Election Law Society

2018 Elections: Controversy in Ohio

Election Law Society · April 3, 2019 ·

By: Emma McCarthy

For voters in the state of Ohio, the 2018 Election held in the balance the future of the state’s governance. With major state offices including the Governorship, Secretary of State, and Attorney General all up for grabs, every vote mattered as the next four years of state governance in Ohio was in question. That’s one of the reasons why, on November 6^th, the Campaign Legal Center, MacArthur Justice Center, and think tank Demos filed an emergency lawsuit and temporary restraining order in the U.S. District Court for the Southern District of Ohio, asking the court to require state officials to inform individuals currently jailed about their right to case an absentee ballot. In Ohio, absentee ballot requests were due November 2^nd, leaving any individual jailed after that time without ability to exercise their right to vote. Therefore, the suit was filed to in order to compel the state to deliver ballots to those individuals jailed, giving them the opportunity to exercise their right to vote.

The Legacy of Section 5 of the Voting Rights Act

Election Law Society · April 1, 2019 ·

By: Yang Cao

Although the Supreme Court has made section 5 of the Voting Rights Act essentially ineffective by declaring section 4(b) of the Voting Rights Act unconstitutional, the legacy of section 5 remains. The non-retrogression standard of section 5 is unsuitable to the current political situation of the United States and it has created problems in the past that continue to impact the United States today.

Virginia Midterms are Over, but Legal Case on Forged Signatures in 2nd Congressional District Continues On

Election Law Society · March 27, 2019 ·

By: Chelsea West

Elaine Luria, a Democrat, has defeated Republican Congressman Scott W. Taylor in Virginia’s 2nd Congressional District. Luria captured 51.1 percent of the vote, followed by Taylor with 48.9 percent. Taylor has represented the district in the House since 2017.

Despite the race being over, a legal case against Taylor’s campaign looms large. A public news station in Norfolk, Va. first reported in August 2018 that Taylor’s campaign was engaging in the underhanded practice of helping a rival qualify for the ballot to split potential opposition votes. According to documents filed with the FEC and the Virginia Department of Elections, workers on Taylor’s campaign collected hundreds of signatures to put an independent candidate in Virginia’s 2nd Congressional District election.

The Lone Star State: Hardly Alone in Election Administration Issues

Election Law Society · March 20, 2019 ·

By: Shawn Syed

Election administration is complex, to say the least. Decentralization, low funding, and a myriad of other issues play a role in the problems of administrating our elections. Every single state is sure to encounter some form of administration problem during election season. Texas is not alone in facing these issues. Below are just a few different issues Texas encountered leading up to and during the 2018 midterm elections.

The State of Texas received more than $23 million from the federal government in 2018 for a sole purpose: enhancing election security. This money comes thanks to the Help America Vote Act (HAVA). HAVA’s stated purpose is to establish a program to provide funds to states to help the security and administration of elections. According to the Texas Secretary of State’s office, only a portion of the $23 million had been used prior to the midterm election. A new monitoring tool, intrusion detection systems, and firewall protections were all put into place. The thought is that these tools will help discover potential problems by 2019 in order to fix them by the 2020 presidential election.

Voter ID and Automatic Voter Registration Compromise in West Virginia

Election Law Society · March 13, 2019 ·

By: Jakob Stalnaker

Voter ID legislation has become an intensely ideological issue. Traditionally, Republicans support such legislation, while Democrats tend to oppose it. Further, some Democratic states have innovated automatic voter registration, which automatically registers voters unless they choose to opt out of the voter rolls. In 2016, West Virginia passed compromise legislation which could prove to be a model for other states in the future. Conservative and liberal legislators passed an election law bill, HB 4013, which joined together automatic voter registration with a voter ID requirement. Further, the voter ID portion of the bill had a number of provisions which made it more palatable to traditional opponents, garnering the bill bipartisan support.