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Getting Carded: The Debate over Voter ID Law in Oklahoma

Election Law Society · October 13, 2010 ·

On November 2, Oklahoma voters will confront a long list of state referendum items on which they may vote “yes” or “no.”  Second on the list—tucked between per-student educational spending and revised term limits—is State Question 746, which proposes to amend the state’s voter identification requirements.  Supporters tout the measure as a necessary and low-maintenance way to keep state elections honest.  After all, we require a photo ID for any number of mundane daily transactions, like writing a check or boarding an airplane.  However, a small but impassioned group of opponents argues that while seemingly harmless, in reality the voter ID requirement is the partisan enactment of a runaway legislature, and it threatens the most basic of Oklahomans’ constitutional protections.

If Oklahomans vote “yes” on State Question 746, then effective on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements would apply to all in-person voting, including in-person absentee voting. [Read more…] about Getting Carded: The Debate over Voter ID Law in Oklahoma

Weekly Wrap-Up

Election Law Society · September 17, 2010 ·

“Lisa M. Write In and Fill In” is the proposed slogan from supporters of Lisa Murkowski’s proposed write-in campaign.  Alaska elections director said that voters would only have to use Murkowski’s first name and last initial for it to count, but that they would also have to be sure to fill in the bubble next to her name.  The actual vote is the filled in bubble, not the written name.

Carl P. Paladino, a Republican candidate for governor in New York, sent out a typical negative mailing stating that “Something really stinks in Albany.” However, the ad is anything but typical as soon as a person opens the envelope and is greeted with the “unmistakable odor” of “rotting vegetables.” Read this article for more info. [Read more…] about Weekly Wrap-Up

Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

Election Law Society · September 13, 2010 ·

Campaign finance reformers have spent much of 2010 fighting in the courtroom. Across the nation, campaign finance laws are being challenged in the courts.

Some decisions, like Citizens United, came down from the Supreme Court and affect every election, from the national level on down. But there have also been several court decisions across the country that changed the complexion of local and state primaries and might shape the upcoming November elections. In states as diverse as Kentucky, Washington, and California, federal courts have ruled on spending limits for both individuals and corporations. Some courts have found these limits unconstitutional by following Citizens United; others have upheld the limits, citing interests noted by the Supreme Court in their decision. [Read more…] about Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

Weekly Wrap Up

Election Law Society · September 10, 2010 ·

Are red light cameras racist? According to American Traffic Solutions, they are. ATS opposes a ballot initiative to add red light cameras in Baytown, Texas, saying it will encourage conservative voters to come out in larger numbers for the November election and weaken the power of minority voters. A hearing is currently scheduled on a motion to stop the election.

Chicago Mayor Richard M. Daley announced he will not be seeking re-election in February 2011. February’s election will be the first time in 64 years that an incumbent is not running for mayor in Chicago. One of the rules set by the Chicago Board of Elections for Mayoral candidates is that they must have lived in the city of Chicago for at least the last calendar year. Does this rule out Rahm Emanuel as a candidate? Read more about the rules to run for mayor here.

This report was recently released and may be interesting to anyone who wants to look at the “threat posed by money and special interest pressure on fair and impartial courts” (quote by William & Mary Chancellor Sandra Day O’Connor). The report looks at the past decade of judicial campaign spending and analyzes some the challenges and threats to our judicial system because of this funding.

The Georgia Supreme Court is looking at the constitutionality of the new voter identification law the Department of Justice approved two weeks ago. Georgia, along with Arizona, checks the citizenship of people who register to vote against Social Security and DMV records. Proponents claim that it blocks illegal immigrants from voting, while critics argue that it could hinder minorities who are legal citizens from voting. The Georgia Supreme Court heard arguments on Tuesday, September 7.

The Green Party in Arizona has filed suit against several state election officials, requesting that some of the nominees on their ballot be removed and to change an Arizona law that allows people to join a minor party’s ballot with only one write-in vote.  They allege that these nominees were recruited by Republicans to siphon votes away from the Democrat Party.  Steve May, on the Republican ballot, says that he recruited drifters and street performers in Tempe to run as Green Party candidates, but that they are part of a valid political movement.

Democrats in Vermont are facing a shortage of volunteers as they try to recount the results of the primary.  A number of the over 600 volunteers who originally signed up backed out when they found out they needed to commit to a full day of counting.

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Weekly Wrap Up

Election Law Society · May 7, 2010 ·

Every week, State of Elections brings you the latest news in state election law.

– Another week, another challenge to Section 5 of the Voting Rights Act. Shelby County in Alabama is seeking an injunction against Attorney General Holder to prevent him from enforcing Section 5 of the VRA. Section 5 requires that certain states and municipalities “preclear” changes to their voting laws with the Attorney General. Last week, Merced County in California initiated a similar challenge to the Act.

– In Kansas, voters will decide whether to amend the state constitution to protect the voting rights of the mentally ill.  Currently, the state constitution allows legislators to deny voting rights to the mentally ill, though the legislature has not attempted to pass any laws limiting those rights.  This amendment would eliminate the possibility of such restrictions entirely.  The proposed amendment will appear on the ballot next statewide election, on November 2nd.

– Ruth Marcus of the Washington Post has written this editorial linking Arizona’s “Clean Election” reforms with that state’s new controversial immigration law.

– In New York, Assemblyman Michael Gianaris has introduced a bill that would create a non-partisan redistricting commission in that state.

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