Archives for April 2016

Arizona’s Intrastate Battle To Regulate Dark Money Spending

Election Law Society · April 13, 2016 ·

By: Will Cooke

The regulation of political activity in Arizona took a contentious turn over the summer of 2015. What began as a disputed fine levied against an independent group known as the Legacy Foundation Action Fund after the 2014 gubernatorial election, now pits two prominent regulatory agencies against each other in a battle over the regulation of independent expenditures and the groups who run them. The ad in question focused its criticism on the U.S. Conference of Mayors and its president, Scott Smith. Though the ad ran in multiple states across the country, its message proved especially relevant for Arizonans who were considering Scott Smith, then the mayor of Mesa, AZ, as a candidate for governor in the Republican Primary. Shortly after the election, the Citizens Clean Elections Commission determined the ad constituted an “independent expenditure” advocating for the defeat of Scott Smith and imposed a $95k fine on the Foundation for failing to disclose their spending as a campaign expense.

Illinois Residency Requirements Allow Elected Officials to Continue to Hold Public Office In Illinois, Even After Moving to Another State

Election Law Society · April 11, 2016 ·

By Patrick Sebastian

As a result of the residence requirements for public office in Illinois, it seems to be the case that a person could hold elected office in Illinois while living in another state. According to the Chicago Tribune, this came as a surprise to parents of Illinois’ Crete-Monee school district when concerned resident, Tammy Burnham, began asking questions about one of the school board members, Edward J. Anderson, Jr., and found out that his absence at recent school board meetings was due to the fact that he lived in Jacksonville, Florida. Records indicated that Anderson had filed for incorporation, listing himself as the corporation’s registered agent and listing his address as a Jacksonville apartment. Further, his house in Crete has been in foreclosure for months, and Burnham claims Anderson’s neighbors told her that Anderson indicated he did not plan to return. It appears based on the facts that Anderson has moved to Florida—but he remains on the school board in Crete, and he cannot be removed for having left.

Recent New Jersey State Election Law Limits Delivery of Mail-In Ballots by Authorized Individuals

Election Law Society · April 8, 2016 ·

By Briana Cornelius

On August 10, 2015, the New Jersey legislature passed a new state election law, Public Law 2015, Chapter 84, which limits the number of “Vote by Mail” ballots that a designated delivery person can pick up and deliver on behalf of other registered voters. Under the New Jersey “Vote by Mail Law,” an “authorized messenger” is an individual who is permitted to obtain mail-in ballots for other qualified voters. Previously, authorized messengers were allowed to obtain up to ten ballots for delivery to other voters, and “bearers” were permitted to return an unlimited number of completed ballots to county election boards on behalf of other voters. The new law, which took effect immediately, reduces the number of ballots that both an authorized messenger and bearer can deliver to just three. This change in the law (you can see the previous version of the law here) represents the first time there has been any limit on the number of ballots that a bearer can deliver to county election officials.

California’s New Motor Voter Law Benefits the Young, Not Undocumented Immigrants

Election Law Society · April 6, 2016 ·

California Governor Jerry Brown has signed legislation that will allow for automated voter registration at the DMV for citizens obtaining or renewing a driver’s license or state ID. The law is being referred to as the New Motor Voter Act. California lawmakers are attempting to combat historically low voter turnout rates in the state by removing barriers to registration. The law will go into effect on the first of 2016, but it may not be immediately implementable. The goal is to have the system functional by the June 2016 primaries.

Why Aren’t Virginia Voters Voting in Year 3 Elections?

Election Law Society · April 4, 2016 ·

By: Melissa Ryan

Virginia holds elections every year in November: Year 1 for Governor (most recently 2013); Year 2 for the U.S. Congress (2014); Year 3 for the Virginia legislature and statewide and local offices (2015); and Year 4 for the President and U.S. Congress (2016).