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The Uninstructed Delegate: How Wisconsin’s Presidential Primary System Respects the Power of Voters and Parties

Election Law Society · January 16, 2019 ·

By: Colin Neal

In the wake of the historically violent 1968 Democratic National Convention, there was a national surge in favor of placing more of the political power of parties in the hands of the voters rather than the party elites. In the following decades, states have shifted towards a nomination system that ensures that the winner of a state’s primary—in which citizens have the right to vote for the candidate they choose for the nomination—will receive that state’s votes for nomination at the national party. The safeguards in place for maintenance of party power, such as the Democrat’s Superdelegates, ensure that some power remains in the hands of the party elites. However, these safeguards have also come under attack for their fortification of the party favorite early into an election, regardless of the popular will.

Hitting Pause on Ballot Initiatives: How State Legislatures Can Ensure Good Citizen Lawmaking While Still Respecting Popular Will

Election Law Society · January 14, 2019 ·

By: Reeana Keenen

In my last post, I discussed the merits and drawbacks of ballot initiatives as a form of direct democracy. The main contention with ballot initiatives is whether, in practice, they reflect popular will. In D.C. this past summer, the D.C. Council cited this concern when they decided to overturn Initiative 77, which had been approved by a 12 percent margin of voters in the same election that allowed many of those same Council members to secure their Council seats. The Council claimed the low turnout in the primary election on which the ballot measure appeared was so low it could not reflect the true will of the people. The Council further claimed that Initiative 77 passed with too narrow a margin to allow it to stand.

Maryland – Proof That Both Parties Will Gerrymander When Given the Chance

Election Law Society · January 9, 2019 ·

By: Drew Marvel

While the recent fascination with gerrymandering would suggest it is a recent development in American politics, the practice is far from new. Gerrymandering is the practice of drawing election districts so as to give one political party a majority in as many districts as possible by concentrating the voting strength of the other party into as few districts as possible – and it has been a consistent force in American politics since the early 1800s. Contrary to the popular view of Republicans as the primary, if not sole, proponents and benefactors of gerrymandering, politicians in every state, Republicans and Democrats alike, have utilized this tactic to entrench themselves into power.

Voting from the Mailbox

Election Law Society · January 2, 2019 ·

By: Matthew Catron

Voting can be cumbersome and inconvenient. Voters often experience long lines and crowded parking lots when they go to the polls to cast their ballots. Clearly, the inconveniences of voting can discourage voter turnout. Most people would consider this a small price to pay for democracy. However, Colorado is one of three states that has attempted to remedy this problem by conducting all-mail elections.

(Dis)respecting Communities of Interest

Election Law Society · December 31, 2018 ·

By: Elizabeth Brightwell

My fiancé and I just became homeowners in Richmond, Virginia. Our small, Cape Cod is located on Patterson Avenue, a main thoroughfare for Richmonders in the Near West End. Our new neighborhood attracts many young people, some with children and most with dogs. Most of our neighbors lead a Richmond-centric life, sending their children to Richmond’s Mary Munford Elementary and spending weekends in the city. [Read more…] about (Dis)respecting Communities of Interest