State of Elections

William & Mary Law School | Election Law Society

California

New Lines in the Sand: Redistricting in the Golden State

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“All politics is local.” The truth of Tip O’Neill’s famous quip may sting some senior California House members as the state’s redistricting efforts land them in newly-formed districts that they might not be able to carry.

The new district map is the product of a bi-partisan citizen’s commission established by Proposition 11. Enacted directly by voters in 2008 and expanded in 2010, the law amended the state constitution to move redistricting authority from the legislature to a bipartisan commission of Republicans, Democrats, and Independents. Tasked with redrawing not only congressional districts but State Senate, Assembly, and Board of Equalization districts as well, the commission’s work will go into effect for the 2012 election. [Read more…] about New Lines in the Sand: Redistricting in the Golden State

Until We Meet Again: Putting the California-Amazon Battle on Hold, for Now

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The lengthy dispute between the State of California and Amazon took a dramatic turn on September 10th when state lawmakers and the online retail giant agreed to a compromise bill that will put an end, pending Governor Jerry Brown’s approval, to the drawn-out sales tax controversy—at least for now.  Under the new measure, Seattle-based Amazon will begin to collect sales tax from customers in California in September 2012 barring future federal legislation.  Given the amount of effort Amazon exerted during its battle with the Golden State, this concession may surprise many.

Currently, California is one of 24 states that permit referendums, which are proposals brought by citizen petition, to repeal a law previously enacted by the legislature.  In California, 500,000 signatures are needed to push issues onto a state ballot.  Prior to the agreement, Amazon had already spent $5.25 million on its campaign to obtain the necessary number of signatures.  The campaign reflected Amazon’s belief that voters, if given an opportunity, would support the repeal of the tax law.  However, as part of last Friday’s deal, Amazon will ditch its campaign and drop the referendum effort.  [Read more…] about Until We Meet Again: Putting the California-Amazon Battle on Hold, for Now

California says “We Draw the Lines”, but Who are “We”?

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In 2008, California voters—doing what they do best—amended their constitution to take away the responsibility of redistricting from the state legislature and give it to a “Citizens Redistricting Commission.”  That is, by and large, exactly what it sounds like: a panel of citizens who have applied to do the thankless and mind-numbing job of redistricting California’s many, many state and federal electoral districts  (it’s a bit more complicated than that, but I’ll get to the details later).  This post focuses on the question of who is getting through the process. In particular, I wonder what effect this process has on diversity, in particular the selection of the most qualified diverse applicants.

Here’s how the application and selection process works: California citizens apply, with some important restrictions.  While it is not necessary to get into the nitty-gritty details, those who have served in a paid capacity on a political campaign, held public office, or donated a certain amount of money to a political campaign within a certain amount of years from the date of application are prohibited from serving on the Commission.  In addition, applicants must have voted in two of the past three elections.  The message: be engaged, but not too engaged. [Read more…] about California says “We Draw the Lines”, but Who are “We”?

Weekly Wrap Up

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No More Polling Places?: The Colorado legislature is considering a new bill that would eliminate polling places and instead conduct all state-wide elections by mail only. Over 70% of Colorado voters already vote by mail, and the proposal would save the state $12 million annually.

The More the Merrier: The race for San Francisco mayor has an expanding field, as more candidates join the field, thanks to the use of ranked-choice voting. The system, which has been used since 2004, created a successful “Anyone but _____” campaign in the 2010 elections and is shaping up to lead to the same results this year.

300 Taxpayer Dollars an Hour to Fight the Popular Vote: The fight over Amendment 6 in Florida continues as the Florida House has joined the lawsuit filed by two Congressional representatives. The lawsuit, which has cost taxpayers $700,000 and counting, contends that the amendment to redraw congressional districts (supported by more than 60% of the popular vote) is unconstitutional.

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What’s Geauxing On: Everybody’s Copying Louisiana?

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When one thinks of Louisiana, the first thing that comes to most people’s mind is likely not “model for electoral reform.”  This, after all, is the electoral system that in recent years has brought a veritable parade of politicians whose terms in office have transitioned into terms in prison on corruption charges.  That’s why it may come as a surprise that there are movements afoot in states across the country to adopt the most unique element of Louisiana’s electoral system.

In 1976, Louisiana adopted a non-partisan blanket primary system for both its state and congressional elections.  Also known as an “open” or “top-two” primary, this unique system puts candidates of every party on the same ballot for the primary.  If any one candidate receives a majority of votes, that candidate is elected without any need for a general election.  If, as frequently happens when there are more than two candidates on the ballot, no candidate wins a majority of votes, the top-two candidates go on to a run-off general election. The goal of open primaries is to promote the election of more moderate candidates.  The theory, however, is controversial. [Read more…] about What’s Geauxing On: Everybody’s Copying Louisiana?