Election Law Society

WV: Can’t Change Your Stripes, At Least Not For 60 Days

Election Law Society · December 15, 2016 ·

By: Brooke Hannah

Everyone knows that anxious feeling that starts to creep in as an upcoming deadline gets closer and closer. Everyone also knows the dread and panic that takes over upon realizing a deadline has passed. If you are fortunate, maybe someone will be willing to provide an extension. Or perhaps there is an alternative way to obtain your goal. Unfortunately for Erik Patrick Wells (“Wells”), the Supreme Court of Appeals of West Virginia did not provide him the relief he had hoped for after he sought an alternative way to obtain candidacy after missing a deadline.

MD: Success in Voting Rights Restoration and Difficulties in Research

Election Law Society · December 13, 2016 ·

By: Mengxin (Esther) Cui

After a lengthy effort, Marylanders with felony convictions finally regained their voting rights automatically upon completion of their sentences. Unlike most states that automatically restore voting rights to people upon completion of their sentences, Maryland’s new policy does not require people to complete terms of probation or parole before restoring their right to vote (with the one exception that those convicted of buying or selling votes never regain eligibility to register to vote). This change in Maryland’s policy followed the state legislature’s veto override on February 9, 2016. Around 40,000 people are the beneficiaries of this override.

De-Clawing a Badger: Western District of Wisconsin Softens State Voter ID Law

Election Law Society · December 8, 2016 ·

In a sweeping opinion handed down in late July, United States District Judge James Peterson struck a substantial number of voting provisions from the books in Wisconsin. The opinion, which spans 119 pages, found that multiple voter restrictions enacted by the state legislature were motivated by a desire to advantage incumbent and aspiring Republican officials. The court first rejected the plaintiffs’ facial challenge, relying on a 7^th Circuit decision which held that even if some voters have trouble complying with the law, and those voters tend to be racial minorities, the law is not necessarily facially unconstitutional. This initial victory in preserving the overall voter ID law marks the extent of the defendants’ success in the case.

If You Can’t Beat Them, Join Them: Seattle’s counterintuitive response to too much money in politics

Election Law Society · December 6, 2016 ·

By: Anna Ellermeier

In November 2015, voters in Seattle approved Initiative 122, creating the first-ever Democracy Voucher Program. The program provides registered Seattle voters with four vouchers—or “democracy dollars”—each worth $25. Voters can then take these vouchers and give them to any candidate for city council, mayor, or city attorney who participates in the program.

The idea for the initiative grew out of a concern about the role campaign financing plays in Seattle elections, and the sentiment that the rich, through their money, have a larger voice in politics. For example, a 2013 study revealed that half of the money raised for races in Seattle’s 2013 election cycle came from just 1,683 donors, which is about 0.3% of Seattle adults.

Michigan Lawsuit Challenges State Ballot Selfie Ban

Election Law Society · December 2, 2016 ·

By: Sara Krauss

In the November 2012 election, Michigan voter Joel Crookston posted a photo of part of his completed ballot on Facebook, demonstrating his write in-vote for a friend for the position of Michigan State University trustee. On September 9, 2016, Pillar of Law filed a lawsuit on his behalf, arguing that the state laws requiring he forfeit his vote, and potentially receive a fine or jail time for the misdemeanor, is unconstitutional.