Election Law Society

Virginia Passes State-Level Voting Rights Measure Mirroring Original Federal 1965 Voting Rights Act

Election Law Society · February 2, 2022 ·

By: Sarah Fisher

In March 2021, Virginia—a state historically marked by racially discriminatory practices in voting—became the first state formerly covered by the landmark federal 1965 Voting Rights Act to adopt state-level voting rights legislation modeled off of the Civil Rights Era measure.

Under the 1965 Act, certain cities, counties, and states with a history of race-based discrimination in voting were required to seek approval (called “preclearance”) from the United States Attorney General before making any changes to their election laws, regulations, or practices. The group of states and municipalities required to seek preclearance was determined by a formula that considered the jurisdiction’s use of certain discriminatory voting practices (such as poll taxes) and the jurisdiction’s voter registration and participation rates as of 1968.

New Jersey: An Experiment in Early Voting Expansion

Election Law Society · January 31, 2022 ·

By: Tim Intelisano

Earlier this year, New Jersey expanded in person early voting in the state. Now, that legislation was put to the test in the 2021 general election in early November.

Thus far, it has not been smooth sailing. For one, many counties struggled to recruit enough poll workers. This is an issue that other states, including Ohio, also bemoaned this year. The concern in New Jersey was so severe that newly re-elected Governor Phil Murphy used an executive order to raise the pay of election workers. The pay raise was modest—going from $200 to $300 dollars for a day’s work. It did not escape notice that workers in the June primary were paid $400 dollars for a day of service, though that higher award was attributed almost exclusively to the dangers and uncertainty around coronavirus. Additionally, Governor Murphy’s executive order also permitted poll workers to work outside of the county where they resided. Officials felt that this would be a useful tool for municipalities, since for unknown reasons some towns and counties just had an easier time signing up the requisite number of poll workers.

Massachusetts Automatic Voter Registration

Election Law Society · January 28, 2022 ·

By: Adriana Dunn

On August 9, 2018, Massachusetts Governor Charlie Baker signed into law an automatic voter registration (AVR) bill, making Massachusetts the fourteenth state to approve of AVR. The law became effective January 1, 2020, over a month before the registration deadline for the 2020 primaries. The new system works with existing state agencies such as the Department of Motor Vehicles and Massachusetts health insurance systems (MassHealth and the Commonwealth Health Connector). A U.S. citizen in Massachusetts will be automatically registered to vote when they apply for or renew: a driver’s license, a learner’s permit, a state ID, MassHealth benefits, or health insurance through the Mass Health Connector. After applying for one of these services, the citizen will be mailed a postcard informing them that they have been registered to vote, unless they should choose to opt-out.

Upcoming Bill Could Make Illinois the Third State to Allow All Incarcerated People to Vote

Election Law Society · January 28, 2022 ·

By: Andrew Heiser

Brian Harrington spent thirteen years in prison after being charged with murder at the age of sixteen. During that time, he was able to build skills he hoped to use outside of prison, work on self-improvement, and raise awareness about the shortcomings of the criminal justice system. There was, however, one thing he could not do: vote.

In Illinois, as in almost every state, incarcerated felons lose their right to vote while they are incarcerated (though unlike some states, in Illinois the right to vote is restored immediately upon release). Only two states, Maine and Vermont, and the District of Columbia currently allow all people in prison to vote during their incarceration. Alabama, Alaska, and Mississippi also allow some prisoners to vote if they were not convicted of certain crimes—though which crimes specifically cause those with felony convictions to lose the right to vote can seem arbitrary, and many are not made aware of the distinction.

A Growing, Shrinking Problem – Mississippi’s Challenges in Redistricting

Election Law Society · January 26, 2022 ·

By: Theo Weber

While federal congressional elections are not being held in Mississippi until 2022, and state house and senate races aren’t until 2023, the redistricting process in the “Magnolia state” is well underway. However, Mississippi is currently facing a problem that has been accelerating in recent years, causing issues for legislators drawing the maps: that problem is population decline.

From 2000 to 2010, Mississippi saw an increase in population just shy of 125,000 people, a 4.31% increase. However, from 2010 to 2020, Mississippi saw a decrease in population of right around 6,000 people, one of only three states in the United States to see a population decline in the decade.