Archives for November 2015

Nebraska’s Death Penalty Saga: Referendum on the Plains

Election Law Society · November 16, 2015 ·

By: Eric Sutton

Background and the Referendum Process

On Wednesday, May 27^th, 2015, the Nebraska Unicameral Legislature eliminated capital punishment through LB 268. The bill was approved over a veto by Governor Pete Ricketts, by a no-votes-to-spare 30-19 margin, and marked the end of State Senator Ernie Chambers’ 39-year effort to end the death penalty in Nebraska. The repeal made Nebraska the first conservative state to eliminate capital punishment in more than 40 years. However, immediately after the repeal, State Senator Beau McCoy, a conservative, expressed his frustration over the vote and announced his intent to pursue a ballot initiative to reinstate the death penalty. Less than one week after the repeal and Sen. McCoy’s statements, a group named Nebraskan’s for the Death Penalty (“NFDP”) filed the appropriate paperwork with the Secretary of State to reinstate the death penalty by referendum.

Wisconsin Senate Passes Campaign Finance, Election Board Overhauls

Election Law Society · November 13, 2015 ·

By Dan Sinclair

In a lengthy session stretching from last Friday night to the early hours of Saturday morning, the Wisconsin Senate voted to approve a pair of bills making significant changes to the state’s campaign finance laws and election oversight. The latter provision entailed an official plan to replace Wisconsin’s Government Accountability Board (GAB), a nonpartisan elections and ethics board. Republican legislators had made both issues a priority in recent months, with last weekend’s vote coming less than a month after legislators held a hearing to propose sweeping changes.

Compactness and Political Considerations in Virginia General Assembly Districts

Election Law Society · November 11, 2015 ·

By: Emily Wagman

On September 14^th, fourteen plaintiffs represented by DurretteCrump PLC filed suit in the Circuit Court for the City of Richmond against the Virginia State Board of Elections, alleging that their respective House of Delegates and State Senate districts are not compact. Compactness is one of the Virginia Constitution’s three redistricting criteria. Along with compactness, the Voting Rights Act (VRA) requirements, and the “one person, one vote” requirement, districts must be contiguous and as close to equal in population as possible. Contiguity and equal population are relatively easy to determine, by looking at the proposed maps and the population data, respectively, compactness is more complicated.

The Territorial American Exceptionalism to the Fundamental Right to Vote

Election Law Society · November 9, 2015 ·

By Ajinur Setiwaldi

Voting is one of the most fundamental rights of U.S. citizens. Congress explicitly states as much in the National Voter Registration Act. Chief Justice Warren invoked the principle when delivering the Reynolds v. Sims opinion in 1964, stating, “undoubtedly, the right to suffrage is a fundamental matter in a free and democratic society.”

If you’re a U.S. citizen born and living in Puerto Rico, the U.S. Virgin Islands, Northern Marina Islands, or Guam, your right to vote in federal and presidential elections is a lot less fundamental than that of citizens living on the mainland. If you’re willing to move to one of the 50 states, you can join the franchise. Even if you move to D.C., you will still have a larger say on who the next president will be than you would if you live in the territories thanks to the 23^rd Amendment.

David Baugh Lecture: “Lynching, Literacy Tests, & ID Cards, The Suppression of Minority Voters”

Election Law Society · November 6, 2015 ·

By: Caiti Anderson

As an editor of this blog, I keep a constant eye out for election law events to report. Fortunately (for both the blog and myself), I am exposed to brilliant thinkers and passionate advocates. On October 27^th, I attended David Baugh’s excellent lecture, “Lynching, Literacy Tests & ID Cards: The Suppression of Minority Voters,” hosted by the Wolf Law Library. Mr. Baugh is a Richmond-based criminal trial lawyer dedicated to protecting and defending the Constitutional rights of all. Some of his career highlights include representing members of al-Qaeda and the Ku Klux Klan in high profile civil rights cases. The American Bar Association, Virginia State Bar, and Old Dominion Bar Association have all recognized Mr. Baugh for his fearless advocacy. He lives by the maxim he related during the lecture; “Protect the rights of people whom you don’t agree with, because when you do, you defend the rights of America.”