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Weekly Wrap Up

Election Law Society · April 1, 2011 ·

No more automatic restoration of rights: Governor Rick Scott and the Florida Cabinet have recently attempted to change how released felon regain the right to vote. Their proposal, which the NAACP Legal Defense and Educational Fund suggests must get preclearance under Section 5 of the Voting Rights Act, would prevent people who committed non-violent felonies from regaining the right to vote for 5 years and the 5 year clock would restart if that person were arrested during that period, even if no charges are filed. Some have called these requirements a return to Jim Crow-style voting laws.

Campaign finance again in front of the Supreme Court: As mentioned on Tuesday, the U.S. Supreme Court heard oral arguments in McComish v. Bennett on Monday morning. The case is a constitutional challenge to Arizona’s Clean Elections Act, which includes a trigger fund provision for publicly-funded candidates. This is one a several such cases that have been heard in federal courts in the last year; several other challenges have come out of Florida, Connecticut, and most recently Wisconsin in the ongoing judicial elections.

“Fair Districts” Amendments go to the Justice Department: Three months after Governor Rick Scott quietly withdrew the preclearance request for the “Fair Districts” amendments (Amendments 5 and 6 to the Florida constitution), the legislature has renewed the request, after reviewing the amendments and deciding they were the proper body to make the request, as opposed to the governor. This, however, will likely not end the battle over these amendments as a lawsuit to block these amendments is still pending.

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Holiday Hiatus

Election Law Society · December 3, 2010 ·

State of Elections is going on a temporary hiatus for the next few weeks. Exams begin next week at William & Mary, and shortly after that we take our well-deserved winter break. We will be posting a few new articles periodically over the next few weeks, so make sure to check in every now and then. We’ll return to our normal, thrice weekly posting schedule on January 10th.

See you next year!

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“MOVE” Act Created Urgency for NH Election Officials

Election Law Society · November 24, 2010 ·

As New Hampshire voters were casting ballots in their state’s September 14 primary, local and state election officers were anxiously preparing to tabulate and certify the results with greater urgency than usual. The pressure to confirm town and city results with all possible speed was a reaction to certain provisions of the Military and Overseas Voter Empowerment Act (MOVE Act) signed into law by President Obama in 2009. In particular, the Act requires states to be able to provide U.S. soldiers and citizens abroad with their respective absentee ballots “not later than 45 days” before an election. With this year’s general election set for November 2, New Hampshire Secretary of State William Gardner was left with a mere four day interval to affirm the primary results and furnish general election ballots in accord with the 45-day requirement. [Read more…] about “MOVE” Act Created Urgency for NH Election Officials

Weekly Wrap Up

Election Law Society · November 12, 2010 ·

“I want to be your second (or third) choice!”: Jean Quan, Oakland’s mayor-elect, won under the city’s new ranked-choice system by concentrating on being voters’ second and third choice, if they were voting for someone else. The campaign manager for Don Pereta, the heavy favorite in the race, said Quan was “gaming the system” by asking people who supported other candidates to rank her second or third.

Too poor to vote: The ACLU is challenging a Sixth Circuit Court of Appeals 2-1 decision that Tennessee could bar three released felons who were behind on child support or restitution from regaining their voting rights. The ACLU is asking for the court to rehear the case en banc, arguing that the decision creates an unconstitutional poll tax.

Sound it out: In the Alaska Senate race, the Division of Elections has only accepted a few of Joe Miller’s challenges to the spelling of his opponent, Lisa Murkowski’s, name on the write-in ballots.  The Director of the Division of Elections said that she was accepting minor spelling mistakes as long as she could “pronounce the name by the way it’s spelled.”

Pay no attention to the man behind the curtain: The spending from outside groups in this campaign season has reached record highs, climbing almost to the $300 million mark.  Now, a new study has shown that nearly half of that money comes from groups which won’t reveal the money’s source.  A few notable candidates who used a huge amount of their personal fortunes are Meg Whitman in California and Linda McMahon in Connecticut.  They spent $140 million and $46 million respectively.

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Some will Win, Some will Lose, Some States are Born to Sing the Blues: The Coming Battle Over Reapportionment

Election Law Society · November 3, 2010 ·

The stakes are incredibly high, reapportionment is looming, and recent data from Election Data Services shows that neither Democrats nor Republicans will be too pleased come next year. States which have been recently labeled as ‘safe Republican’ in Presidential elections will gain seats, but in more Democratically inclined areas. States recently labeled as ‘safe Democrat’ in Presidential elections will lose some seats. The biggest gain will be in Texas. Texas can expect to gain four House seats, at least some of which will be placed in locations more favorable to Democratic candidates. Meanwhile, New York, a state typically labeled as ‘safe Democrat’ in Presidential elections, will likely lose two House seats. In terms of multi-district moves, Florida will likely gain two seats and Ohio will likely lose two seats. Arizona, Georgia, Nevada, South Carolina, Utah and Washington will all likely gain a seat while Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey and Pennsylvania will all likely lose a seat.

Reapportionment is becoming a problem not only for certain Presidential candidates but also state and federal candidates, especially candidates in the Midwest where rapid population flight is decimating the electoral landscape. The close electoral math is mapping onto reapportionment strategy. Democrats and Republicans are locked in a mortal struggle to gain control of state houses and governor’s mansions across the nation, in anticipation of being able to influence the composition of both state legislatures and Congress over the next decade. [Read more…] about Some will Win, Some will Lose, Some States are Born to Sing the Blues: The Coming Battle Over Reapportionment

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