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It Takes Two: Washington State’s Primary System Divides Scholars, Unites Parties

Election Law Society · November 4, 2012 ·

by Devin Braun

As states like Arizona contemplate changes to their electoral primary systems, it’s important to give an update of how Washington State, one of the nation’s premier laboratories of the Top Two primary, along with Louisiana and California, has fared politically and legally since its overhaul in 2004. Washington’s system emerged from the wreckage of the Supreme Court’s rejection of blanket primaries in the 2000 case California Democratic Party v. Jones. In Washington, all eligible candidates list their party of preference, including but not limited to classics like the Employment and Wealth Party, and the top two vote-getters regardless of party advance to the general election. The logic behind such a model is that by opening up the primary to more candidates at one time, the likelihood will be greater of having to get the necessary support from closer to the political center. This would, in turn, produce more moderate politicians, activate greater interest among politically independent voters, and cut back against the corrosive influence of party machines. [Read more…] about It Takes Two: Washington State’s Primary System Divides Scholars, Unites Parties

Mail-In Ballot Fraud: Harvesting Votes in the Shadow of Texas’ Voter ID Controversy

Election Law Society · November 4, 2012 ·

by Andrew Lindsey

Almost every American realizes that democracies are only as legitimate as their rules for counting the votes. Voter fraud is an unfortunate reality in this country that undermines citizens’ faith in the electoral franchise, but few agree on its pervasiveness. Recently, a number of states have moved to enact stricter voting laws based on a concern that voter fraud is a considerably underrated threat to our electoral system. Opponents of these laws maintain that lawmakers are engaging in partisan exaggeration to disenfranchise minority constituents, and numerous lawsuits have already been filed in both state and federal court. Texas is a salient example, and many predict that the recent ruling against its voter identification (ID) law will make its way to the Supreme Court in the near future. [Read more…] about Mail-In Ballot Fraud: Harvesting Votes in the Shadow of Texas’ Voter ID Controversy

DC Ballot Access Free-for-All?

Election Law Society · November 3, 2012 ·

Is it better to leave the legislative process entirely in the hands of the elite or should the public have input? Recently The Washington Examiner reported on the disparity between getting a candidate on the ballot and getting an initiative on the ballot. According to this article, candidates are required to produce less than 4,000 signatures to qualify for ballot entry while initiatives require approximately 23,300 to qualify.  These standards are given in the DC election code. The candidate requirement is set at 2,000 signatures (for city wide board members participating in a primary)—limited to the political party of the candidate—or 1% of the political party, whichever is less.  If the candidate is not participating in a primary election, then the number of signatures is set at 1.5% of the registered voters or 3,000 signatures, whichever is less. Instead of these set numbers, initiatives require signatures from 5% of registered electors, with this list containing at least 5% of the electors from 5 separate wards. [Read more…] about DC Ballot Access Free-for-All?

Who Draws the Lines? California Experiment Intact, For Now

Election Law Society · November 3, 2012 ·

by Nathan Yu and Chelsea Bobo

When American legislators sit down to redraw district lines it is difficult to disentangle this redistricting process from the evils of gerrymandering and other forms of partisan abuse. Perhaps the party members we elect should not be closely involved in determining what our electoral districts look like. This is the conclusion a slim majority of California voters reached four years ago with the approval of Proposition 11. Also known as the Voters FIRST Act, Proposition 11 set up the California Citizens Redistricting Commission (CCRC), an independent redistricting commission. [Read more…] about Who Draws the Lines? California Experiment Intact, For Now

Bringing Elections Online in West Virginia

Election Law Society · November 2, 2012 ·

By Ian Mahoney

Every  election has its challenges and West Virginia has seen its fair share as of late. In addition to the factors one would expect to impede an election (such as geography, complicated rules, and confused voters), the state is reeling from the recent conviction and sentencing of three Lincoln County officials for election fraud. The issues of voter fraud and election integrity have received national attention this election season, which has led some states to raise the standards that voters must meet in order to cast their ballot. As tensions mount over keeping elections honest, it is difficult to imagine a state moving in the opposite direction and opening up their election process. Yet even in the face of clear violations of the law, West Virginia has still found ways to improve their election operations by relying on technology for transparency and efficiency.

The task of administering an election comes down to the difficult balance between meeting the demands of both voters and the law. These two interests are not necessarily competing, but it can be hard for officials to fulfill their legal obligations and still have the resources to properly inform and serve voters. Technological advancements may make both tasks easier. On this premise, West Virginia’s secretary of state’s office has embraced incorporating technological tools to help them both meet the letter of the law and reach the citizenry.

Statutory requirements are often treated with the most reverence, and typically have the most rigid policies attached to them. But that does not mean that it is impossible to streamline those tasks and bring them online. A recent example is West Virginia’s online “provisional ballot app,” introduced in May. Jake Glance, spokesperson for the secretary of state’s office, explains that the new app helps the state comply with the Help America Vote Act. According to the law, there must be a way for voters to check on the status of their provisional ballot. In this circumstance a website is the ideal method of compliance. Provisional ballots are cast in substantial numbers—the Pew Center on the States notes that voters cast more than 2 million nationwide in 2008—but not everyone that uses a provisional ballot will want to follow up on their vote’s status. Moving to an online system means that the service will be there for those who desire it without draining state resources.

Online communication also provides for the opportunity to go beyond what is required by law. Any way that officials can open up the process of government or assist voters in successfully casting their ballots leads to a more efficient and effective voting process. Some of this work can be done internally. Since October 2011 West Virginia’s secretary of state’s office has circulated a weekly newsletter to inform election officials of important news and deadlines. Directing this newsletter specifically to election officials represents an effort to encourage discussion and distribute critical information and is likely to have a large payoff when critical decisions need to be made.

Externally the secretary of state’s office is streamlining the way it coordinates with voters. Some of these techniques (such as Facebook and Twitter) are obvious, almost standard, nowadays. But the state has also expanded its services online in ways that help foster the ability to vote. West Virginia was one of fifteen states named an “All Star State” by the Military Voter Project. They earned the distinction for their encouragement of the right of servicemen and women that are overseas or are otherwise unable to make it their polling place to have their ballot sent to them electronically. The voter can then print out the ballot, fill it out, and send it back, cutting down the overall transaction time of absentee voting for servicemen and women.

Officials in West Virginia have dealt with egregious violations of election laws in the last year but have still found ways to markedly improve how they prepare for and operate elections. Election officials around the country are embracing new technologies to varying degrees. The example of West Virginia’s experience demonstrates how beneficial these tools can be for both election staff and voters.  Deploying tech tactics has become increasingly easier in the past two decades, These small improvements are poised to make a positive impact on Election Day.

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