William & Mary Law School | Election Law Society
In one sense, North Dakota’s voting laws are lax as North Dakota is the only state without voter registration requirements. In another sense, North Dakota’s voting laws are anything but lax as a federal district court recently found North Dakota’s voter identification law (also referred to as “HB 1332”) to be unduly burdensome.
[Read more…] about The Demise of North Dakota’s Voter Identification Law
By: Collin Crookenden
Though the history of minor-party candidates dates back to long before the advent of political primaries, the solidification of the two major political parties has prohibited third-party candidates from being true challengers in presidential races. In fact, since George Wallace’s semi-successful campaign in 1968, no third-party representative has won a single electoral college vote. Instead of vying for the presidency, like Theodore Roosevelt in 1912 or Wallace in 1968, recent minor-party candidates are running to “make a statement against the two-party system.” However, the 2016 presidential election cycle highlighted the lack of faith in the two major political parties and the strengthening desire from many for strong third party or independent presidential candidates. Both major-party candidates had unfavorable ratings higher than 50% through Election Day, which activated a large push for third-party candidates on all state ballots and questioned state laws on ballot access.
[Read more…] about Small Parties Put Up Big Fight for Ballot Access in North Carolina
By: Carrie Mattingly
In Kentucky, all state court judges are elected in nonpartisan elections. Kentucky’s Code of Judicial Conduct seeks to keep candidates on nonpartisan message. But the 6th Circuit Court of Appeals recently struck down some judicial campaign restrictions on First Amendment grounds.
One sitting and two aspiring Kentucky judges brought suit to stop the enforcement of these judicial canons against them. Robert A. Winter, Jr. distributed campaign literature identifying himself as a “lifelong Republican,” and he received a letter stating that this literature may have violated the canon prohibiting campaigning “as a member of a political organization.” Judge Allison Jones asked voters to “re-elect” her, even though she was initially appointed to her seat, and pledged to provide stiff penalties for heroin dealers if elected. She also received a letter stating that her “re-elect” statement may have violated the canon prohibiting “false and misleading statements” and that her “stiff penalties” comment may have been an impermissible “commitment” inconsistent with the impartial performance of judicial duties. Finally, Judge Cameron J. Blau wished to give speeches supporting the Republican Party, to hold Republican fundraisers, to seek and receive Republican endorsements, and to donate to candidates and to the party, but he refrained in fear of sanctions.
By: Benjamin Daily
Despite worries that confusion about voter ID requirements in the wake of Veasey v. Abbott would keep voters away from the polls, Texas’ ten largest counties saw record numbers of early voters. Early vote totals consistently surpassed comparable totals in 2008 and 2012. Although the overall turnout rate was slightly less than in 2008, due primarily to increased turnout not keeping up with population growth, more Texans voted this year than in 2008 and 2012.
[Read more…] about Texas: Early Vote Totals Set Records as State Grapples with Voter ID Decision
By: Brooke Hannah
What if registering to vote was as easy as riding a bike? Well, maybe not a bike, but what about as easy and effortless as driving a car after years of experience? While it may not be quite that simple yet, West Virginia has made it close to being that simple as they have just passed a bill allowing for the information of those who get a driver’s license or identification card to be submitted into the voter registration process. Promoting and simplifying the voter registration process is an important goal for West Virginia. The state has demonstrated its dedication to improving the voter registration process by implementing automatic voter registration, launching online voter registration, and becoming a voting member of the Electronic Registration Information Center (“ERIC”).
[Read more…] about Registering to Vote, As Easy As Driving a Car?