State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Campaign Contributions Playing Increasing Role in Illinois Judicial Elections

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By Carl Zielinski

Although previously thought above the campaign tactics of the political branches, in recent years, judicial elections have become the most recent political dark money battleground. Judicial races are considered “low-information,” in that voters are often unfamiliar with specific candidates; advertisements against one of a judge’s past opinions could constitute all a potential voter knows about a given candidate.  In this way, a comparatively small amount of money can play a significant role in a judicial election. [Read more…] about Campaign Contributions Playing Increasing Role in Illinois Judicial Elections

Vote-Flipping in Maryland: The Consequence of Voting with Dinosaurs

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By Caitlin Whalan

The gubernatorial race in Maryland, the notoriously blue state, was tighter than anticipated. Larry Hogan, the Republican nominee, narrowly beat out the Democratic candidate, Lieutenant Governor Anthony Brown. Now that the dust is beginning to settle from the shocking upset, a new issue is creeping into the forefront: faulty voting machines. [Read more…] about Vote-Flipping in Maryland: The Consequence of Voting with Dinosaurs

Lawsuit Challenges New Hampshire Ban on “Ballot Selfies”

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By Sarah Graffam

In a recent lawsuit, the New Hampshire Civil Liberties Union challenged a law that prohibits the posting of photos of marked ballots on social media. The NHCLU states, “there is no more potent way to communicate one’s support for a candidate than to voluntarily display a photograph of one’s marked ballot depicting one’s vote for that candidate.” NH RSA 659:35(I) bans a person from displaying a photograph of a market ballot, including on the internet through social media platforms like Twitter, Facebook, and Instagram. A willful violation of this statute may be punishable by a fine up to $1,000. [Read more…] about Lawsuit Challenges New Hampshire Ban on “Ballot Selfies”

Texas is Shining the Light on the Dark Money in State Politics

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By Vanessa Rogala

The Lone Star State has decided to shine some of its Texas sun on the dark money used in elections. “Dark money” is a phrase commonly used to describe donations made by undisclosed donors. For the last several years, dark money been a growing concern in federal and state elections. According to the Center for Responsive Politics, spending by political organizations that do not disclose their donors increased from approximately $5.2 million in 2006 to over $300 million in the 2012 election. Some credit this rapid increase in dark money to the United States Supreme Court’s decision in Citizens United v. Federal Election Commission, which held that the federal government could not limit organizations from spending money to influence the outcome of elections. And, in an 8 to 1 decision, the Supreme Court also held that Congress can compel disclosure of that  money spent on influencing elections, stating, “prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters.” The Supreme Court’s push for disclosure, however, launched the creation of super PACs and the growing use of disclosure loopholes. Given how quickly dark money has become an influential factor in elections, many states, including Texas, are attempting to address dark money within their borders. [Read more…] about Texas is Shining the Light on the Dark Money in State Politics