State of Elections

William & Mary Law School | Election Law Society

Election Law Society

The Battleground 2012: The Public Financing of Judicial Candidates in North Carolina after Arizona Free Enterprise v. Bennett

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by Justin Moore

In 2002, North Carolina passed the Judicial Campaign Reform Act (JCRA). A major part of this law created a system for the public financing of all statewide judicial races in North Carolina. The fund is paid for by a combination of state bar licensing fees and a voluntary income tax check off. By agreeing to very low “qualifying contribution limits” from donors (generally $500 per person and about $80,000 overall), statewide judicial candidates can qualify for public funds. If they raise around $40,000 from 350 or more North Carolina residents between the filing deadline and the primary election, they receive about $165,000 to $240,000 (depending on the office sought) in campaign funds from the state. If an opponent or opposition groups spends more than the amount given by the fund, candidates are entitled to receive rescue funds of up to double the amount they initially received. The availability of these “rescue funds” most notably played a pivotal role in assisting the current Chief Justice Sarah Parker win her 2006 re-election campaign against a challenger who did not take public financing. [Read more…] about The Battleground 2012: The Public Financing of Judicial Candidates in North Carolina after Arizona Free Enterprise v. Bennett

The Battleground 2012: ID Required to Vote! No Scratch That, Not Until Next Year

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by Jenna Poligo

On October 2, 2012 Judge Robert Simpson issued a preliminary injunction prohibiting the enforcement of Pennsylvania’s photo identification requirement for the upcoming election.  Judge Simpson, however, required the state to continue its 5 million dollar voter education program.  In addition, the injunction does not bar the state from requiring poll workers to request identification prior to voters casting a vote.  The injunction merely prohibits the state from preventing registered voters from voting if they fail to produce identification when asked on Election Day.

The continuation of the voter education program combined with the ability to ask voters to produce identification prior to voting runs the risk of creating serious confusion among voters.  In addition, the continued message to voters that valid identification is necessary to vote may deter many would-be voters from participating in this election.   [Read more…] about The Battleground 2012: ID Required to Vote! No Scratch That, Not Until Next Year

The Battleground 2012: A Conversation with Former Ohio Secretary of State Jennifer Brunner

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by Allison Handler

Editor’s Note: This article was originally published on October 8, 2012.

Jennifer Brunner was elected in 2006 and served a term as Ohio’s first female Secretary of State. During that time, she oversaw the contentious 2008 presidential election and implemented voting practices that allowed a record turnout of voters to cast their ballots. In 2010, she ran in the primary election for the United States Senate. She currently practices law in Columbus and is the author of a new book, “Cupcakes and Courage”. [Read more…] about The Battleground 2012: A Conversation with Former Ohio Secretary of State Jennifer Brunner

The Battleground 2012: Who Gets to Vote When? Ohio Election Rules Have a Smaller Effect at the Local Level

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by Elizabeth Herron

In a swing state like Ohio, who gets to vote and when is critical. This is evidenced by the recent controversy in the state about early voting restrictions. The disagreement has two main issues – special accommodations for members of the military, and the elimination of early voting three days before Election Day. These two issues are connected, as members of the military and civilians overseas would technically have been allowed to vote during the three day period United States-based Ohioans would be barred from early voting.

Proponents of the early voting restrictions claim that they are necessary in order to provide election officials time to update voting records and prevent voter fraud.  Opponents argue that they are arbitrary and disproportionately affect low-income and minority voters. This issue caught national media attention when the Obama and Romney campaigns took oppositional positions on the matter. An Ohio District Court judge found the restrictions a violation of the equal protection clause. Ohio Attorney General Mike Dewine quickly announced his decision to appeal the matter to the Sixth Circuit Court of Appeals, which sided with the lower court. The Supreme Court declined to block early voting. This issue has ended for now, though others press on. [Read more…] about The Battleground 2012: Who Gets to Vote When? Ohio Election Rules Have a Smaller Effect at the Local Level

The Battleground 2012: Uncapped in Missouri: Missouri’s “Lax” Campaign Finance Laws Generate Concerns of Fraud and Corruption

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As the November Congressional and Presidential elections are just around the corner, Missouri, a key swing state, has come under the microscope for the state’s campaign finance laws, or lack thereof.  In 2010, Missouri passed Senate Bill 844 to establish campaign finance restrictions on donations in state and congressional races.  The law required that an officeholder/candidate report contributions over $500 within 48 hours of receipt and restricted campaign finance committees from contributing money to another committee.  However, the Missouri Supreme Court overturned the law in February of this year, holding the statute violated a section of the state’s constitution “prohibiting legislators from amending a bill to change its original purpose.”  Senate Bill 844 was initially proposed to address administrative contracting issues in statewide elections, but several amendments were added to address looming campaign finance concerns.  This decision has left Missouri campaign donations relatively unchecked and the State’s campaign ethics laws “the most lax in the country.” [Read more…] about The Battleground 2012: Uncapped in Missouri: Missouri’s “Lax” Campaign Finance Laws Generate Concerns of Fraud and Corruption