All States

The Will of the People: Michigan’s Ballot Initiative to Allow By-Mail Voting

Election Law Society · February 24, 2016 ·

Alexander Hamilton once said, “A share in the sovereignty of the state, which is exercised by the citizens at large, in voting at elections is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law.” In Michigan, the citizens have incredible power to voice their opinion and influence the sovereignty of their state. Through initiative, Michiganders may propose either a constitutional amendment, which does not require state legislative approval before being placed on the ballot, or state statutes, which must first be submitted to the state legislature for approval before being placed on the ballot. In order to participate in the initiative process, Michigan does not even require that the petitioner register with the state, but rather only requires that the petitioner report campaign contributions in excess of $500. However, petitioners may submit their proposal to the Bureau of Elections in order to greatly reduce the chance that formatting errors will prevent the proposal from being accepted.

Trying to Stop Drive-By-Voting in New Hampshire

Election Law Society · February 22, 2016 ·

By: C. Rose Moore

Round two of the “drive-by voting” battle in New Hampshire ended on September 16^th, 2015 when the New Hampshire Senate failed to override Governor Maggie Hassan’s veto of Senate Bill 179. That proposal would have required potential voters to be domiciled in the state for at least thirty days prior to an election. This was the second initiative purportedly aimed at combatting this type of fraud, which can be illustrated by the actions of Vice-President Joe Biden’s niece. While “she didn’t break the letter of the law… many people think she violated the spirit of it” by voting in the 2012 elections in New Hampshire after only working on the campaign there for a short time.

The Crossroads of America v. The Lone Star State: Comparison of Indiana and Texas ID Laws

Election Law Society · February 19, 2016 ·

By: Katie Teeters

Voter ID laws are spreading across the country leaving controversies in their wakes. Advocates believe requiring ID is a good way to prevent in-person voter fraud and increase public confidence in the election process, while opponents say that voter ID laws unduly burden the right to vote. Still, a total of 36 states have passed laws requiring a showing of some form of identification in order to vote. This blog post will take a look at voter ID laws and their respective implications in Texas and Indiana.

Bloated Voter Registration Rolls in Colorado Counties Could Support Implementation of Stricter Voting Requirements

Election Law Society · February 17, 2016 ·

By: Eric Speer

In late August 2015, the Public Interest Legal Foundation, a nonprofit organization dedicated to preserving election integrity, found that 10 counties in Colorado have over-inflated voter rolls. Pitkin, Mineral, Hinsdale, San Juan, Ouray, Summit, Dolores, San Miguel, Cheyenne and Boulder Counties were found to have more voters registered than people eligible to vote. This over inflation violates the National Voter Registration Act, which requires “states to keep voter registration lists accurate and current, such as identifying persons who have become ineligible due to having died or moved outside the jurisdiction.”

KS: Lack of Election Post-Audit Leaves Uncertainty in the Sunflower State

Election Law Society · February 15, 2016 ·

Quis custodiet ipsos custodes? Does anyone really watch the watchman? In Kansas, the state’s lack of an election post-audit is raising some questions, and a university professor wants to run the numbers on electronic voting machines in and around the state’s largest city.

Like other states across the Union, Kansas began using electronic voting machines following the presidential election of 2000 and the infamous “hanging chad” debacle in Florida. While many Kansas counties use optical scan paper ballots, the two most populous counties in the state, Sedgwick County (home of the state’s largest city, Wichita) and Johnson County (home of some of the most affluent Kansas City suburbs) use electronic voting machines. And while the machines in Sedgwick County print an extensive paper receipt, the machines used in Johnson County do not leave a paper trail.