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Presidential primary suspended: Why doesn’t it matter?

Election Law Society · March 1, 2012 ·

by Eli Mackey

Washington State’s 2012 Presidential Primary is among the recent victims sacrificed at the altar of budgetary woes. The financial problems left in this listless economy granted no immunity to matters of seemingly great civic importance. Washington State has become the first in the nation to suspend its 2012 Presidential Primary election as a result of budgetary constraints.  Instead, Washington will rely on caucuses to determine which delegates to send to the convention. The caucuses, which measure the degree of support for a given candidate from a gathering of community members to determine the proportion of delegates, will be sponsored by the Republican and Democratic parties. The move is said to save nearly ten million dollars from Washington State’s budget.

While Secretary of State, Sam Reed, notes that this is a one-time resolution in response to the 5.2 billion dollar budget gap, he indicated that the primary has more than ten times the turnout than the caucuses. For example, in 2008 the primary drew approximately 1.4 million people while the caucuses included fewer than 100,000. This may be due in part to the fact that the primary system does not exclude overseas voters. Caucuses are typically attended by individuals closely affiliated with their respective parties. As a result, the caucus forum gives party activists greater voice in a candidate’s election than the common voter might otherwise have given a primary. The GOP’s 2012 caucus will be held on March 3, while the Democrats’, with no challenge to President Obama’s renomination, will be held on April 15.

Washington voters passed an initiative establishing the primary system in 1989 reflecting the desire of ordinary people to be more engaged in the presidential electoral process. However, the delegate allocation has traditionally been left to caucus results. Even with the primary, the Democratic Party issues its delegates based on caucus results, while the Republican Party has allocated half of their delegates based on primary results with the other half on caucus results. Thus, some have rightfully pointed out that the primary system in Washington is largely symbolic as its results have only a partial impact. Given Washington State’s financial posture and the reality that the primary system has been largely ceremonial since its institution, it seems that it was a no–brainer for this legislation to be signed into law by the Democratic governor, Christine Gregoire. [Read more…] about Presidential primary suspended: Why doesn’t it matter?

Appointee to DC Board of Elections and Ethics falls before questionable statute

Election Law Society · February 27, 2012 ·

by Neil Gibson

In Washington, DC, the end of September saw Mayor Vincent Gray rendered helpless before a provision of DC’s statutory code, which foiled Gray’s attempt to fill out membership of the city’s  Board of Elections and Ethics.

In short, “civic activist” Dorothy Brizill, DC’s unofficial “government watchdog,” exposed the failure of Gray’s appointee for Board Chair to meet the residency requirement of the Board of Elections and Ethics statute. The statute calls for all Elections Board members to have lived in the city for three consecutive years, but the appointee, Robert Mallett, only moved to DC from New York City in May, 2010. With Gray already enduring corruption allegations and a recent flap concerning improper vetting of an executive appointee, he cut ties with Mallett soon after the problem arose, and is currently searching for a replacement.

Though there is no arguing the letter of the residency law, the absurdity of its application here rivals the District government’s apparent ignorance of its own legislative code. True, Mallett lived in New York from 2001-2010. But before heading north, he had been a DC resident for seventeen years. While a DC resident, Mallet served as Deputy Mayor, Deputy Secretary of the US Department of Commerce, an adjunct professor at the Georgetown Law Center… and the list of his high-profile DC-centric activities goes on. [Read more…] about Appointee to DC Board of Elections and Ethics falls before questionable statute

Indiana’s confusing record of voter registration

Election Law Society · February 20, 2012 ·

by Shanna Reulbach

Indiana’s recent history with voter registration is somewhat baffling, to say the least.  The state seems to swing like a pendulum between liberal and conservative measures and priorities, and compliance and defiance of federal mandates that extend the availability of registration materials to new populations.  An illustrative juxtaposition would be that the rhetoric of voter fraud is often at the forefront of Indiana election debates, yet the legislature authorized online voter registration in 2009, when many viewed the use of computer technology as enabling fraud.

The first subject that comes to any election law junkie’s mind in discussing Indiana’s election code is the state’s voter ID requirement and the U.S. Supreme Court’s upholding of the law in its 2008 decision, Crawford v. Marion County Election Board.  In that case, Indiana asserted a governmental interest in preventing voter fraud at the polls, pointing to its “unusually inflated list of registered voters” as a major source of concern.  While Crawford was not centered on voter registration, the state’s arguments reveal a lack of confidence in the voter registration process’ ability to prevent fraud.

