State of Elections

William & Mary Law School | Election Law Society

All States

Dakota Drama: Could Controversial North Dakota Voter ID Law Migrate South?

· ·

By: Daniel Long

This past summer, the Eighth Circuit held that a controversial North Dakota law requiring very specific forms of voter identification could go into effect, vacating a district court’s injunction. The law in question, N.D. Cent. Code § 16.1-01-04.1, requires prospective voters to present identification that includes a North Dakota residential street address. If the prospective voter’s identification does not have a current residential street address, the voter may present other supplemental forms as well, such as a utility bill, provided that these forms contain a current residential address. North Dakota’s voter ID law received fierce backlash from Native Americans, whose IDs typically contain P.O. boxes rather than residential street addresses. The Eighth Circuit’s ruling begs the question, could North Dakota’s voter ID law migrate south to South Dakota? [Read more…] about Dakota Drama: Could Controversial North Dakota Voter ID Law Migrate South?

Implementation of Nevada’s “Motor Voter” Initiative Races Toward the Finish Line

· ·

By: Laura Misch

During the November 2018 mid-term elections, Nevada voters had the opportunity to vote “yes” or “no” on Question 5—a ballot measure that would establish an automatic voter registration system in the state. The voters’ answer was a resounding yes, with approximately sixty percent voting in favor of the initiative. This enactment of an automatic voter registration system follows a larger trend that is quickly sweeping the nation. Prior to the 2018 elections, a total of eleven states, plus the District of Columbia, passed automatic voter registration. In 2018, Nevada became one of the six newest states to enact such a system. However, passing the ballot measure has proven to be only half the battle. [Read more…] about Implementation of Nevada’s “Motor Voter” Initiative Races Toward the Finish Line

Reconsidering the Recall in the Rockies

· ·

By: Helen L. Brewer

Colorado is one of 19 states in which voters can recall elected officials from office at any time. Generally, recall elections occur when a certain percentage of a state’s population (determined by state law) signs a petition demanding a recall election be held. In some states, two elections are held: one in which voters must vote “Yes” or “No” on whether to recall the official against whom the petitions were directed, and a second election (if a majority of voters votes “Yes” in the first election) in which the recalled official’s successor is elected. In other states, including Colorado, these questions are placed on the same ballot – the recall process culminates in a single election. [Read more…] about Reconsidering the Recall in the Rockies

Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact

· ·

By: James Lomonosoff

On November 6, 2018, an overwhelming majority of Florida voters voted to pass Florida Amendment 4, also known as the Voting Rights Restoration for Felons Initiative. Prior to the Amendment’s passing, some 1.5 million Floridians were barred from participating in elections on account of past felony convictions. The objective behind the Amendment, as articulated by its primary sponsor, the Florida Rights Restoration Coalition, was simple enough: “to end[] the disenfranchisement and discrimination against people with convictions.” The language of the amendment, at least as viewed by its advocates, seemed equally clear: “any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” Notably, the amendment did not restore voting rights to those convicted of homicide or felony sexual offenses. [Read more…] about Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact

Can State Laws Fill the Gap Left by Shelby County v. Holder?

· ·

By: Trevor Bernardo

Following the Supreme Court’s landmark decision to invalidate the coverage formula of the Voting Rights Act in Shelby County v. Holder, many wondered what impact the decision would have on minority voting access. The Brennan Center has found that formerly covered jurisdictions, like Texas and North Carolina, have passed restrictive voting laws (think voter ID) and purged voters from voter rolls at higher rates than non-covered jurisdictions. [Read more…] about Can State Laws Fill the Gap Left by Shelby County v. Holder?