State of Elections

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Election Law Society

Citizens United and the Culture of Corporate Deference

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Editor’s note: This article was originally posted as a comment made in response to Neal Rechtman’s “Citizens United Against the Supreme Court”

One of the subtle harms of Citizens United is the propensity it creates to doubt that we’re receiving honest services from government officials. To give a recent example, last week the President reversed course on offshore drilling, announcing a very wide-reaching oil drilling expansion off the Atlantic, Gulf, and northern Pacific coasts. Now, it is entirely possible and quite likely that he’s reversed like this because of legislative or practical concerns, or maybe he’s become convinced that the process is better served by an early concession of this point, or maybe he has actually changed his mind on the merits of the policy. Or perhaps he’s anticipating the usual summertime gas price spike and is hoping to blunt the criticisms that are sure to come by taking a prophylactic step that conservatives have loudly touted as a way to lower prices.

But perhaps the reason is that we have an election in November that’s expected to cost around $3.7 billion, and that figure is less than 1/5th of Exxon-Mobils net annual profit in their WORST year of the last 7. If the oil industry wanted to heavily invest in this cycle, they have more than enough money to go beyond simple advertising–they could fund parallel field campaigns, massive ad buys in every media, billboards around the country, and make every long-shot pro-drilling candidate into a bona-fide contender. [Read more…] about Citizens United and the Culture of Corporate Deference

Weekly Wrap Up

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

– Gerry Hebert, one of the panelists at our recent election law symposium, wrote this article about a recent legislative effort to undermine Fair Districts Florida.  Fair Districts Florida is an organization dedicated to fixing the redistricting process and the prevention of  gerrymandering.

– In Virginia, there is growing confusion about the restoration of felon voting rights.  Earlier this week, the governor’s office sent letters to 200 ex-felons, telling them that they would need to submit an essay as part of the application process for the restoration of their voting rights.  On the 14th, Governor McDonnell claimed that the letters had been sent in error, and that the essay requirement was simply a “draft policy proposal“.  Of course, this is only the third most controversial retraction the Governor has issued in the last month.

– A bill that would require voters to show photo identification before casting a ballot has received first round approval from the Missouri House. A previous photo ID law in Missouri was struck down by the Missouri Supreme Court for being a “heavy and substantial burden on Missourians’ free exercise of the right of suffrage.”

– In Cleveland, an elections board test of voting machines has produced alarming results.  About 10% of voting machines failed the test, and the state has less than a month.

– Maryland has become the first state to count prison inmates as residents of their home address, instead of counting them as residents of their prison location.  The U.S. Census considers inmates to be residents of their prison, a practice that has been criticized as distorting the population count and leading to unfairness during the redistricting process.

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Solving the Epidemic of Disappearing Poll Workers – Part 1: Young People

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poll workersThere is a disease spreading throughout our nation’s polling locations. The graying of America is seen most potently behind the polls. Poll workers in America have an average age in the 70s, significantly older than the average age of AARP members (64). The current elderly class of civic-minded individuals who have fulfilled their civic duty responsibly for decades have been leaving out of confusion with new technology and the effects of their old age. As this void continues to grow, more and more options will need to be considered by state and local legislatures in order to ensure that elections go smoothly. This is the first post in a series about what could be done to help solve the problem of disappearing poll workers.

Young people are the future leaders of this country, but some local election laws could be more conductive to this passing of the torch as poll workers. States could learn from one another in this respect. Massachusetts passed a law in 2008 which allowed poll workers as young as 16. 29 other states allow poll workers to be under the age of 18. Arizona allows 16 and 17 year old high-school students to miss the day of school to be a poll worker (with parental permission), and even pays them for their service. There may be some concerns about the ability of minors to act as competent poll workers, but the minors are usually well supervised. The immediate reaction to this legislation in most states has been positive, including in Minnesota, where Secretary of State Mark Ritchie remarked the 16 and 17 year old poll workers “have been a burst of energy” and “a big success.” [Read more…] about Solving the Epidemic of Disappearing Poll Workers – Part 1: Young People

Weekly Wrap Up

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

– A recently filed lawsuit in North Carolina seeks to challenge Section 5 of the Voter Rights Act. Section 5 requires that certain states and municipalities “preclear” changes to their voting laws with the Attorney General.  Essentially, the Attorney General has a veto over any changes to voting laws in certain states, but not in others.  This North Carolina lawsuit (LaRoque v. Holder) claims that Section 5 exceeds Congress’s authority under the Fifth, Fourteenth, and Fifteenth Amendments to the Constitution.

– The iPad has already made its mark on the election law community.  Project Vote, a voter registration and engagement organization, is teaming with Echo Interaction Group to develop a new voter registration application for the iPad. The application would allow users to instantly and accurately record, collect, and upload voter data to a secure server.  Only four states currently allow online voter registration, but the organization is optimistic that more states will follow suit.

– California State Senator Leland Yee has introduced a bill that would permit same day registration in that state.

– The Ohio House of Representatives has unanimously passed a bill that will allow overseas military forces to request absentee ballots electronically, instead of requiring the request be sent through regular mail.

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William & Mary Election Law Symposium 2010 Video

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As promised, here’s a video of William & Mary’s Election Law Symposium.

“Back to the Drawing Board: The 2010 Census and the Politics of Redistricting”

From left to right, the panelists are John Hardin Young, Gerald Hebert, Jessica Amunson, and Trevor Potter.  For brief biographies of the panelists, see this post.

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