edu/2012/10/30/4590/

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Is a “Top 2” Primary in Arizona on the Horizon?

Election Law Society · October 30, 2012 ·

by James Adam

Come November, voters in Arizona will have the opportunity to drastically alter their election law. If passed, Proposition 121, the “Open Elections/Open Government Act,” will constitutionally eliminate politically affiliated primary elections. The new scheme will allow primary voters to vote for any candidate they wish, regardless of party registration. Although not a requirement, this new law will give voters the option of writing on the ballot their party affiliation when they cast their vote.  Currently Arizona has closed primaries, and voters are allowed to vote solely within their own registered party. If Proposition 121 passes, a primary between all the candidates will occur, and voters will be entitled to vote for whichever candidate they prefer. The two candidates acquiring the most votes will subsequently be placed on the general election ballot. Therefore, it is possible for a scenario where two Republicans gain the most votes in the primary, so both of their names appear on the final general election ballot.  There would thus be no Democratic or third party options. Current examples of states using the top-two primary format include Washington and California. [Read more…] about Is a “Top 2” Primary in Arizona on the Horizon?

Double Dipping? Kentucky Redistricting Plan Creates Dual District Voting

Election Law Society · October 29, 2012 ·

Every two years voters from around Kentucky flock to their precincts to select their member for the United States House of Representatives. As a result of months of candidates’ television and print ads, most voters know the number of their district. However, this year on November 6th when Kentuckians from Bath, Fleming, Harrison, Nicholas, Robertson, and Scott counties open their ballots they will find candidate choices in two different congressional districts. Their ballots will look similar to this one, in that it will list a special election for the 4th Congressional District and a general election for the 6th Congressional District. Such an election peculiarity is not a print mistake by the State Board of Elections. Rather, the cause of this dual district voting is both Kentucky’s new redistricting plan and Representative Geoff Davis’s resignation from Congress.     [Read more…] about Double Dipping? Kentucky Redistricting Plan Creates Dual District Voting

Emergency Managers: An unconstitutional power grab or necessary evil?

Election Law Society · October 29, 2012 ·

by Lauren Fibel

When a city or school district is unable to pay their bills, and a state’s credit rating is in jeopardy as a result, what options do states have? On November 6th,  Michigan voters will decide the fate of Public Act 4, which Governor Rick Snyder signed into law in March of 2011. Public Act 4 allows the state government to appoint emergency managers for those cities or school districts who are in danger of defaulting on their obligations. Controversially, these emergency managers can act in place of the elected government officials and are allowed to act in what they determine is the best manner for the city. Emergency managers are allowed to renegotiate or terminate the school district’s or city’s contracts, sell city or school district property, acquire debt to be paid back by tax payers and even determine what services and expenditures the city will continue to provide. Currently, more than three cities and two school districts in Michigan are governed by emergency managers, yet some citizens feel that this type of appointment is an unconstitutional power grab.  [Read more…] about Emergency Managers: An unconstitutional power grab or necessary evil?

Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

Election Law Society · October 28, 2012 ·

by Pamela Kalinowski

In July 2011, the Indiana state legislature passed a law that allows citizens to openly carry firearms at all polling places except for schools and courthouses. This law has been praised as a protective measure of a citizen’s right to bear arms and exercise self-defense. For many states, this kind of law would present enough difficult policy questions all on its own, but it raises
particularly charged issues for Colorado, a state that has found itself a consistent subject of both the election and gun debates.

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Two of the most deadly, high-profile shootings in U.S. history have occurred in Colorado–the Columbine and Aurora shootings, the most recent of which occurred this past summer–and have sparked renewed gun control debates. Even more recently, Colorado’s active Secretary of State, Scott Gessler, was involved in a controversial “voter purge” when his office “sent letters to nearly 4,000 people questioning their citizenship as part of a plan to have them voluntarily withdraw or confirm their eligibility to vote” (Huffington Post). Colorado democrats claimed that Secretary Gessler attempted to intimidate or disenfranchise voters, thousands of whom proved to be state citizens. With recent events concerning both gun control and voter intimidation, should Colorado adopt an Indiana-like law and guarantee citizens the right to openly carry firearms at polling places across the state, overriding any local laws that prohibit the practice? [Read more…] about Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

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