State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Getting Carded: The Debate over Voter ID Law in Oklahoma

· ·

On November 2, Oklahoma voters will confront a long list of state referendum items on which they may vote “yes” or “no.”  Second on the list—tucked between per-student educational spending and revised term limits—is State Question 746, which proposes to amend the state’s voter identification requirements.  Supporters tout the measure as a necessary and low-maintenance way to keep state elections honest.  After all, we require a photo ID for any number of mundane daily transactions, like writing a check or boarding an airplane.  However, a small but impassioned group of opponents argues that while seemingly harmless, in reality the voter ID requirement is the partisan enactment of a runaway legislature, and it threatens the most basic of Oklahomans’ constitutional protections.

If Oklahomans vote “yes” on State Question 746, then effective on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements would apply to all in-person voting, including in-person absentee voting. [Read more…] about Getting Carded: The Debate over Voter ID Law in Oklahoma

Weekly Wrap Up

· ·

Due to a loophole in Florida election law, a violation can go without any punishment. On September 30, a Florida District Court of Appeals ruled that because the statute allowed candidates to opt for an administrative hearing regarding their violations but didn’t give those courts the power to levy sanctions, candidates could violate election law and not be penalized. This was caused by a “glitch” in the legislation and was not intentional. Florida Election Commission Chairman says that it won’t affect the cases for this year’s elections because the legislature will have an opportunity to fix it before they’re heard.

According to the 9th Circuit, Washington doesn’t discriminate against minorities in prison. The Court ruled on October 7 that the Washington felon disenfranchisement law, which prohibits incarcerated felons from voting, does not constitute discrimination despite disproportionately affecting minorities. In January, a three-judge panel of the 9th Circuit held 2-1 that incarcerated felons should be allowed to vote. Sitting en banc to reconsider the decision, the Court unanimously upheld the law. The Court ruled that the felons must show “intentional discrimination” on the part of the state and not merely that the law does discriminate, something the prisoners failed to do in this case. [Read more…] about Weekly Wrap Up

Rahm’s Residency: Not a Problem?

· ·

According to several news articles, White House Chief of Staff Rahm Emanuel is moving back to Chicago to run for mayor.  Several news organizations and election lawyers question whether he qualifies as a resident of Chicago.  Rahm Emanuel is registered to vote in Chicago where his car is registered but leased his house to another family.  To run for mayor in Chicago, you must maintain a city residence for one year.

It is striking how similar the facts surrounding Rahm Emanuel’s residency in Chicago are to the seminal, Virginia case on voter residency: Sachs v Horan.  Daniel Sachs was registered to vote and owned a home in Fairfax County.  Sachs had a minimum, one year employment contract outside of Fairfax so he rented a house in Washington County and leased his house in Fairfax to another person.  All the while, Sachs paid property taxes to, registered his vehicle in, and had a driver’s license from Fairfax County.  He was seeking employment closer to home and hoped to return to his house in Fairfax.  In reviewing his residency for voter registration, the Supreme Court of Virginia held that Sachs did not “live in that locality with the intent to remain there for an unlimited time” nor did he have the requisite “place of abode” to establish residency for voter registration.

[Read more…] about Rahm’s Residency: Not a Problem?

Weekly Wrap-Up

· ·

Virginia governor Robert McDonnell is outpacing his Democratic predecessors in restoring voting rights to felons. McDonnell, known as a law-and-order attorney general, has approved 780 of 889 applications — approximately 88 percent of applications — since taking office in January. His predecessors, Democrats Timothy Kaine and Mark Warner, restored the rights of 4,402 and 3,486 felons, respectively. McDonnell revamped the process for restoring voting rights to felons, reducing the wait time for nonviolent felons to two years, allowing applicants to submit documents online, and self-imposing a deadline of 60 days after the application is complete to make a decision. Even as this process continues, however, 300,000 people in Virginia remain disenfranchised.

Rahm Emanuel may be out of a job. The same day that the White House announced he was leaving his post as Chief of Staff to run for mayor of Chicago, attorney Burt Odelson pointed out a 1871 law requiring candidates to live in their jurisdiction for the year before the election. Since Emanuel leased out his house in Chicago while he was working in DC, this may block him from running for Mayor.
[Read more…] about Weekly Wrap-Up

Weekly Wrap-Up

· ·

Fox News wants to make sure their viewers know they don’t endorse Democrats. The network has sued Democratic Senate candidate Robin Carnahan for copyright violations based on a campaign ad. Fox News wants to ensure that the public knows the network has not endorsed a candidate in the Missouri race and says the ad, which shows Chris Wallace interviewing Carnahan’s opponent about allegations that he acted improperly while in Congress, makes it appear that Wallace is speaking on the side of the campaign. The suit is considered by some experts to be the first case where a media outlet has sued a political campaign over copyright violations. There are also concerns that this is not a true copyright concern because, according to copyright lawyer Ben Sheffner, copyright disputes are about revenue not reputation damage. The ad has been pulled from the web and YouTube, but is still airing on television. The case is currently pending in federal courts.

Dreaming of a Third Party? Libertarians in Georgia are dreaming of a permanent place on the ballot. Their gubernatorial candidate, John Monds, is polling at 9% while the Republican candidate, Nathan Deal, continues to have financial problems. If Monds can capture over 20% of the vote, the Libertarians will be considered a “political party” under state election law, allowing them to hold primary elections and be guaranteed ballot access in future races. In the past, no Libertarian candidate for governor has surpassed 4% of the vote. Read about it here.

[Read more…] about Weekly Wrap-Up