Election Law Society

Did Texas House Members Violate the Texas Open Meetings Act When Redistricting?

Election Law Society · March 16, 2022 ·

By: Sarah Depew

On October 18, 2021, the Mexican American Legislative Caucus (MALC), the largest and oldest Latino legislative caucus in the nation, issued a public statement on their Twitter account stating that they filed a petition for deposition in order to investigate a possible violation of the Texas Open Meetings Act. More specifically, the public statement raised concerns about the possibility of secret communications and decision-making in Texas’ redistricting process.

Spoiler Alert: Sham Candidates Unduly Influence Florida Elections

Election Law Society · March 14, 2022 ·

Sham candidates are influencing outcomes in Florida elections. And it’s “not necessarily illegal.” Running sham candidates, or “ballot management,” is the practice of strategically running a no party affiliation (NPA) or third-party candidate not to win, but to siphon votes from a competitor. The 2020 race for Florida Senate District 37 illustrates the issue.

Incumbent Democratic state senator José Javier Rodríguez ran for reelection to his seat representing Florida’s Senate District 37, which he first won in 2016. His competitors were Republican Ileana Garcia and NPA candidate Alex Rodriguez— an auto parts dealer who conveniently shared the same last name as José Javier Rodríguez. Suspiciously, Alex Rodriquez did not appear to want to win the election, failing to campaign, speak publicly, or otherwise engage with voters. By itself, it’s possible Alex Rodriquez was someone who simply wanted to throw his hat into the ring, but perhaps lacked the will or resources for a full-throated campaign. Unfortunately, that was not the case.

Beyond Brnovich – How an Arizona Voting Rights Case Will Have Sweeping Consequences

Election Law Society · March 11, 2022 ·

By: Mike Arnone

In July, the Supreme Court handed down its decision in Brnovich v. DNC, arguably its most significant voting rights decision since Shelby County v. Holder in 2013. Two Arizona election restrictions were at issue in Brnovich, but the Court’s holding will have far-reaching consequences beyond the Grand Canyon State.

The restrictions at the heart of Brnovich prohibited out-of-precinct ballots from being counted and criminalized the collection of ballots for delivery to polling places, a common practice sometimes called “ballot harvesting.” In a 6-3 majority opinion written by Justice Alito, the Court upheld both provisions under Section Two of the Voting Rights Act of 1965 (VRA). The majority ruled that Section Two of the VRA could only be used to invalidate voting restrictions that place “substantial and disproportionate burdens on minority voters.” Because Arizona provided multiple ways to vote, “any burden associated with one option cannot be evaluated without also taking into account the other available means.” Burdens on voting, then, must be evaluated by the totality of the circumstances.

Bready or Not: Texas, 2022 Redistricting, and Donut-Shaped Districts

Election Law Society · March 9, 2022 ·

It has been ten years, a decennial census, and the Republican-controlled Texas legislature has redrawn the state maps, with incumbents finding themselves drawn out of their own districts and would-be challengers finding paths to success becoming narrower, donut- and donut-hole districts, and a flurry of legal and public pushback against the announced maps.

Incumbent Representative Vicente Gonzalez, whose district pre-redistricting was the Rio Grande Valley’s District 15, has announced his intent to run in the new District 34 – in part because his home is in the new district’s boundaries. In north Texas, similar issues are taking place: Salman Bhojani, a Democratic candidate for Texas Senate District 9 since May 2021, recently announced the end of his campaign after the redrawn maps completely changed District 9 from a competitive one to a safe Republican district. And when redrawing lines, even the party in charge cannot always avoid collateral damage, as in the odd case of District 34 losing six Republican-leaning counties to an adjacent district, just as the Republican Party had been making meaningful headway and the long-term Democratic incumbent was retiring. However, incumbent district-jumping isn’t new, at least for Texas. Longtime Congressman Lloyd Doggett, first elected to Congress in 1995, has already survived redrawing and jumping into new districts, and is looking to do so again with a jump from District 35 to District 37.

Minnesota ID: Will Voter Id Laws Be Enacted with The Coming Legislative Session?

Election Law Society · March 7, 2022 ·

By: Cullen Enabnit

An ongoing trend following the 2020 election pushed state legislatures to introduce more and more laws aimed at curtailing perceived voter fraud or the potential of it. One of the main ways states have approached this is by enacting different levels of voter identification laws. Currently there are 36 states that have some form of voter ID laws. Seven states currently have what is described as “strict” voter ID laws that require the voter to present one of a limited set of government issued IDs, and being without will prevent them from being able to vote.