Election Law Society

Emergency Managers: An unconstitutional power grab or necessary evil?

Election Law Society · October 29, 2012 ·

When a city or school district is unable to pay their bills, and a state’s credit rating is in jeopardy as a result, what options do states have? On November 6^th, Michigan voters will decide the fate of Public Act 4, which Governor Rick Snyder signed into law in March of 2011. Public Act 4 allows the state government to appoint emergency managers for those cities or school districts who are in danger of defaulting on their obligations. Controversially, these emergency managers can act in place of the elected government officials and are allowed to act in what they determine is the best manner for the city. Emergency managers are allowed to renegotiate or terminate the school district’s or city’s contracts, sell city or school district property, acquire debt to be paid back by tax payers and even determine what services and expenditures the city will continue to provide. Currently, more than three cities and two school districts in Michigan are governed by emergency managers, yet some citizens feel that this type of appointment is an unconstitutional power grab. [Read more…] about Emergency Managers: An unconstitutional power grab or necessary evil?

Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

Election Law Society · October 28, 2012 ·

by Pamela Kalinowski

In July 2011, the Indiana state legislature passed a law that allows citizens to openly carry firearms at all polling places except for schools and courthouses. This law has been praised as a protective measure of a citizen’s right to bear arms and exercise self-defense. For many states, this kind of law would present enough difficult policy questions all on its own, but it raises
particularly charged issues for Colorado, a state that has found itself a consistent subject of both the election and gun debates.

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Two of the most deadly, high-profile shootings in U.S. history have occurred in Colorado–the Columbine and Aurora shootings, the most recent of which occurred this past summer–and have sparked renewed gun control debates. Even more recently, Colorado’s active Secretary of State, Scott Gessler, was involved in a controversial “voter purge” when his office “sent letters to nearly 4,000 people questioning their citizenship as part of a plan to have them voluntarily withdraw or confirm their eligibility to vote” (Huffington Post). Colorado democrats claimed that Secretary Gessler attempted to intimidate or disenfranchise voters, thousands of whom proved to be state citizens. With recent events concerning both gun control and voter intimidation, should Colorado adopt an Indiana-like law and guarantee citizens the right to openly carry firearms at polling places across the state, overriding any local laws that prohibit the practice? [Read more…] about Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

Sticker Candidates in a Technological Age: The Case of Massachusetts

Election Law Society · October 28, 2012 ·

by Jaclyn Petruzzelli

Robert Fennel has been the State Representative in the 10^th Essex District in Massachusetts for the past 18 years. In September, he won the primary handily, receiving nearly 90% of the vote. While this scenario is not unique among incumbents across the nation, what makes the story of the 10^th Essex County race interesting is that sticker candidate Gardy Jean-Francois earned the other 10% of the votes via write-in. [Read more…] about Sticker Candidates in a Technological Age: The Case of Massachusetts

MD Court: Dream Act Referendum Appropriate, Not Appropriation

Election Law Society · October 26, 2012 ·

by Anna Killius

In the 97 years since Maryland amended its constitution to allow for referendums, citizens have successfully put legislation to a popular vote only 13 times. Often, petitions failed to collect the necessary number of validated signatures, but the modern use of online petitions has facilitated the collection of signatures, accounting for up to 40% of those validated by the state Board of Elections. Consequently, Maryland citizens will soon have the opportunity to vote on three referendums, an unprecedented number, targeted at defeating the expansion of in-state tuition coverage, gay marriage equality, and a congressional redistricting plan. Proponents of the challenged measures have turned to the courts in an effort to prevent the referendums from reaching the November ballot. [Read more…] about MD Court: Dream Act Referendum Appropriate, Not Appropriation

East Coast Money, West Coast Elections

Election Law Society · October 26, 2012 ·

by Andrew Rauch

Oregon’s state motto is “She flies with her own wings.” For Democratic Attorney General Candidate Ellen Rosenblum, this motto should read “She flies with her own wings and local money.” Rosenblum’s campaign had a distinctly local flavor to it. She went to school at the University of Oregon, practiced law in Eugene, and she most recently served on the Oregon Court of Appeals. Highlighting these local ties, Rosenblum was able to paint herself as the Oregon candidate. This left her opponent, Dwight Holton, who worked at the United States Attorney’s office in Oregon, to fill the role of the outsider. [Read more…] about East Coast Money, West Coast Elections