Fast-forwarding to this past year, two other events mark the voter registration debate.  First, in March, a grand jury indicted Secretary of State Charlie White with three counts of voter fraud: “filing [a] fictitious registration,” “voting where not registered,” and “fraudulent registration.”  White was registered at his ex-wife’s home and voted in that district, even though he had moved away.  Ironically, the Secretary of State serves as the chief election officer.  The Indiana Recount Commission determined that White was eligible to run for that office, but he is still awaiting his criminal trial.  This scandal has shined a spotlight on registration issues, but fraud has not been the rallying point.  All of the parties involved with the accusations, White, his Democrat opponents, and the Commission, agree that registration residency requirements have to be liberalized to account for nontraditional living configurations. [Read more…] about Indiana’s confusing record of voter registration

A new generation of poll workers

Election Law Society · February 13, 2012 ·

by Brooks C. Braun

On election day, November 8th, 2011, more than 30 students from Virginia Commonwealth University (VCU) worked as Officers of Election in Henrico County, VA on behalf of the Tidewater Roots Poll Project (TRPP). TRPP is a project organized by William & Mary students to inspire college students to make a commitment to civic duty and participatory democracy by becoming the next generation of Virginia poll volunteers. We sat down to talk with three of these students to hear what they had to say about their experience.

Tell us a little bit about yourselves and how you heard about TRPP.

TEREZA: My name is Tereza McInnes, I’m an international studies major at VCU and I heard about the Tidewater Roots Poll Project through a VCU e-mail. I was really interested in it because all I’ve heard is that it’s something that ‘old people do’ and I kinda wanted to see what exactly it was about. And I guess I also heard that, you know, there was money involved.

DAVID: My name is David, I’m a 28 year old full time student at VCU. I’m in my fifth year. I have a dual degree in criminal justice and psychology with a concentration in pre-physical therapy. I got an e-mail from VCU saying that they were recruiting. I get 15 to 20 e-mails a day so I just breezed through it and moved on to the next e-mail. Later, one of my other friends, Thomas Kidwell, said that he had spoken to you on campus. He mentioned the e-mail, at which point I went back to read it again. My interest was piqued so I went ahead and put my name in the pool.

GABRIELA: My name is Maria Gabriela Ochoa Perez. I’m a freshman at VCU and I’m studying communication arts. I’m 18. I was born in Venezuela and I became a citizen 2 years ago. I’m really interested in the governmental system here in America because I experienced firsthand in Venezuela what it was like under a less democratic system. I was introduced to the project by this interesting looking gentleman standing in the cold in front of the VCU commons one day. I had already tried to figuring out how to do that kind of thing; poll work. I remember having talked to my government teacher in high school about doing it. I just hadn’t yet taken the time to contact the Montgomery county registrar’s office to sign up. So I was really interested when that nice gentleman told me what TRPP was doing. I mean this is something totally different than just voting. Working at the polls puts you right in the middle of the process and enables you to learn more about it. [Read more…] about A new generation of poll workers

Get to the polls early…well, not that early

Election Law Society · February 8, 2012 ·

by Lauren Coleman

Changes to Georgia’s voting laws cut length of advance voting period 

This past summer the Georgia state legislature passed H.B. 92, effectively shortening the length of time Georgia voters can cast early ballots from 45 days to 21 days. The law also requires polls be open at least one Saturday prior to the general or primary election where a federal office is up for grabs. However, if no federal offices are included in the election, localities are not required to maintain Saturday voting hours. Passage of this new bill raises the unique question of whether a reduction in this voting period will amount to a significant burden for Georgians attempting to exercise their franchise before election day?

The law is one of many similar bills across the country, potentially signaling a significant push back in the recent growth of advance voting and no-fault absentee voting. Florida, Georgia, Ohio, Tennessee, and West Virginia have all passed laws reducing early voting period. Further, Maryland, Nevada, New Mexico, and North Carolina all recently considered similar legislation. These legislative changes have garnered the attention of the Brennan Center for Justice, a non-partisan public policy and legal think tank at the New York University School of Law, ultimately raising concerns that such enactments may serve as a step backwards for election administration. Conversely, many state legislatures proffered economic hardship and potential savings as the rationale and necessity for such laws. [Read more…] about Get to the polls early…well, not that early

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