State of Elections

William & Mary Law School | Election Law Society

Election Law Society

An Extended Vacation for Pennsylvania’s Voter ID Law

· ·

by Joshua Bohn, Contributor

On August 16, 2013, Pennsylvania Judge Bernard McGinley issued a preliminary injunction to block Pennsylvania’s Voter ID Law from affecting Pennsylvania elections in November. This preliminary injunction was the result of a lawsuit, Applewhite v. Commonwealth. Though the trial concluded on July 31, 2013, the judge is still deliberating on whether a permanent injunction is appropriate. However, the preliminary injunction made it clear that Pennsylvania voters will not be required to show poll workers photo identification in order to vote in the 2013 November general election. The  injunction also restricted the voter ID law’s “soft rollout” features. These features would have required poll workers to inform voters that they would need photo ID to vote in the next election. The judge’s recent preliminary injunction does away with this requirement. Poll workers may still ask to see photo ID, but the voters still do not have to produce it in order to vote.  [Read more…] about An Extended Vacation for Pennsylvania’s Voter ID Law

Slating In Judicial Elections: Fair or Foul? Case To Proceed In Federal Court

· ·

by Henry Alderfer, Contributor

Marion County. It is the hometown of the Indianapolis Colts, the author of this post, and a recent voter ID suit brought before the Supreme Court of the United States.  Last fall, the American Civil Liberties Union (ACLU) and Common Cause brought a suit in the Southern District of Indiana alleging the way Marion Superior Court judges are elected is unconstitutional. [Read more…] about Slating In Judicial Elections: Fair or Foul? Case To Proceed In Federal Court

Kentucky Felon Voting And The Fate Of HCS HB 70

· ·

by Richard Spoor, Contributor

The restoration of felon voting rights has slowly come to the Blue Grass state.  Section 145 of the Kentucky Constitution excludes those who have been convicted of a felony, bribery in an election, or treason from voting.  Felons, regardless of the variety of crime committed, are prevented from voting for life and the only way they can reestablish their voting rights is by applying to the governor.  Kentucky’s felons are “socially dead” having basic rights permanently withheld, most notably the right to vote.  However, there is a movement in Kentucky to change these somewhat draconian laws.  Bills amending the constitution’s section 145, while unsuccessful to date, have been introduced and have gained popularity.  Additionally, popular politicians have thrown their weight behind the movement.  It is entirely conceivable, if not probable, that Section 145 will be amended in the near future.  [Read more…] about Kentucky Felon Voting And The Fate Of HCS HB 70

Modern Obstacles to Voting: Oregon’s Failed Attempt at Automatic Voter Registration

· ·

by Megan Thomas, Contributor

As much as we focus on getting out the vote for each election, the first step in voting usually takes place long before election day. Throughout the United States, citizens must register before they are allowed to vote.  Though some states allow same-day registration, most states require that voters register in advance of an election. Advance registration makes voting a multi-step process and is widely considered to be a barrier to voter access. [Read more…] about Modern Obstacles to Voting: Oregon’s Failed Attempt at Automatic Voter Registration

Language of Voting

· ·

by Adam Barger, Contributor

Proper oversight of voting policy and procedure is being questioned in Alaska’s elections due to the lack of language assistance for Yup’ik speakers. The federal lawsuit, Toyukuk v. Treadwell, filed by the Native American Rights Fund (NARF), claims that Alaskan officials have violated the Voting Rights Act, as well as the 14th and 15th Amendments, by failing to provide appropriate language assistance to native Yup’ik speakers. The suit claims this lack of assistance has  prevented them from fully participating in the election process and suppressed voter turnout. According to a case update on the NARF website,  Natalie Landreth, Senior Staff Attorney with NARF, “Without complete, accurate, and uniform translations, the right to register and to vote is rendered meaningless to many Native voters.”

[Read more…] about Language of Voting