Election Law Society

Connecticut’s Current Battle over Campaign Contributions

Election Law Society · February 8, 2016 ·

By: Lauren Coleman

In 2014, Republicans filed a complaint against Connecticut Governor Dannel P. Malloy, alleging that he and the Democratic Party used state contractor funds in violation of state law for Malloy’s campaign. A legal battle has ensued, raising questions about the interplay between state and federal campaign finance laws, as well as the jurisdictional reach of the State Elections Enforcement Commission (SEEC) to conduct investigations. ‘

Massachusetts Rules against Ban on Lying in Campaigns

Election Law Society · February 5, 2016 ·

By: David Schlosser

Over the summer of 2015, a Massachusetts law banning lying in campaign ads was struck down by that state’s highest court. This decision mirrors that of an Ohio federal judge last year, a case previously covered on this blog by Sarah Wiley. Like the Ohio law, the Massachusetts law criminalized telling lies about candidates for political office, and was as on the books for several decades before being successfully challenged in court. The lawsuit arose when a Democratic state representative alleged that a right-leaning PAC lied in a campaign brochure. The brochure in question alleged that Rep. Brian Mannal sponsored a bill that would “help convicted sex offenders” because he—as a defense attorney who had represented sex offenders in the past—stood to profit. Mannal maintained that he never provided legal representation to sex offenders. One of the bills in question would make GPS tracking devices optional for sex offenders on parole, rather than mandatory. After filing the bill in 2013, Mannal reported that he received death threats.

The Fourth Time is the Charm: Ohio Voters Implement a Bipartisan Redistricting Commission

Election Law Society · February 3, 2016 ·

By: Kelsey Carpenter

On Election Day 2015, Ohio voters implemented ballot initiative Issue 1. This initiative creates a bipartisan redistricting commission to draw the state legislative district lines following the 2020 census, as opposed to the current system that allows the majority party to elect five partisan members to the redistricting commission. According to Issue 1, a seven-member panel that includes representatives from both the majority and minority parties will redraw the lines. The redistricting plan will pass for four years if four members of the panel accept the lines, while it will last for ten years if at least two of those votes come from members of the minority party. It is an interesting plan that attempts to eliminate partisan politics by incentivizing bipartisanship and cooperation.

Ballot Initiatives for Marijuana Legalization Track Public Opinion

Election Law Society · February 1, 2016 ·

By Hannah Whiteker

Fans of direct democracy should be excited about the increased use of state ballot initiatives to legalize marijuana use. Direct democracy allows citizens to enact and change laws, instead of electing representatives to make important decisions for them. One of the ways that the United States utilizes direct democracy is through state ballot initiatives. If a group of voters wants to get an initiative on the ballot to pass a law in their state (there is no initiative process for federal elections), the group must first get enough voters to sign a petition supporting the initiative. The number of signatures required varies by state. If the group satisfies the signature requirement, the initiative is put on the ballot for the next statewide election to be voted on by the people.

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OK: Independents, Welcome to the Democratic Primaries

Election Law Society · January 29, 2016 ·

By: Ajinur Setiwaldi

The Oklahoma Democratic Party is making history this year by opening up their primaries to independent voters. Delegates at the state convention approved (314-147) the change in July 2015 and expect independent voters to participate in the party’s presidential primaries in March 2016. Registered independents will also be able to participate in democratic primaries for all state and local elections.