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Are long lines to vote in Georgia unconstitutional? We may soon find out

Election Law Society · September 30, 2020 ·

By Alex Lipow

In recent years, Georgia has become a posterchild for election controversies and administrative snafus. Election disputes have ranged from claims of unconstitutional racial gerrymandering to allegations of a conflict of interest in administering the 2018 gubernatorial election. With these issues in the background, a federal court is wrestling with a more fundamental question: do long voting lines in Georgia—which were the longest in the country in 2018 and 29 percent longer in black neighborhoods than in white neighborhoods—violate the U.S. Constitution? 

On August 6, 2020, three Georgia voters, the Democratic Senatorial Campaign Committee, and the Democratic Party of Georgia (the “Plaintiffs”) filed suit against Georgia’s secretary of state, members of nine county boards of election from counties with some of the longest lines in the most recent election, and members of Georgia’s State Election Board (the “Defendants”). In their complaint, the Plaintiffs contend that the long voting lines, which have become longer and longer in each of the most recent elections, stem from the Defendants’ “persistent closure and consolidation of polling locations and failure to provide adequate election equipment, elections officials and volunteers with sufficient training, available technicians to address technical problems that arise, sufficient time to set up polling locations, and emergency paper ballots for backup when equipment breaks down or malfunctions.” 

[Read more…] about Are long lines to vote in Georgia unconstitutional? We may soon find out

All Eyes on Absentee Voting: Wisconsin Races to Distribute Ballots After Green Light from Supreme Court

Election Law Society · September 21, 2020 ·

By: Mikaela Phillips  

The April 2020 presidential primary in Wisconsin drew national attention during the early days of the coronavirus pandemic. Even the United States Supreme Court weighed in, blocking the extension of absentee voting beyond the statutory deadline that requires ballots to be received by 8 p.m. on election day.

In April 2020, the state saw a surge in voting by mail. Absentee ballots accounted for roughly 6% of the votes tallied in the 2016 and 2018 general elections in Wisconsin. In stark contrast, over 60% of the total votes counted in the April primary were cast via absentee ballots. However, that figure does not paint the whole picture of rise in vote by-mail efforts. The state rejected over 23,000 mail-in ballots during the primary, most often due to witnesses’ failure to complete one line of the certification form.  [Read more…] about All Eyes on Absentee Voting: Wisconsin Races to Distribute Ballots After Green Light from Supreme Court

Kanye West Won’t Be on the VA Ballot (For Now, At Least)

Election Law Society · September 17, 2020 ·

By: Canaan Suitt

On July 4, 2020, Kanye West tweeted that he was running for President of the United States. However, the following day CNN reported that Kanye had not taken any of the necessary steps to effectuate this plan – including filing paperwork with the FEC and getting on state ballots. In fact, by mid July West had already missed several states’ deadlines to get on the November ballot.

[Read more…] about Kanye West Won’t Be on the VA Ballot (For Now, At Least)

Money Talks, but Donors’ Voices Don’t Matter

Election Law Society · July 7, 2020 ·

By: Helen L. Brewer

The U.S. Supreme Court has long held that spending money on political campaigns is a First Amendment right. Donations to, and expenditures by, campaigns—according to the Court—are political speech. As such, the First Amendment protects this money from government regulation. Laws can only place limits on campaign money if there is a risk the money will cause quid pro quo corruption or the appearance of such corruption. Therefore, despite the First Amendment’s protection of campaign funds, individual donations to candidate campaigns can be limited by the government. This prevents an individual from donating mass amounts of money to a campaign in exchange for special treatment when the candidate is elected to office.
[Read more…] about Money Talks, but Donors’ Voices Don’t Matter

Campaign Finance and Court Cases and Killed Bills, Oh My!: Is Oregon on the Way to Contribution Limits?

Election Law Society · April 29, 2020 ·

By: Laura Misch

Currently, Oregon is one of five states—along with Alabama, Nebraska, Utah, and Virginia—that allows for unlimited campaign contributions. As a result, the money has been pouring into state elections. Just last year, the gubernatorial race between Democratic incumbent Kate Brown and Republican Knute Buehler became the most expensive one in the state’s history, as contributions amounted to over $37 million. Phil Knight, a co-founder of Nike, alone donated $2.5 million to the Buehler campaign. The Oregonian also published a series called “Polluted by Money,” which found that over the last ten years corporate interests gave more money to Oregon lawmakers than any other state in the United States.

[Read more…] about Campaign Finance and Court Cases and Killed Bills, Oh My!: Is Oregon on the Way to Contribution Limits?

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