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West Virginia Moves to Nonpartisan Judicial Elections in 2016

Election Law Society · November 2, 2015 ·

By: Stephanie Wilmes

As of 2013, thirteen states used nonpartisan judicial elections to select their state Supreme Court justice, and eighteen states used nonpartisan elections to select trial court judges at all levels. On March 25, 2015, West Virginia joined their number when Governor Earl Ray Tomblin signed HB 2010 into law.

[Read more…] about West Virginia Moves to Nonpartisan Judicial Elections in 2016

Right to a Write-In Vote in South Carolina?

Election Law Society · October 30, 2015 ·

By: Lauren Coleman

Greenville, South Carolina, will become the largest municipality in South Carolina to cancel an election this upcoming November.  Mayor Knox White and three members of the City Council are running unopposed and will take office without going through a formal election process.

[Read more…] about Right to a Write-In Vote in South Carolina?

NY Loophole Allows Individual’s $4.3 Million in Direct Contributions

Election Law Society · October 28, 2015 ·

By: Dan Carroll

Given the controversy surrounding the Supreme Court’s decisions upending federal campaign finance law in Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission, the average voter might be surprised to find out that federal law still prohibits corporations from making direct contributions to candidates for federal office and limits the amount individuals can contribute to a particular campaign. On the other hand, twenty-two states allow but limit direct contributions from corporations to candidates for state office.

[Read more…] about NY Loophole Allows Individual’s $4.3 Million in Direct Contributions

Lee v. Virginia Board of Elections: Wait, Virginians have to present a photo ID to vote?

Election Law Society · October 26, 2015 ·

By: Melissa Ryan

In 2013, Republican majorities in both houses of the Virginia General Assembly enacted a “voter ID law” that significantly restricts accepted forms of identification that voters must present before casting a ballot on Election Day. Now, officers at the election booths will require voters to present one of the following forms of photo identification: (1) a valid Virginia driver’s license; (2) a valid United States passport; (3) any photo identification issued by the Commonwealth, one of its political subdivisions, or the United States; (4) a valid student identification card containing a photograph of the voter and issued by any institution of higher education located in the Commonwealth; or (5) a valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business. Any voter that is unable to present an acceptable form of photo identification at the polls will be offered a provisional ballot, but the voter must deliver a copy of a proper form of identification to the electoral board by noon of the third day after the election. Provisional voters may submit copies by fax, e-mail, in-person submission, timely United States Postal Service, or commercial mail delivery.

[Read more…] about Lee v. Virginia Board of Elections: Wait, Virginians have to present a photo ID to vote?

Supreme Court hearing Maryland Redistricting Case is not “Frivolous” for Future of Election Law Procedure

Election Law Society · October 23, 2015 ·

By: Hayley A Steffen

The Supreme Court has famously asserted that the right to vote is “preservative of other basic civil and political rights.” Recognizing the right to vote is implicated in election law litigation, Congress enacted special procedures for adjudicating these claims under the Three-Judge Act of 1910. Now codified under 28 U.S.C. § 2284, one provision requires a three-judge district court to hear constitutional challenges to redistricting claims of any congressional or statewide legislative body. Although the statute reads that the single judge to whom the request for a three-judge panel is made “may determine that a panel is not necessary,” it is unclear under what standard the judge has the authority to do so. Next month, the Supreme Court will be called upon to clarify this standard in a case brought by a Maryland man challenging the state’s redistricting scheme.

[Read more…] about Supreme Court hearing Maryland Redistricting Case is not “Frivolous” for Future of Election Law Procedure

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