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“MOVE” Act Created Urgency for NH Election Officials

Election Law Society · November 24, 2010 ·

As New Hampshire voters were casting ballots in their state’s September 14 primary, local and state election officers were anxiously preparing to tabulate and certify the results with greater urgency than usual. The pressure to confirm town and city results with all possible speed was a reaction to certain provisions of the Military and Overseas Voter Empowerment Act (MOVE Act) signed into law by President Obama in 2009. In particular, the Act requires states to be able to provide U.S. soldiers and citizens abroad with their respective absentee ballots “not later than 45 days” before an election. With this year’s general election set for November 2, New Hampshire Secretary of State William Gardner was left with a mere four day interval to affirm the primary results and furnish general election ballots in accord with the 45-day requirement. [Read more…] about “MOVE” Act Created Urgency for NH Election Officials

In the Silver State, Sometimes the Silver Medalist Walks Away the Winner

Election Law Society · November 22, 2010 ·

The 2008 Democratic primary battle between Hillary Clinton and Barack Obama was a long and unpredictable run of events.  Never was this truer than in the Nevada Caucuses, where exactly the opposite of the state ethos occurred: it was not winner take all.  Shortly after the major news networks declared that Hillary Clinton had won a majority of the precinct caucus delegates (by a 7% margin) they surprisingly declared that Barack Obama had won the majority of the state’s delegates to the national convention.

This odd outcome was the result of a delegate allocation which sought to ensure that northern and rural Nevada, not just Las Vegas, had a voice in the decision making process. [Read more…] about In the Silver State, Sometimes the Silver Medalist Walks Away the Winner

What Do You Mean, “One Person?”

Election Law Society · November 17, 2010 ·

For nearly half a century, American courts have looked to the “one person, one vote” standard as the guiding principle in reapportionment and redistricting cases. This doctrine, first laid forth in Reynolds v. Sims (1963), holds that “the constitutional test for the validity of districting schemes shall be one of population equality among the various districts.” Since that time the principle has become a central tenet in redistricting, and indeed as the country heads into the post-2010 round of redistricting, the courts’ understanding of one person, one vote remains largely unchanged.  That is, unless one Dallas suburb can upset it. [Read more…] about What Do You Mean, “One Person?”

Montana Eyes Voting By Mail

Election Law Society · November 15, 2010 ·

Montanans are currently embroiled in a debate over whether to transition to a vote-by-mail system, a move that could make Montana the third state, after Oregon and Washington (which has a “county option”) to adopt the mail ballot system.  The State Association of Clerks and Recorders have come out in support of the proposal, calling the proposal their “top legislative priority” in the face of increased use by voters, higher costs, administrative difficulties, and the potential for higher turnout.  The group previously supported legislation calling for a “county option” in the 2009 Legislature, and proposed a similar draft bill to the State Administration and Veterans Affairs (SAVA) interim committee in June 2010. [Read more…] about Montana Eyes Voting By Mail

Weekly Wrap Up

Election Law Society · November 12, 2010 ·

“I want to be your second (or third) choice!”: Jean Quan, Oakland’s mayor-elect, won under the city’s new ranked-choice system by concentrating on being voters’ second and third choice, if they were voting for someone else. The campaign manager for Don Pereta, the heavy favorite in the race, said Quan was “gaming the system” by asking people who supported other candidates to rank her second or third.

Too poor to vote: The ACLU is challenging a Sixth Circuit Court of Appeals 2-1 decision that Tennessee could bar three released felons who were behind on child support or restitution from regaining their voting rights. The ACLU is asking for the court to rehear the case en banc, arguing that the decision creates an unconstitutional poll tax.

Sound it out: In the Alaska Senate race, the Division of Elections has only accepted a few of Joe Miller’s challenges to the spelling of his opponent, Lisa Murkowski’s, name on the write-in ballots.  The Director of the Division of Elections said that she was accepting minor spelling mistakes as long as she could “pronounce the name by the way it’s spelled.”

Pay no attention to the man behind the curtain: The spending from outside groups in this campaign season has reached record highs, climbing almost to the $300 million mark.  Now, a new study has shown that nearly half of that money comes from groups which won’t reveal the money’s source.  A few notable candidates who used a huge amount of their personal fortunes are Meg Whitman in California and Linda McMahon in Connecticut.  They spent $140 million and $46 million respectively.

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