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Alabama sidesteps VRA § 5 preclearance status quo: I’ll see you in court

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by John Alford

As part of the mandated decennial redistricting, the Alabama legislature will change the lines for the State’s congressional and school board districts. Current and proposed maps can be found here. This redistricting will alter the political landscape of the State, but before Alabama can move forward on redistricting, the Federal Government has to approve of the new map as per the Voting Rights Act § 5 (“VRA”). Under the VRA § 5, there are two paths Alabama can take to get preclearance. It can seek approval through the Justice Department (DOJ) or through the U.S. District Court for the District of Columbia. (For more on the VRA § 5, particularly why and how states like Alabama get preclearance from the Federal Government, see here.) Alabama has opted to take the matter to court.

Like many other covered jurisdictions, Alabama is unhappy with the requirement that the Justice Department (DOJ) keep tabs on its election process. To wit, Shelby County recently filed suit challenging the constitutionality of the preclearance process, so far unsuccessfully (see more about this lawsuit here.) The opinion in Shelby County emanates from the same court from which Alabama is seeking preclearance on redistricting. But the ruling against Shelby County should not alter how the District Court views the issue here. Overturning VRA § 5 would be an extreme political move, essentially declaring that issues of race no longer disrupt the electoral process in states historically notorious for prejudicial practices. Granting preclearance to a redistricting plan, as routinely done in the past, is nowhere near as high a hurdle for Alabama to clear. [Read more…] about Alabama sidesteps VRA § 5 preclearance status quo: I’ll see you in court

Montana to vote on Supreme Court justice elections

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by Elderidge Nichols

On April 18, 2011, the Montana state legislature passed SB 268 which calls for a referendum vote to determine the future of elections for the Montana Supreme Court.  On June 5, 2012, on the 2012 Primary Election Ballot, voters in Montana will determine whether Montana will begin to elect Supreme Court justices by districts.

Although the Montana state senate passed SB 268 the Attorney General’s office and Secretary of State are statutorily obligated to approve of the language of the Statement of Purpose designed to explain the purpose of the referendum.  Andrew Huff, Assistant Attorney General of the state of Montana, passed along a copy of the accepted language. The Statement of Purpose reads:

The Montana Supreme Court is composed of seven justices, one of whom is Chief Justice. Under current law, the justices are elected statewide and each Montanan votes for all seven positions. LR-119 would change existing law so that each justice is elected from one of seven districts of approximately equal population, with the Chief Justice then chosen from the seven by majority vote of the justices. Only Montanans living in each district would vote for their district’s justice. Justices must reside in their district when initially elected. [Read more…] about Montana to vote on Supreme Court justice elections

A series of tubes: Transmitting ballots via the Internet

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by Anthony Balady

The Internet is a strange and unpredictable place, filled with cats playing keyboard and Rick Astley videos. It’s the kind of place you wouldn’t want your ballot floating around without protection. So, ever since the widespread adoption of electronic voting machines, voters and election administrators alike have feared for the safety of votes traveling through the Internet tubes.

Five voters in Hawaii, concerned about the accuracy and safety of electronically transmitted ballots, filed suit against Chief Election Officer Kevin Cronin to prevent the use of electronic voting machines in the 2010 elections. The suit, Babson v. Cronin, resulted from the Hawaii Office of Election’s decision to use Direct-Recording Electronic (DRE) voting machines in the 2010 elections. DRE voting machines eliminate the need for paper ballots by storing the vote electronically. In some DRE machines, the vote is stored on a physical device, like a flash drive, and then physically taken to a central vote tabulation machine.  In other DRE machines, like those used in Hawaii, the vote is transmitted electronically through an Internet style network. [Read more…] about A series of tubes: Transmitting ballots via the Internet

Fashion Frenzy: Passive Electioneering and the Right to Vote

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by Latisha Woodford

On Election Day, after you have rushed to the polls, how would you feel to be turned away because of your apparel? The regulation of voter apparel posed a real issue for residents in Pennsylvania. Residents of the state were prohibited from voting because they were wearing T-shirts endorsing candidates for office in the polling place. Subsequently, the electioneering battlegrounds were drawn, and the effects on the right to vote involved passive electioneering. Passive electioneering refers to the method of influencing voters by wearing campaign t-shirts or carrying pamphlets to the voting location.

Section 1220(c) of the Pennsylvania election code prohibits electioneering but the state law does not define the term. Subsequently, defining the scope of the term has been left to the individual interpretation of the County Boards of Elections. Local counties have interpreted the term differently. Many Pennsylvania counties, including Philadelphia and Allegheny, have long allowed voters to vote wearing clothing, stickers, and buttons endorsing candidates and there have been no disruptions or significant problems. These counties follow the recommendations of the Pennsylvania Department of State. In a memorandum  to the County Boards of Election the Commonwealth of Pennsylvania Department of State recommended that voters be allowed to electioneer by passive methods. The Department believes that as long as the voters take no additional steps to attempt to influence voters in the polling place the right of the franchise should not be denied.

The memorandum resulted in pending litigation. The result of the pending case, Kraft v. Harhut, should end the statewide debate. The American Civil Liberties Union of Pennsylvania  (ACLU) seeks to join the Commonwealth in challenging any effort to enforce a statewide dress code for voters. The ACLU does not endorse a narrow interpretation of the term electioneering. The ACLU opined that sustaining a narrow interpretation would implicate the First Amendment free speech rights. The primary concern of the ACLU is not to turn a registered voter away from the polls as well as the possibility of the rule to be applied in a discriminatory fashion. Nevertheless Lawrence County observes a narrow interpretation. The county will not allow passive electioneering and has turned away voters dressed in party endorsing apparel.

The argument for the implementation of a statewide dress code will rest heavily on the lower court’s interpretation of the state law. Lawrence County does not wish to make a distinction for lesser forms of electioneering. Also the pending lawsuit claims that allowing voters to wear partisan–affiliated clothing would affect the health and safety of voters. These arguments certainly may pass muster. The Supreme Court has historically held that restricting free speech at a polling place may be necessary to make sure voters may freely exercise a right to vote for the candidate of their choice. It is also well–established that the state has the right to protect voters from any confusion and undue influence within the polling place.

Whether party-endorsing apparel promotes an unsafe environment for voters remains unanswered. How the court will strike a balance remains questionable.

 

Latisha Woodford is a second-year student at William and Mary Law. 

Permalink: http://stateofelections.pages.wm.edu/?p=4302

maneuver over here

Total Recall: Great Movie, Dangerous Political Process

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By Joe Figueroa 

Fresh off of a convincing 52-46 electoral victory, a young, dynamic politician has recently come under fire for the passage of a bill that he considers to be a hallmark of his legacy.

And it is not President Obama.

True, the parallels between Wisconsin Governor Scott Walker and the 44th President are noteworthy.  But unlike Mr. Obama, a quirky yet significant electoral procedure stands in the way of Governor Walker even completing his first term in office.

Following Wisconsin law, multiple public committees have been formed to gather the requisite number of voter signatures needed to hold a recall election of Governor Walker.  One of those committees has already submitted a signature petition that is estimated to have twice the amount of the 540,000 signatures needed to hold an election.

The Wisconsin Government Accountability Board has yet to verify the signatures or officially call an election.  But the day is coming.  If there are a sufficient number of valid signatures, a recall election will be held in May (if only one or two candidates file) or June (if more than two file). [Read more…] about Total Recall: Great Movie, Dangerous Political Process