Archives for October 2017

Removing Elected Officials in Virginia: Supreme Court to Clarify Requirements for Petitions for Removal

Election Law Society · October 30, 2017 ·

By: Cody Brandon

The Supreme Court of Virginia is set to consider an appeal that could drastically affect efforts to remove elected officials. Other than those officials for which removal procedures are specified in the Constitution of Virginia, removal procedure is governed by Virginia Code § 24.2-230 et seq. Unlike many other states that use recall elections, these statutes provide for the removal of elected officials by a circuit court for neglect of duty and misuse of office as well as convictions for various drug-related, sexual assault, and hate crimes. The process is initiated when a number of petitioners equal to ten percent of the total number of votes cast at the last election for the office sign a petition for removal stating the grounds for removal. The petitioners must be registered voters residing in the district which the officer serves. Once the action is instituted, the Commonwealth steps in (through a Commonwealth’s Attorney) as the complaining party, and the officer is subjected to a trial of sorts to determine if there are grounds for removal that satisfy § 24.2-233. [Read more…] about Removing Elected Officials in Virginia: Supreme Court to Clarify Requirements for Petitions for Removal

Can Virginia Become a Redistricting Unicorn like Iowa?

Election Law Society · October 27, 2017 ·

By Aaron Barden

There was a lizard on the floor of the James City County (JCC) government building’s Board of Supervisors meeting hall on August 8th, 2017. I was there to watch the board consider OneVirginia2021’s resolution, which in most cases does little more than declare support for non-partisan redistricting. But JCC’s resolution was different. The resolution had a paragraph tacked to the end that would have changed the County’s local redistricting procedure from a citizen board with no criteria-based restrictions (preventing use of party, no incumbency protection, etc.) to a reliance on the Board’s staff to draw the lines with such restrictions. [Read more…] about Can Virginia Become a Redistricting Unicorn like Iowa?

Legal Voter Suppression in New York?: Part I

Election Law Society · October 25, 2017 ·

By: Michael A. Villacrés

In April 2016, Sen. Bernie Sanders was closely chasing Hillary Clinton in the delegate race to capture the Democratic presidential nomination. The Sanders campaign staged outdoor rallies and made campaign stops across New York City in an ambitious bid to upset Clinton on her home turf. Sanders was hoping that increased voter turnout from young people across the city, especially in Brooklyn, his former childhood home, would provide enough votes to counter Clinton’s strength among minority voters. As it turned out, Clinton won handily 57% to 42%.

The New Evolution of Voter Registration in Massachusetts

Election Law Society · October 23, 2017 ·

By: Erik Gerstner

“The right to vote is the most fundamental of all,” wrote Suffolk Superior Court Justice Douglas Wilkins on July 25, 2017, in Chelsea Collaborative v. Galvin, in which he declared the Commonwealth’s law imposing a voter registration cutoff twenty days before an election to fall afoul of the Massachusetts Constitution. A case spearheaded by the ACLU, Chelsea Collaborative sought to end the nearly twenty-five year old law, which according to the plaintiffs disenfranchised thousands of eligible voters each election cycle. Indeed, according to the Boston Globe, nearly 20% of eligible voters said they were not registered to vote because they had missed the early cutoff date. According to precedent set over a century ago in Kineen v. Wells¸ 11 N.E. 916 (Mass. 1887), any legislation diminishing the rights of a constitutionally qualified citizen to vote “must be unconstitutional, unless it can be defended on the ground that it is reasonable and necessary.” Wilkins agreed with the plaintiffs that the current law clearly is neither reasonable nor necessary, and thus must be struck down.

Slaying the Gerrymander: How Reform Will Happen in the Commonwealth

Election Law Society · October 20, 2017 ·

By: Brian Cannon ’11 and Ben Williams ’18

Gerrymandering is a political tool that snuck its way into Virginia politics long ago. It has become problematic over time, threatening true democracy in the Commonwealth. This article outlines what those problems are, how other states reacted to similar issues, and what Virginia politicians have done to respond to gerrymandering. It offers proposed solutions to the issues, and calls upon the Virginia General Assembly and elected governor to take action.

To read the rest of the article, please visit the University of Richmond Public Interest Law Review.