State of Elections

William & Mary Law School | Election Law Society

Election Law Society

New Lines in the Sand: Redistricting in the Golden State

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“All politics is local.” The truth of Tip O’Neill’s famous quip may sting some senior California House members as the state’s redistricting efforts land them in newly-formed districts that they might not be able to carry.

The new district map is the product of a bi-partisan citizen’s commission established by Proposition 11. Enacted directly by voters in 2008 and expanded in 2010, the law amended the state constitution to move redistricting authority from the legislature to a bipartisan commission of Republicans, Democrats, and Independents. Tasked with redrawing not only congressional districts but State Senate, Assembly, and Board of Equalization districts as well, the commission’s work will go into effect for the 2012 election. [Read more…] about New Lines in the Sand: Redistricting in the Golden State

Redistricting in the Gem State

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Idaho’s redistricting commission has agreed on a map for the new districts. This comes after the previous commission failed to reach a compromise. Part of the problem, perhaps, was that there are an even number of people on the commission: three Democrats and three Republicans. The Democrats went so far as to accuse the Republicans of designing this commission to fail. While evidence for that particular bit of speculation seems to be lacking, Article I Section (E)(6) of the Idaho Republican platform lists as one of its objectives, moving the redistricting responsibility back to the Idaho legislature.  [Read more…] about Redistricting in the Gem State

Until We Meet Again: Putting the California-Amazon Battle on Hold, for Now

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The lengthy dispute between the State of California and Amazon took a dramatic turn on September 10th when state lawmakers and the online retail giant agreed to a compromise bill that will put an end, pending Governor Jerry Brown’s approval, to the drawn-out sales tax controversy—at least for now.  Under the new measure, Seattle-based Amazon will begin to collect sales tax from customers in California in September 2012 barring future federal legislation.  Given the amount of effort Amazon exerted during its battle with the Golden State, this concession may surprise many.

Currently, California is one of 24 states that permit referendums, which are proposals brought by citizen petition, to repeal a law previously enacted by the legislature.  In California, 500,000 signatures are needed to push issues onto a state ballot.  Prior to the agreement, Amazon had already spent $5.25 million on its campaign to obtain the necessary number of signatures.  The campaign reflected Amazon’s belief that voters, if given an opportunity, would support the repeal of the tax law.  However, as part of last Friday’s deal, Amazon will ditch its campaign and drop the referendum effort.  [Read more…] about Until We Meet Again: Putting the California-Amazon Battle on Hold, for Now

Sending out an SOS: The National Association of Secretaries of State Summer Conference

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The National Association of Secretaries of State (NASS) held its annual summer conference in Daniels, WV from July 10-13 this past summer. Much of the conference was geared toward preparation for the 2012 Election cycle. A number of prominent speakers, including a number of state secretaries of state, “federal officials, private sector representatives, voter advocacy organizations and leading academics” voiced their views.

Sec. Kris Kobach, the controversial Secretary of State of Kansas who has become a lightning rod of criticism and praise over the past summer for his efforts in leading the charge against alleged voter fraud (see a 2009 Times profile about then-candidate Kobach here), discussed his state’s Secure and Fair Elections Act as part of his presentation on citizenship requirements for voter registration. He noted that his state’s law was drafted to “withstand judicial scrutiny” taking into account challenges to a similar law passed in Arizona (which Kobach also had a hand in drafting). Secretary Kobach defended laws like this, saying “we all want security in the knowledge that an election was fair… [a]nd that the winner of the election was the person who really won the race”.

Host Secretary Nathalie Tennant also spoke about elections, focusing on the use of technology in communicating with voters. She stressed the importance of using social media outlets such as Facebook, Twitter, and Skype to make sure voters know valuable information about upcoming elections. The use of such media might help to increase voter participation, she reasoned, as they are the “type of tools people are using to communicate.” Tennant’s office  recently launched a campaign to educate and inform voters of West Virginia’s upcoming special election for Governor and the necessary steps to register and vote. The media campaign coincides with the beginning of the NCAA football season and compares the two activities (voting and football, that is), calling both “American traditions.” [Read more…] about Sending out an SOS: The National Association of Secretaries of State Summer Conference