Election Law Society

Florida Former Felons Form Franchise Focus

Election Law Society · November 17, 2017 ·

By: Alannah Shubrick

All men are created equal. Then, some of those men go forth into the world and commit felonies. While felons in Maine or Vermont can cast ballots from the comfort of their prison cells, those convicted of felonies in Florida permanently lose their ability to vote.

Florida is one of only four states that permanently disenfranchise felons. Each of these states has procedures whereby individual felons can apply for clemency. However, in Florida, felons must wait an additional five years after completing the terms of their sentence before applying for clemency consideration. Then, only about 8% of clemency requests are granted.

How to Help the Homeless Vote in Hawaii

Election Law Society · November 15, 2017 ·

By: Avery Dobbs

The state of Hawaii has had the lowest voter turnout rate in the country in the past five presidential election cycles. While the reasons for low turnout rates are nuanced and multifactor, it is safe to say that at least part of the problem is inaccessibility of the polls for Hawaii’s many homeless residents. Hawaii currently has the highest rate of homelessness per capita in America with over seven thousand homeless residents in the state. Homeless residents are extremely vulnerable to public regulations but often have a limited say in decision making due to impediments to voting while homeless. While the only legal requirements for voting in Hawaii are 1) being properly registered to vote, 2) being a U.S. citizen and resident of Hawaii, and 3) being over the age of 18, the issue for homeless voters is how to register to vote without having an address or a photo ID. [Read more…] about How to Help the Homeless Vote in Hawaii

Texas Follows the Trend of Eliminating Straight Ticket Voting

Election Law Society · November 13, 2017 ·

In June, Texas Governor Greg Abbott signed House Bill 25 into law, which will eliminate the straight ticket voting option beginning in 2020. In the November 2016 elections, an estimated 63% of voters cast straight ticket ballots. The biggest selling point among supporters of the law revolves around the idea that voters will work to be more informed once it is in place, as the current straight ticket system allows voters to vote blindly for one party. A proposed amendment, requiring Department of Justice confirmation of the constitutionality of the measure prior to removal of straight ticket voting, did not pass with the bill. [Read more…] about Texas Follows the Trend of Eliminating Straight Ticket Voting

Efforts to Challenge Pennsylvania’s 2011 Redistricting Continue into 2017

Election Law Society · November 10, 2017 ·

By: Scott McMurty

Election law—and particularly map drawing—in Pennsylvania carries the potential to have significant impacts on the composition of government in Washington, as the state has long been considered a battleground in national elections. Yet despite its reputation for competitiveness, Pennsylvania’s Congressional delegation has consisted of thirteen Republicans and just five Democrats in the past three Congresses, following a redistricting overhaul by the Republican-controlled state legislature in 2011. This imbalance has sparked calls for redistricting reform in Pennsylvania, and in June became the subject of a legal challenge in Commonwealth Court by the League of Women Voters and disgruntled voters from some of the state’s more “convoluted” districts.

Democracy in the District: What is the Strength of the Franchise?

Election Law Society · November 8, 2017 ·

By: Evan Tucker

What is the strength of the franchise in America? The franchise is the device by which members of a democracy elect those who govern. The franchise’s strength, thus, is at its strongest when citizens cast votes freely and a candidate is duly elected. Conversely, the franchise is at its weakest when it is adversely affected by some entity, intending to weaken the effect of the franchise (e.g. gerrymandering or substantial changes to election type/voting procedures). The franchise in the District of Columbia is somewhere in between. There, the franchise is not weakened by intentional actions taken by the government, but instead by constitutional defect. Article I, section 8, clause 17 of the U.S. Constitution assigns to Congress the plenary power to legislate in the District. Citizens of the District, however, do not have voting members in either house of Congress. Most recognize this democratic tension as “taxation without representation,” which was one of the basis for America’s split with Britain. But the story is not that simple.