State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Colorado’s super-secret ballots

· ·

by Wesley Moore

Colorado is currently in the midst of a heated legal dispute over whether images of local ballots should be made available for public scrutiny in an election dispute. The controversy started in 2009, when Marilyn Marks lost the Aspen city mayoral election to Mick Ireland. Marks petitioned to view images of the anonymous ballots (sometimes referred to as TIFF files), but the city denied her request.

She then filed suit in state court under the Colorado Open Records Act (CORA), but the district court ruled against her. She appealed to the Colorado Court of Appeals, which reversed the lower court in September of this year, holding that the contents of the ballots should be released. [Read more…] about Colorado’s super-secret ballots

A look at election websites state by state

· ·

by Jim Ogorzalek

The Internet has increasingly become the main source of information for many Americans. Indeed, many errands we once accomplishedwith a car or a postage stamp are now done simply with a few clicks of the mouse. As Americans have grown more dependent upon sites such as Amazon and Netflix, it stands to reason that they are also increasingly more likely to seek out information regarding their civic duties using the Internet.

Because of this ever-growing dependence upon the Web, it is more important than ever that government institutions engage voters online. While analysts, politicians, and many others have been busy discussing online voting for years, few have taken stock of where state governments are right now when it comes to communicating with voters online. If Internet voting ever does become commonplace in the American electoral landscape, it is only logical that it would come after other necessary steps in the voting process like Internet registration and Internet absentee applications. Before any of those technological advances in the voting process, it makes sense that a state must first determine how to properly communicate information online and create logical ways to access the functionality the state already enlists. In the spirit of calls for what Heather Gerken has termed a “Democracy Index” of how well states run elections, this post attempts to survey states’ online voter information sites to assess where things stand. [Read more…] about A look at election websites state by state

Orlando’s redistricting advisory board may not please everyone

· ·

According to the 2010 census, the population of Orlando, FL has increased significantly over the past ten years, jumping from 185,951 in 2000 to a whopping 238,916 in 2010. This change in population has not occurred evenly over the city’s six districts, and new districts must be drawn as a remedy. This process is called redistricting.

Redistricting seeks to equalize representation in malapportioned districts. In Baker v. Carr and Reynolds v. Sims, two landmark United States Supreme Court decisions, the idea of equal representation came about through the notion of one person, one vote: “Whatever the means of accomplishment, the overriding objective must be substantial equality of population among the various districts, so that the vote of any citizen is approximately equal in weight to that of any other citizen in the State.”

In order to achieve a more even and representative portrait of Orlando, the Orlando City Council appointed a nine member board to handle the task of redistricting. In coming up with a proposed plan, the Redistricting Advisory Board also sought and received the input of many other Orlando citizens.

[Read more…] about Orlando’s redistricting advisory board may not please everyone

Young New Jersey Republican learns campaign finance the hard way, or: “Dad, can I have $16,000?”

· ·

by Kevin Elliker

When my older brother graduated from college, he moved back in with my parents, got a job as a lifeguard and spent the summer looking for full-time work. Hank Lyon went a different route. After graduating from Holy Cross in 2010, and while working for his parents’ various businesses, he decided to run for the office of freeholder in Morris County, New Jersey. Things didn’t quite work out as smoothly as he’d hoped.

Lyon entered the field as a candidate in the June 7 Republican primary election. His only competition: Margaret Nordstrom, the 12-year incumbent, thrice chosen as the freeholder board’s directors, and a former mayor of Washington Township. In putting together his campaign, Lyon made his father campaign treasurer and became a partner in his parents’ LLC. His father claimed that by making Hank a partner in the LLC, Hank could convey to voters his personal interest in property taxes (presupposing it would be tough to convey that interest when you live at home with your parents).

Nordstrom, aware of her opponent’s family resources, kept close watch on Lyon’s campaign finance filings. It didn’t seem she had much to worry about; a month before the election, Lyon’s campaign had collected a little less than $5,000 (compared to her $10,000). Based on those figures, Nordstrom knew Lyon couldn’t spend as much as she previously anticipated, so she scaled back her campaign. This was reinforced when Lyon listed $636.88 as his campaign balance on the 11-Day Pre-Election Report. [Read more…] about Young New Jersey Republican learns campaign finance the hard way, or: “Dad, can I have $16,000?”

Voter identification laws in New Hampshire: continuing the national debate

· ·


In September 2011, New Hampshire state senators failed to override the gubernatorial veto of Senate Bill No. 129, which would have imposed identification requirements on New Hampshire voters. More specifically, the Bill would have required voters to present a valid voter identification (as specified in the Bill) on Election Day before being able to cast their ballots. For those voters without valid IDs on Election Day, the Bill granted them the ability to vote using a provisional ballot with the requirement that the voter show his or her official ID two-and-a-half days later. According to one source, the proposed law would have been “one of the most regressive voter photo ID laws in the nation,” and Governor John Lynch (D) claimed that the Bill would “create a real risk that voters would be denied their right to vote.” To support his veto, Gov. Lynch pointed to the positive state of elections in New Hampshire, specifically high voter turnout, the absence of fraud issues, and strong election laws, and he relied upon those reasons – among others – to justify not needing a strict voter identification law in New Hampshire.   [Read more…] about Voter identification laws in New Hampshire: continuing the national debate