State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Indiana’s confusing record of voter registration

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by Shanna Reulbach

Indiana’s recent history with voter registration is somewhat baffling, to say the least.  The state seems to swing like a pendulum between liberal and conservative measures and priorities, and compliance and defiance of federal mandates that extend the availability of registration materials to new populations.  An illustrative juxtaposition would be that the rhetoric of voter fraud is often at the forefront of Indiana election debates, yet the legislature authorized online voter registration in 2009, when many viewed the use of computer technology as enabling fraud.

The first subject that comes to any election law junkie’s mind in discussing Indiana’s election code is the state’s voter ID requirement and the U.S. Supreme Court’s upholding of the law in its 2008 decision, Crawford v. Marion County Election Board.  In that case, Indiana asserted a governmental interest in preventing voter fraud at the polls, pointing to its “unusually inflated list of registered voters” as a major source of concern.  While Crawford was not centered on voter registration, the state’s arguments reveal a lack of confidence in the voter registration process’ ability to prevent fraud.

Fast-forwarding to this past year, two other events mark the voter registration debate.  First, in March, a grand jury indicted Secretary of State Charlie White with three counts of voter fraud: “filing [a] fictitious registration,” “voting where not registered,” and “fraudulent registration.”  White was registered at his ex-wife’s home and voted in that district, even though he had moved away.  Ironically, the Secretary of State serves as the chief election officer.  The Indiana Recount Commission determined that White was eligible to run for that office, but he is still awaiting his criminal trial.  This scandal has shined a spotlight on registration issues, but fraud has not been the rallying point.  All of the parties involved with the accusations, White, his Democrat opponents, and the Commission, agree that registration residency requirements have to be liberalized to account for nontraditional living configurations. [Read more…] about Indiana’s confusing record of voter registration

News Brief: Another California redistricting victim

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by Brett Piersma

In September, this blog reported on the impact of a California initiative to create a citizen-panel to draw the new electoral districts. The commission’s efforts resulted in more competitive districts, with additional unintended consequences likely to follow such as more expensive campaigns relying on wealthy donors. On the other hand, more competitive districts are likely to draw more moderate candidates into the race, at least so goes the theory.

The Los Angeles Times reported in January that Elton Gallegly, the subject of our September piece, had chosen not to run for reelection. For some, this came as no surprise. A long-time representative earning reelection with big margins, Gallegly would certainly have carried his pre-redrawn district. But the commission’s actions placed Gallegly’s home in the same district as another popular Republican, Howard “Buck” McKeon. It does not require a top-dollar campaign advisor to calculate his chances of election in this new district, or in the new districts surrounding.

How his retirement will affect both California’s and the Republican Party’s clout in the House is uncertain, but not difficult to imagine. Gallegly not only chaired the Subcommittee on Immigration Policy and Enforcement and vice-chaired the Committee on Foreign Affairs, but OpenSecrets.org reported in January on his significant connections with pharmaceuticals, finance, and real estate corporations.

Gallegly joins a long string of representatives retiring at the end of this term, many of whom are stepping down at least in part due to redistricting in their states.

Brett Piersma is a third-year law student at William and Mary.

permalink: http://stateofelections.pages.wm.edu/2012/02/16/news-brief-ca-redistricting-victim/

 

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Attempts to shine light on the dark side of politics

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by Jamel Rowe

Corruption—the dark side of politics— is a problem that legislatures and the general public have been battling since the creation of the United States government. Recently, Pennsylvania made the eradication of corruption in judicial elections its primary goal by introducing House Bill 1815 and House Bill 1816 to the General Assembly.

In Pennsylvania, candidates for the appellate and trial court must run in partisan elections and, consequently, must affiliate themselves with a particular party. Then they must be elected by popular vote. Proponents of judicial elections support the system because they believe it promotes accountability. They argue that judges, who routinely make policy decisions, are in essence legislators.  As a result, judges should be held accountable to the public just like legislators; if they fail to live up to their campaign promises, the public should have the ability to oust them from office. [Read more…] about Attempts to shine light on the dark side of politics

A new generation of poll workers

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by Brooks C. Braun

On election day, November 8th, 2011, more than 30 students from Virginia Commonwealth University (VCU) worked as Officers of Election in Henrico County, VA on behalf of the Tidewater Roots Poll Project (TRPP). TRPP is a project organized by William & Mary students to inspire college students to make a commitment to civic duty and participatory democracy by becoming the next generation of Virginia poll volunteers. We sat down to talk with three of these students to hear what they had to say about their experience.

Tell us a little bit about yourselves and how you heard about TRPP.

TEREZA: My name is Tereza McInnes, I’m an international studies major at VCU and I heard about the Tidewater Roots Poll Project through a VCU e-mail. I was really interested in it because all I’ve heard is that it’s something that ‘old people do’ and I kinda wanted to see what exactly it was about. And I guess I also heard that, you know, there was money involved.

DAVID: My name is David, I’m a 28 year old full time student at VCU. I’m in my fifth year. I have a dual degree in criminal justice and psychology with a concentration in pre-physical therapy. I got an e-mail from VCU saying that they were recruiting. I get 15 to 20 e-mails a day so I just breezed through it and moved on to the next e-mail. Later, one of my other friends, Thomas Kidwell, said that he had spoken to you on campus. He mentioned the e-mail, at which point I went back to read it again. My interest was piqued so I went ahead and put my name in the pool.

GABRIELA: My name is Maria Gabriela Ochoa Perez. I’m a freshman at VCU and I’m studying communication arts. I’m 18. I was born in Venezuela and I became a citizen 2 years ago. I’m really interested in the governmental system here in America because I experienced firsthand in Venezuela what it was like under a less democratic system. I was introduced to the project by this interesting looking gentleman standing in the cold in front of the VCU commons one day. I had already tried to figuring out how to do that kind of thing; poll work. I remember having talked to my government teacher in high school about doing it. I just hadn’t yet taken the time to contact the Montgomery county registrar’s office to sign up. So I was really interested when that nice gentleman told me what TRPP was doing. I mean this is something totally different than just voting. Working at the polls puts you right in the middle of the process and enables you to learn more about it. [Read more…] about A new generation of poll workers

Get to the polls early…well, not that early

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by Lauren Coleman

Changes to Georgia’s voting laws cut length of advance voting period 

This past summer the Georgia state legislature passed H.B. 92, effectively shortening the length of time Georgia voters can cast early ballots from 45 days to 21 days. The law also requires polls be open at least one Saturday prior to the general or primary election where a federal office is up for grabs. However, if no federal offices are included in the election, localities are not required to maintain Saturday voting hours. Passage of this new bill raises the unique question of whether a reduction in this voting period will amount to a significant burden for Georgians attempting to exercise their franchise before election day?

The law is one of many similar bills across the country, potentially signaling a significant push back in the recent growth of advance voting and no-fault absentee voting. Florida, Georgia, Ohio, Tennessee, and West Virginia have all passed laws reducing early voting period. Further, Maryland, Nevada, New Mexico, and North Carolina all recently considered similar legislation. These legislative changes have garnered the attention of the Brennan Center for Justice, a non-partisan public policy and legal think tank at the New York University School of Law, ultimately raising concerns that such enactments may serve as a step backwards for election administration. Conversely, many state legislatures proffered economic hardship and potential savings as the rationale and necessity for such laws. [Read more…] about Get to the polls early…well, not that early