Archives for March 2017

Defining “Compactness”: Meaningless Truism or Gerrymander Slayer?

Election Law Society · March 31, 2017 ·

By: Ben Williams

This past week, an upstart election law reform organization in Virginia garnered national attention for a lawsuit that could redefine the legal strategies of anti-gerrymandering activists across the country. Per Article II, § 6 of the Virginia Constitution, “[e]very electoral district shall be composed of contiguous and compact territory…” (emphasis added). Virginia is not alone in requiring its districts to be compact—a majority of states have such a requirement. But while the word “contiguous” is easily defined (all parts of the district are connected in a single, unbroken shape), the political science community lacks a common understanding of what exactly contiguity is. As a threshold issue, there are two potential ways to measure a district’s compactness: spatially (the physical shape and area of the district) or demographically (calculating the spread of persons within a given district). While many states do not define which of these measures should govern, or if one should be preferred over the other, the Virginia Supreme Court in Jamerson v. Womack said the language of Art. II (cited above) “clearly limits [the Article’s] meaning as definitions of spatial restrictions in the composition of electoral districts.” Thus, one of the key questions the Circuit Court judge and the attorneys in the case had to address was how to measure spatial compactness in Virginia?

Balancing Nonpartisan Judicial Elections with Candidates’ First Amendment Rights in Kentucky

Election Law Society · March 30, 2017 ·

By: Carrie Mattingly

In Kentucky, all state court judges are elected in nonpartisan elections. Kentucky’s Code of Judicial Conduct seeks to keep candidates on nonpartisan message. But the 6th Circuit Court of Appeals recently struck down some judicial campaign restrictions on First Amendment grounds.

One sitting and two aspiring Kentucky judges brought suit to stop the enforcement of these judicial canons against them. Robert A. Winter, Jr. distributed campaign literature identifying himself as a “lifelong Republican,” and he received a letter stating that this literature may have violated the canon prohibiting campaigning “as a member of a political organization.” Judge Allison Jones asked voters to “re-elect” her, even though she was initially appointed to her seat, and pledged to provide stiff penalties for heroin dealers if elected. She also received a letter stating that her “re-elect” statement may have violated the canon prohibiting “false and misleading statements” and that her “stiff penalties” comment may have been an impermissible “commitment” inconsistent with the impartial performance of judicial duties. Finally, Judge Cameron J. Blau wished to give speeches supporting the Republican Party, to hold Republican fundraisers, to seek and receive Republican endorsements, and to donate to candidates and to the party, but he refrained in fear of sanctions.

Easy Reading? California’s 224-page Voter’s Guide

Election Law Society · March 28, 2017 ·

By: Tyler Sherman

As November 8—election day—drew closer and Californians geared up to cast their ballots, election officials mailed out the state’s Official Voter Information Guide. The guide listed and explained each of seventeen ballot propositions—the most to appear on a single ballot in sixteen years. But not only was the ballot replete with more propositions than in any election in nearly two decades, the Guide itself set the record of being the longest voter guide in California’s history, at an enormous 224-pages long.

In a Battle Between the Delaware General Assembly and a Municipality, The Legislature Won: How A New Delaware Law Prevents Municipalities from Establishing Burdensome Registration Requirements for Municipal Elections

Election Law Society · March 24, 2017 ·

By: Ecker Owen

According to a fairly recent survey conducted by the United States government, some 25.7 percent of Americans traveled to the beach over the preceding twelve-month period. Moreover, in the mid-Atlantic region of the United States, the beach season typically is considered to be between Memorial Day and Labor Day. Therefore, many people from the surrounding areas and states take a week off of work in the summertime, travel to towns along the beach with their friends and families, and then go back to their normal existences after their vacations have concluded. But in all of this seasonal transiency, there are several questions that the average vacationer would never even bother think about: what happens to beach communities during the other approximately nine months out of the year, and who continues to live in those places during that non-summer time period? The fact remains that a sizeable number of individuals live in beach communities during non-peak months. Furthermore, like other, more static communities, beach communities require the existence of local governments to provide services and write ordinances that protect their constituents. Obviously, these municipal governments necessitate the presence of elected officials to execute the governing process. However, problems arise over the question of whether individuals existing within these communities for short periods of time should have the right to vote in these municipal elections.
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Campaign Finance Woes in Connecticut: State Democratic Party, Governor Again Accused of Misusing Funds in 2014 Elections

Election Law Society · March 22, 2017 ·

By: Cris DeBlaise

When seeking reelection in 2014, Connecticut incumbent Democratic Governor Dannel Malloy was neck-and-neck in one of the closest gubernatorial races in the country. In a last-minute attempt to garner more support, Malloy and his team spent over $250,000 to send out a pro-Malloy mass mailing in the weeks leading up the election. Though the effort itself does not sound controversial, the way the election mailer was financed set off alarm bells at the state—and now federal—levels.