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FL (primaries): Florida’s James Dean moment

Election Law Society · October 24, 2011 ·

by Joe Figueroa

In his magnum opus role as Jim Stark in Rebel Without a Cause, James Dean portrays a frustrated teenager who is fed up with his bickering parents and causes all sorts of commotion by acting out against all sorts of authority figures.

James Dean in Rebel Without a Cause

The Sunshine State can relate.

The G.O.P. establishment has quickly portrayed Florida as the disobedient child after its Legislature decided to move the Presidential Primary date up to January 31st, throwing off the party’s planned schedule and forcing the big four primary states at the beginning of the cycle-Iowa, New Hampshire, Nevada, and South Carolina to move their primaries and caucuses into January as well.

With this move, Florida is flying in the face of a parental grounding of sorts.  The Republican National Committee has promised to strip the state of half of its delegates at the National Convention next summer (being held in-you guessed it-Tampa), as well as threaten to move the delegation to the back of the Convention Center and away from the cameras.

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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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Weekly Wrap Up

Election Law Society · February 11, 2011 ·

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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Weekly Wrap Up

Election Law Society · February 4, 2011 ·

“It’s time to stop stonewalling”: The NAACP and the League of Women Voters filed a lawsuit against new Florida governor Rick Scott, demanding that he submit the voter-approved redistricting amendments to the Justice Department for review. Scott quietly withdrew a request for review in January shortly after taking office.

Misspellings might be OK in AK: A new measure proposed in the Alaska Senate would update the write-in laws, explicitly allowing minor misspellings on write-in votes to count. The law, proposed in response to the 2010 U.S. Senate election, cleared committee this week and should be voted on within days.

Voter IDs High on States’ Agendas: Across the nation, various states are considering voter identification laws. Some, like North Carolina’s proposal, have been in the works for several years; others, like in Minnesota, are new and focus on new technologies to prevent voter fraud. States like Texas, which are subject to the Voter Rights Act, must get these new laws–if passed–approved by the Department of Justice.

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Weekly Wrap Up

Election Law Society · January 28, 2011 ·

Emanuel got the green light for candidacy: Rahm Emanuel can run for Chicago mayor, after a unanimous decision by the Illinois Supreme Court. The Court found that he meets the residency requirements because he paid taxes and maintained a residence he planned to use as his permanent residence–even though he rented it out–in Chicago while working in the White House.

Every vote counts in Ohio: A three-judge panel of the Sixth Circuit Court of Appeals ruled on January 27 that ballots improperly cast because of errors by poll workers must be counted in the judicial election in Hamilton County. Although the exact number of ballots that must now be counted is unknown, Democrats claim it could be in the hundreds. Republican John Williams currently leads by 23 votes.

Is there a fight brewing over Fair Districts in Florida?: In one of his first acts as governor, Rick Scott withdrew the request to the Justice Department to approve the redistricting amendments passed by voters in November. The amendments are also currently being challenged in court in a lawsuit filed by two U.S. Representatives from Florida.

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