State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Weekly Wrap Up

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Emanuel got the green light for candidacy: Rahm Emanuel can run for Chicago mayor, after a unanimous decision by the Illinois Supreme Court. The Court found that he meets the residency requirements because he paid taxes and maintained a residence he planned to use as his permanent residence–even though he rented it out–in Chicago while working in the White House.

Every vote counts in Ohio: A three-judge panel of the Sixth Circuit Court of Appeals ruled on January 27 that ballots improperly cast because of errors by poll workers must be counted in the judicial election in Hamilton County. Although the exact number of ballots that must now be counted is unknown, Democrats claim it could be in the hundreds. Republican John Williams currently leads by 23 votes.

Is there a fight brewing over Fair Districts in Florida?: In one of his first acts as governor, Rick Scott withdrew the request to the Justice Department to approve the redistricting amendments passed by voters in November. The amendments are also currently being challenged in court in a lawsuit filed by two U.S. Representatives from Florida.

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Let the Staff Handle it: Iowa’s Answer to Redistricting

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In the wake of the 2010 Census, reapportionment and redistricting of seats of the US House of Representatives looms large on the political horizon. Those who have lost hope that redistricting can ever be anything but dysfunctional should spare some attention for Iowa during this ongoing process.

For those states unlucky enough to lose one or more of their seats, the unpleasantness is two-fold: reduced representation at the federal level accompanied by a contentious and highly partisan redistricting process. [Read more…] about Let the Staff Handle it: Iowa’s Answer to Redistricting

Weekly Wrap Up

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Vote Early, Vote Often (Even if You’re Dead): An 81-year-old Oregon man was sentenced to 12 months in jail and a $5,000 fine for voting as both his deceased brother and son.

SAFE Voting in Kansas: Kansas’ Secretary of State Kris Kobach unveiled the Safe and Fair Elections (SAFE) bill January 18 that would require voters to show ID at the polls and proof of registration when registering for the first time.

Provision Ballot Chaos in Ohio: In a case that may end up in front of the Supreme Court, a U.S. District Court and the Ohio Supreme Court issued conflicting rulings on some provisional ballots cast at the wrong precinct in the November elections.

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One Stop Shopping: Rhode Island Initiative Registers Voters at Work

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The Newport Mansions, Family Guy, Brown University and the Farrelly brothers are a few of the Ocean State’s more notable features.  To this list, we may soon add “Innovative Voter Registration.”  Rhode Island Secretary of State A. Ralph Mollis launched “Voters in the Workplace” in the summer of 2008.  This initiative encourages and enables companies to host voter registration drives during normal business hours between August and October every year.  These months include the registration deadlines for both the state primary and general elections.  The Secretary of State’s office markets the program through social media and direct mail while working with Rhode Island’s chamber of commerce network and trade organizations for human resources managers.

So how does it work? A company contacts the Secretary of State’s office and expresses interest in hosting a voter registration drive for its employees.  In the weeks leading up to the drive the company generally sends out e-mails notifying its workers, posts links to registration forms on their intranet, and displays voter registration posters.  The Secretary of State’s Office supplies the company with all of these materials electronically, even the e-mail template.  Some companies do more: Cox Communications in West Warwick ran promotions on its closed-circuit television network.  On the day of the drive, staff members from the Secretary of State’s office travel to the company and conduct the voter registration.  A drive is usually held in the cafeteria or another gathering space in the workplace during regularly scheduled breaks, lunch, or directly after work.  Staff time spent on a typical registration, including travel, is about two hours.  Chris Barnett of the Rhode Island Secretary of State’s press office indicated there is no discrete budget for the program and “the investment is simply routine overhead.”  Dozens of companies have partnered with the Secretary of State’s office since the program began two years ago. [Read more…] about One Stop Shopping: Rhode Island Initiative Registers Voters at Work

What’s Geauxing On: Everybody’s Copying Louisiana?

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When one thinks of Louisiana, the first thing that comes to most people’s mind is likely not “model for electoral reform.”  This, after all, is the electoral system that in recent years has brought a veritable parade of politicians whose terms in office have transitioned into terms in prison on corruption charges.  That’s why it may come as a surprise that there are movements afoot in states across the country to adopt the most unique element of Louisiana’s electoral system.

In 1976, Louisiana adopted a non-partisan blanket primary system for both its state and congressional elections.  Also known as an “open” or “top-two” primary, this unique system puts candidates of every party on the same ballot for the primary.  If any one candidate receives a majority of votes, that candidate is elected without any need for a general election.  If, as frequently happens when there are more than two candidates on the ballot, no candidate wins a majority of votes, the top-two candidates go on to a run-off general election. The goal of open primaries is to promote the election of more moderate candidates.  The theory, however, is controversial. [Read more…] about What’s Geauxing On: Everybody’s Copying Louisiana?