State of Elections

William & Mary Law School | Election Law Society

Election Law Society

Reconsidering the Recall in the Rockies

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By: Helen L. Brewer

Colorado is one of 19 states in which voters can recall elected officials from office at any time. Generally, recall elections occur when a certain percentage of a state’s population (determined by state law) signs a petition demanding a recall election be held. In some states, two elections are held: one in which voters must vote “Yes” or “No” on whether to recall the official against whom the petitions were directed, and a second election (if a majority of voters votes “Yes” in the first election) in which the recalled official’s successor is elected. In other states, including Colorado, these questions are placed on the same ballot – the recall process culminates in a single election. [Read more…] about Reconsidering the Recall in the Rockies

Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact

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By: James Lomonosoff

On November 6, 2018, an overwhelming majority of Florida voters voted to pass Florida Amendment 4, also known as the Voting Rights Restoration for Felons Initiative. Prior to the Amendment’s passing, some 1.5 million Floridians were barred from participating in elections on account of past felony convictions. The objective behind the Amendment, as articulated by its primary sponsor, the Florida Rights Restoration Coalition, was simple enough: “to end[] the disenfranchisement and discrimination against people with convictions.” The language of the amendment, at least as viewed by its advocates, seemed equally clear: “any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” Notably, the amendment did not restore voting rights to those convicted of homicide or felony sexual offenses. [Read more…] about Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact

Can State Laws Fill the Gap Left by Shelby County v. Holder?

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By: Trevor Bernardo

Following the Supreme Court’s landmark decision to invalidate the coverage formula of the Voting Rights Act in Shelby County v. Holder, many wondered what impact the decision would have on minority voting access. The Brennan Center has found that formerly covered jurisdictions, like Texas and North Carolina, have passed restrictive voting laws (think voter ID) and purged voters from voter rolls at higher rates than non-covered jurisdictions. [Read more…] about Can State Laws Fill the Gap Left by Shelby County v. Holder?

Wyoming’s Irony: The LLC Loophole

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Limited Liability Corporations (LLCs) are now commonplace in the American economy. In fact, they are being formed three or four to one in comparison to corporations. While these pass-through tax entities are often good for local businesses, the regulation of LLCs differs by state and this can create interesting challenges within state lines. This is currently true in Wyoming, where the loose regulation of LLCs is meant to favor incoming business, but also creates an “LLC Loophole” in the regulation of campaign finance. This dichotomy in regulation becomes ironic when you recall that Wyoming created the first LLC in 1977. [Read more…] about Wyoming’s Irony: The LLC Loophole

Voting Rights Groups can Breathe a Sigh of Relief After Federal Court Blocks Strict Voter Registration Law in Tennessee

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By Joshua Wagner

By almost any metric, Tennessee’s record when it comes to participation in elections is among the most dismal in the country. According to MIT’s Election Performance Indicators, Tennessee was ranked 48th in voter turnout and 44th in voter registration in 2016, a systematic problem which pervades local, state, and federal elections. This is in no small part thanks to the state’s relatively restrictive voting laws. It seemed like Tennessee’s registration numbers would take another hit earlier this year when the state legislature passed HB1079, which would have seriously hindered the work of groups encouraging voter registration. However, voting rights interests and organizers of registration drives dodged a bullet when a federal court granted a preliminary injunction against enforcement of the law. [Read more…] about Voting Rights Groups can Breathe a Sigh of Relief After Federal Court Blocks Strict Voter Registration Law in Tennessee