State of Elections

William & Mary Law School | Election Law Society

Alaska

Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

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By Tom Lukish

Lukish Post 1From its western banks along the Bering Strait to its eastern border with the Yukon Territory, Alaska encompasses a large terrain colloquially known as “The Last Frontier.”  A home for some 735,000, and a vacation destination for many more, America’s northernmost state perhaps likely comprises the only world several Yup’ik- and Gwich’in-speaking villagers have ever known.  Indeed, many in Alaska’s southwest region, “still depend upon subsistence fishing, hunting and gathering for food.”  For them, and for advocates nationwide of a more expansive Voting Rights Act (VRA), there is tremendous hope for the future.  3,770 miles from the pertinent jurisdiction in last year’s Shelby County v. Holder and nearly fifty years after the initial passing of the VRA, Alaska Natives present a new sort of story.

In certain parts of Alaska, such as those which encompass the Wade Hampton Census Area, American Indians and Alaska Natives amount to approximately 92% of the total population.  Perhaps realizing the cultural influence such individuals maintain, organizations like the Native American Rights Fund (NARF) have made efforts to assist natives as they seek increased political efficacy in the Land of the Midnight Sun. [Read more…] about Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

Language of Voting

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by Adam Barger, Contributor

Proper oversight of voting policy and procedure is being questioned in Alaska’s elections due to the lack of language assistance for Yup’ik speakers. The federal lawsuit, Toyukuk v. Treadwell, filed by the Native American Rights Fund (NARF), claims that Alaskan officials have violated the Voting Rights Act, as well as the 14th and 15th Amendments, by failing to provide appropriate language assistance to native Yup’ik speakers. The suit claims this lack of assistance has  prevented them from fully participating in the election process and suppressed voter turnout. According to a case update on the NARF website,  Natalie Landreth, Senior Staff Attorney with NARF, “Without complete, accurate, and uniform translations, the right to register and to vote is rendered meaningless to many Native voters.”

[Read more…] about Language of Voting

Hi, I’m IRV

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by Danny Muchoki

The underlying assumption of elections is that they capture voters’ preferences. Voters go into a booth, push a button/punch a card/pop a chad and when they’re all counted up we know that the person who wins over 50% of the votes is the winner. It’s obvious, right?

Not necessarily. In 1992, Bill Clinton became President with 43 percent of the vote. In 1998, Jesse “The Body” Ventura became governor of Minnesota while winning about 37 percent of the vote. In 2010 (again in Minnesota) Mark Dayton became governor with 43.6 percent of the vote. The runner- up was behind by just .4 (point four) percentage points – 43.2 percent.

A plurality system is simple, but some argue it is fundamentally unfair to let a candidate win with a plurality, let alone a plurality that is far short of a bare majority. [Read more…] about Hi, I’m IRV

Weekly Wrap Up

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Voter fraud by the Chief Election Official?: Charlie White, the Indiana Secretary of State, is being investigated by a grand jury to determine if he committed voter fraud during the May 2010 primary. White is accused of intentionally voting at the wrong precinct, a potential felony.

Misspellings can count: The Alaska Senate unanimously passed a bill on February 14 clarifying procedures for counting write-in ballots. The bill, a response to the highly-contested 2010 election of write-in candidate Lisa Murkowski, allows votes that misspell the candidates name to count. The bill now moves to the Alaska House.

$2,500 recuses a judge: Elected judges in New York will no longer be allowed to hear cases where a lawyer or party has made contributions to his/her campaign in excess of $2,500 in the last two years. The decision, a new rule announced by the state’s chief judge, is designed to curtail the effects of money in judicial politics and will take effect after a 60-day comment period.

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Weekly Wrap Up

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“It’s time to stop stonewalling”: The NAACP and the League of Women Voters filed a lawsuit against new Florida governor Rick Scott, demanding that he submit the voter-approved redistricting amendments to the Justice Department for review. Scott quietly withdrew a request for review in January shortly after taking office.

Misspellings might be OK in AK: A new measure proposed in the Alaska Senate would update the write-in laws, explicitly allowing minor misspellings on write-in votes to count. The law, proposed in response to the 2010 U.S. Senate election, cleared committee this week and should be voted on within days.

Voter IDs High on States’ Agendas: Across the nation, various states are considering voter identification laws. Some, like North Carolina’s proposal, have been in the works for several years; others, like in Minnesota, are new and focus on new technologies to prevent voter fraud. States like Texas, which are subject to the Voter Rights Act, must get these new laws–if passed–approved by the Department of Justice.

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