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Supreme Court Strikes Down Section 4 of the Voting Rights Act

Election Law Society · June 25, 2013 ·

The Court did not strike down Section 5 preclearence provisions, but as the New York Times explains, after today’s ruling, Section 5 is “without significance — unless Congress passes a new bill for determining which states would be covered.”

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Supreme Court Strikes Down Arizona Proof-of-Citizenship Voting Requirement

Election Law Society · June 17, 2013 ·

The Court ruled 7-2 that Arizona’s law was preempted by the 1993 National Voter Registration Act.

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Virginia Governor Bob McDonnell Decides to Automatically Restore Voting Rights for Non-violent Felons

Election Law Society · June 16, 2013 ·

Washington Times calls it “an evolution of sorts on criminal justice policy” for the Republican Party. Previously, non-violent felons had to wait a minimum of two years and then petition for the restoration of their voting rights.

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Ethics Tightened on D.C. Government

Election Law Society · May 22, 2013 ·

by Andy McCoy, Contributor

Voters in Washington, DC recently enacted three charter amendments relating to ethics.  Amendment V, which passed with 85% support, would allow the DC Council to expel a member by a 5/6 vote if the Council could demonstrate a gross failure to meet the highest standards of conduct.  Amendments VI and VII, which both passed with over 75% support, would disqualify felons from holding a Council seat or the Mayor’s office.  Amendments VI and VII are both limited in scope as they only disqualify individuals that were convicted of a felony while holding the office.  This would have the effect of immediately expelling a Mayor or Council member upon conviction for any felony and also barring the individual from holding that particular office again.  Interestingly a Council member convicted while serving on the Council would not be disqualified from serving as Mayor and vice versa.  These Amendments would also fail to bar candidates who resigned before conviction from holding the same office again in the future.  [Read more…] about Ethics Tightened on D.C. Government

Nebraskan Improprieties: They’re Only Illegal If the Legislature Says So

Election Law Society · May 16, 2013 ·

Public corruption is something all Americans abhor, even the appearance of it.  That is especially true when it comes to our elections, the fundamental building blocks of the democratic process.  But acts of corruption are only illegal to the extent that the law says so.  One cannot commit an illegal act where the law does not prohibit such conduct.  Christopher Geary, a one-time hopeful for the Nebraska Legislature, is living proof of this principle.

Nebraska’s 7th Legislative District encompasses parts of downtown Omaha and neighboring Douglas County.  During the 2012 election cycle, District 7’s residing incumbent was Jeremy Nordquist.  Christopher Geary challenged Nordquist in the officially non-partisan primary and funded his campaign with mostly personal expenditures.  Geary ultimately lost by a significant margin.  Instead of immediately removing his name from the general election ballot, however, Geary decided to attempt a recovery of his personal funds spent on the campaign.  He did so with the following email to Nordquist:  [Read more…] about Nebraskan Improprieties: They’re Only Illegal If the Legislature Says So

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