Election Law Society

John Doe is Dead – Wisconsin Supreme Court Denies Motion to Reconsider

Election Law Society · December 4, 2015 ·

By Dan Sinclair

It appears Wisconsin’s controversial “John Doe” investigations into conservative political groups is finally at an end. Again.

The Wisconsin Supreme Court Wednesday reaffirmed an earlier ruling that halted the investigations, declaring the acting special prosecutor has no grounds to continue investigation of groups suspected of illegally coordinating with the recall election campaigns of Wisconsin Governor Scott Walker.

Colorado School Board Recall Election Raises Questions about Campaign Finance Disclosures and the Role of Outside Money

Election Law Society · December 4, 2015 ·

By: Eric Speer

A county school board recall election in Colorado has brought focus once again to the influence of outside “dark money” on local political races. And campaign finance observers say that much of it will never be traced back to its source because of a confluence between IRS reporting regulations and a 2002 amendment to the Colorado constitution.

Two Letters, The National Voter Registration Act, and Voter-ID in Nebraska

Election Law Society · December 2, 2015 ·

By: Eric Sutton

On September 22, the Omaha World Herald published a story about two letters sent to seven Nebraska counties threatening lawsuits for voter registration irregularities. In particular, the letters alleged that the Nebraska counties of Wheeler, Loup, Kimball, Thurston, Hooker, Keya Paha, and Thomas have more registered voters than individuals of voting age. While the groups behind the letters argue that the threat of suit is designed to prevent voter fraud through effective maintenance of voter registration records, an examination of the Nebraska Legislature’s most recent session, and the past of the two organizations responsible for the letters, indicates that these letters may provide the foundation for a renewed push for voter-ID in Nebraska.

Vilified and Disenfranchised: Indiana’s New Law Blocks Sex Offenders from Common Polling Place

Election Law Society · November 30, 2015 ·

By: Jacob Kipp

The public’s sentiment toward sex offenders has long been overwhelmingly negative, fueling an ever-increasing number of legal restrictions. Perhaps the most reviled of all offenders are child molesters, which have been the target of national registration programs (though such registries are often over-inclusive). Those registries are widely used to restrict sex offenders from being anywhere near schools, parks, or youth centers. But what happens when sex offenders want to exercise their right to vote and are not allowed into their polling place because it happens to be a school?

Fusion Voting in Up Close: A Look at the Independence Party of New York

Election Law Society · November 25, 2015 ·

By: David Schlosser

Last year Brad Smith provided this blog with a post that gives an overview of fusion voting laws in New York State. In this post I would like to look into a case study that, for some, sheds some doubt on the desirability of fusion voting laws.

The Independence Party of the State of New York (IPNY) is a minor party that states on its website, “candidates and elected officials should be free to tell the voters what their views are, without dictates from political party bosses, special interest groups and restrictive party platforms.” With this in mind, in most elections the IPNY has preferred to endorse major party candidates under the fusion voting system, rather than nominate their own (they last endorsed Andrew Cuomo for governor, for instance). Because of fusion voting laws, the IPNY appears on the ballot year-in year-out, despite this general (though not absolute) refusal to nominate separate candidates. This is coupled with a lack of discernable political position, which sharply contrasts to many of New York’s other minor parties that owe their existence to the fusion system, such as the Conservative Party (on the right) and the Working Families Party (on the left). One New York Times columnist called the IPNY, “a bizarre amalgam of right-wing populists married to black leftists and once led by Fred Newman, a Marxist therapist…” In the party’s defense, its website does include a few statements on policy positions, such as an opposition to Common Core and a support for the Dream Act.