William & Mary Law School | Election Law Society
By: Matthew Hubbard
In 2014, Oregonians voted on Ballot Measure 90, which aimed to overhaul the state’s primary election system by establishing a nonpartisan blanket primary. A form of open primary, a nonpartisan blanket primary system requires all candidates for a political office to participate in a single primary. The top two vote getters from this primary advance to the general election, regardless of their stated party affiliation.
The rapid rise and evolution of the internet has fundamentally altered many aspects of our modern life. The way we interact with each other, the way business is conducted, and even the way we get our news and information has been changed by the internet and social media’s ability to instantly connect us to almost anyone in the world. Ideas can be shared, opinions voiced, and issues discussed with both friends and strangers alike through the stroke of a key. We now have the ability to connect with others and find common cause over issues and ideals that once would be barred by geographic limitations on communication. Computers are being made smaller, faster, and even being integrated into wearable objects like watches and glasses so we never have to be too far from the internet. The ability to reach millions of people instantly is being utilized in new and different ways by groups trying to disseminate their ideas and promote their agendas. How far should the amazing new ability for every individual to voice his or her opinion on the internet stretch into the realm of election law?
By: Will Cooke
The regulation of political activity in Arizona took a contentious turn over the summer of 2015. What began as a disputed fine levied against an independent group known as the Legacy Foundation Action Fund after the 2014 gubernatorial election, now pits two prominent regulatory agencies against each other in a battle over the regulation of independent expenditures and the groups who run them. The ad in question focused its criticism on the U.S. Conference of Mayors and its president, Scott Smith. Though the ad ran in multiple states across the country, its message proved especially relevant for Arizonans who were considering Scott Smith, then the mayor of Mesa, AZ, as a candidate for governor in the Republican Primary. Shortly after the election, the Citizens Clean Elections Commission determined the ad constituted an “independent expenditure” advocating for the defeat of Scott Smith and imposed a $95k fine on the Foundation for failing to disclose their spending as a campaign expense.
[Read more…] about Arizona’s Intrastate Battle To Regulate Dark Money Spending
By Patrick Sebastian
As a result of the residence requirements for public office in Illinois, it seems to be the case that a person could hold elected office in Illinois while living in another state. According to the Chicago Tribune, this came as a surprise to parents of Illinois’ Crete-Monee school district when concerned resident, Tammy Burnham, began asking questions about one of the school board members, Edward J. Anderson, Jr., and found out that his absence at recent school board meetings was due to the fact that he lived in Jacksonville, Florida. Records indicated that Anderson had filed for incorporation, listing himself as the corporation’s registered agent and listing his address as a Jacksonville apartment. Further, his house in Crete has been in foreclosure for months, and Burnham claims Anderson’s neighbors told her that Anderson indicated he did not plan to return. It appears based on the facts that Anderson has moved to Florida—but he remains on the school board in Crete, and he cannot be removed for having left.
By Briana Cornelius
On August 10, 2015, the New Jersey legislature passed a new state election law, Public Law 2015, Chapter 84, which limits the number of “Vote by Mail” ballots that a designated delivery person can pick up and deliver on behalf of other registered voters. Under the New Jersey “Vote by Mail Law,” an “authorized messenger” is an individual who is permitted to obtain mail-in ballots for other qualified voters. Previously, authorized messengers were allowed to obtain up to ten ballots for delivery to other voters, and “bearers” were permitted to return an unlimited number of completed ballots to county election boards on behalf of other voters. The new law, which took effect immediately, reduces the number of ballots that both an authorized messenger and bearer can deliver to just three. This change in the law (you can see the previous version of the law here) represents the first time there has been any limit on the number of ballots that a bearer can deliver to county election officials.