State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Weekly Wrap Up

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Every week, State of Elections brings you the latest news in state election law.

– Another week, another challenge to Section 5 of the Voting Rights Act. Shelby County in Alabama is seeking an injunction against Attorney General Holder to prevent him from enforcing Section 5 of the VRA. Section 5 requires that certain states and municipalities “preclear” changes to their voting laws with the Attorney General. Last week, Merced County in California initiated a similar challenge to the Act.

– In Kansas, voters will decide whether to amend the state constitution to protect the voting rights of the mentally ill.  Currently, the state constitution allows legislators to deny voting rights to the mentally ill, though the legislature has not attempted to pass any laws limiting those rights.  This amendment would eliminate the possibility of such restrictions entirely.  The proposed amendment will appear on the ballot next statewide election, on November 2nd.

– Ruth Marcus of the Washington Post has written this editorial linking Arizona’s “Clean Election” reforms with that state’s new controversial immigration law.

– In New York, Assemblyman Michael Gianaris has introduced a bill that would create a non-partisan redistricting commission in that state.

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in election law

– On Wednesday, the Supreme Court heard oral arguments in Doe v. Reed.  The plaintiffs argue that Washington’s Public Records Act, which makes the names of signatories to ballot initiatives a matter of public record, should be declared unconstitutional .  Members of a group called “Protect Marriage Washington”, who submitted petitions for a referendum to repeal Washington’s domestic partnership laws, have asked for an injunction against the publication of their names.  The signatories fear harassment from gay marriage proponents should their names be published, as required under the Public Records Act. Here’s a transcript of the oral arguments.

– The Supreme Court of New Jersey has agreed to hear a case involving an attempt by a Tea Party organization to recall Senator Robert Menendez.  The New Jersey constitution allows Senators to be recalled, but the U.S. Constitution is silent on the issue.  The appeals court previously ruled in favor of the Tea Party and allowed their recall efforts to continue.

– Merced County in California is seeking to remove itself from the restrictions of Section 5 of the Voting Rights Act.  Section 5 requires that certain states and municipalities “preclear” changes to their voting laws with the Attorney General.  Only four counties in California are subject to the additional restrictions imposed by Section 5.

– Here’s a very odd story out of Orange County California.  According to a local newspaper, dozens of voters were allegedly tricked into registering as Republicans.  Members of the Republican Party supposedly tricked passersby into thinking they were signing petitions for liberal causes, like legalizing marijuana, when they were actually signing voter registration forms that identified them as Republicans.  The California Republican Party offers an $8 dollar bounty for every new Republican registration, which apparently inspired this latest attempt to trick voters into registering as Republicans.

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State of Elections is officially going on semi-hiatus for the summer.

We’ll continue to post Weekly Wrap Ups, and if we receive any particularly timely articles, we’ll post those as well.  The Weekly Wrap Ups and any other new articles will appear directly below this post.

Our full time, thrice weekly posting schedule will resume late August, at the beginning of William and Mary’s fall semester. The Election Law Society has big plans for next year, so make sure to check in with us in August for new interviews, articles, and all the latest news in election law.


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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in election law.

– Check out our CU + and the States page to track the latest state responses to the Citizens United ruling.  The page is constantly updated and contains over 50 links discussing the impact of Citizens United at the state level.

-The Rose Institute released this state by state guide to redistricting in America.

– Georgia’s photo identification requirement for voting has survived another legal challenge.

– Florida will begin providing bilingual ballots in 2012.

– An Idaho judge has ruled that Idaho’s election laws are unconstitutional and biased against independent candidates.  An independent presidential candidate requires 6,500 signatures to get on the ballot in Arizona, but nonresidents are forbidden from circulating petitions in Idaho.  These two laws combined to make it particularly difficult for an independent to get on the ballot in Idaho.


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Solving the Epidemic of Disappearing Poll Workers – Part 2: A Poll Worker Draft?

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poll 2

As discussed last week, the graying of America is seen most potently behind the polls. The decreasing numbers of poll workers across the nation has been threatening the centerpiece of our democracy. The first article focused on how young people can and should fill that void. This week, we take a look into a less conventional method of filling the need: Making poll working mandatory.

Currently, there are only two counties in the entire country that uses a drafting system for poll workers. Nebraska law allows for a draft and both Douglas and Sarpy County have taken part. At least one other state has considered the idea of a poll worker draft. In 2007, Ohio’s Secretary of State, Jennifer Brunner, announced the idea, but was eventually met with considerable criticism from the legislature. The word “draft” itself has a grim, scary, and negative connection in our country. However, there are many positives that could come from instituting a poll-worker draft in a jurisdiction in need. Lets call it election duty (like jury duty) to make it more palatable.

HOW COULD A DRAFT HELP?

The problem of long hours at the polls plagues every jurisdiction. It is a little discussed fact that anyone who offers to become a poll worker must work from about an hour before the poll opens to after the poll closes in the evening. Not many people would sign up for these long hours, even when payment is offered (which often comes out to very near minimum wage). However, a election duty system would help not only to alleviate the general need, but with a high participation rate, everyone who participates would have an easier job. In one district where it might take four people 14 hours of work each, 8 citizens could be pulled to work 7 hours and even get regular breaks. From another perspective, this would also make election duty less demanding. A less daunting task for those who choose to participate would help the image of election duty. [Read more…] about Solving the Epidemic of Disappearing Poll Workers – Part 2: A Poll Worker Draft?