Election Law Society

The Political Posturing Taking Shape Around Indiana’s Early Voting Rights Litigation: Common Cause Indiana v. Marion County Election Board

Election Law Society · March 30, 2018 ·

By: Evan Fraughiger

Common Cause Indiana v. Marion County Election Board is a case arising out of the region surrounding Indiana’s capital, Indianapolis. Following the 2008 election, Republican members of the Marion County Election Board allegedly engaged in a plan to prevent Marion County (the largest county in Indiana) from expanding its early voting sites. Marion County originally had three early voting locations in 2008 but in every subsequent election, that number was reduced to one solitary site. For a more detailed account of the history of this case and the surrounding context, please read my earlier post here.

Alabama Ready to Prosecute Crossover Voters

Election Law Society · March 28, 2018 ·

By: Lydia Warkentin

As discussed in my previous blog post, Alabama passed a law in 2017 prohibiting crossover voting, which occurs when voters vote in the primary of one party and then the primary runoff of another party. The stated purpose behind the law is to keep members of one party from having an undue influence on the other party’s candidate. “It helps Democrats choose Democratic candidates, it helps Republicans choose Republican candidates,” said Senator Tom Whatley, who sponsored the bill.

All GAB, No Action

Election Law Society · March 26, 2018 ·

By: George Nwanze

There is an old Latin saying “quis custodiet ipsos custodes” or “who will watch the watchers.” This saying has been invoked countless times over the centuries to suggest that to those who great power is conferred, it must be tempered with oversight. In the state of Wisconsin, however, it is not readily apparent who is behind the wheel of the state’s election process. Starting in 2008, Wisconsin sought to venture in a bold new direction in campaign finance law with its creation of a nonpartisan board, the Government Accountability Board (GAB), that would be tasked with regulation of campaign finance in the state. The GAB had its impetus in the 2001 campaign scandal in which staffers in the state legislature impermissibly used state funds to engage in partisan campaigning. In response to this scandal—in which both sides were accused of misappropriation of public funds–the first act of the 2007 legislative session called for the creation of a state agency, a combination of the state’s ethics and election boards, that would be charged with election supervision.

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Virginia Supreme Court Applies Strict Standard for Removing Elected Officials

Election Law Society · March 24, 2018 ·

By: Cody Brandon

In October of last year, the State of Elections blog previewed an appeal to the Supreme Court of Virginia questioning the requirements of Virginia Code §§ 24.2-233 and 235. The Court, on March 1, 2018, answered those questions. As predicted, this decision will have a substantial impact on the process for removing elected officials in Virginia. For a detailed discussion of the history of the case and the arguments of the parties, read the original post previewing the case. This post will cover analysis of the opinion and its effect.

Florida Online Voter Registration: Cybersecurity vs. Burdening Eligible Voters

Election Law Society · March 23, 2018 ·

By: Alannah Shubrick

In 2015, the Florida Legislature passed a bill permitting Floridians to register online to vote. Two years later, registertovoteflorida.gov finally went live in October. Now, Florida is one among 35 states that allow voters the option to register to vote online. The new online voter-registration system is part of broad efforts across the state to modernize the Florida voter registration system and enable all eligible Floridians to join the electorate.