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Weekly Wrap Up

Election Law Society · April 23, 2010 ·

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

– Check out our CU + and the States page to track the latest state responses to the Citizens United ruling.  The page is constantly updated and contains over 50 links discussing the impact of Citizens United at the state level.

-The Rose Institute released this state by state guide to redistricting in America.

– Georgia’s photo identification requirement for voting has survived another legal challenge.

– Florida will begin providing bilingual ballots in 2012.

– An Idaho judge has ruled that Idaho’s election laws are unconstitutional and biased against independent candidates.  An independent presidential candidate requires 6,500 signatures to get on the ballot in Arizona, but nonresidents are forbidden from circulating petitions in Idaho.  These two laws combined to make it particularly difficult for an independent to get on the ballot in Idaho.


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Weekly Wrap Up

Election Law Society · April 16, 2010 ·

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

– Gerry Hebert, one of the panelists at our recent election law symposium, wrote this article about a recent legislative effort to undermine Fair Districts Florida.  Fair Districts Florida is an organization dedicated to fixing the redistricting process and the prevention of  gerrymandering.

– In Virginia, there is growing confusion about the restoration of felon voting rights.  Earlier this week, the governor’s office sent letters to 200 ex-felons, telling them that they would need to submit an essay as part of the application process for the restoration of their voting rights.  On the 14th, Governor McDonnell claimed that the letters had been sent in error, and that the essay requirement was simply a “draft policy proposal“.  Of course, this is only the third most controversial retraction the Governor has issued in the last month.

– A bill that would require voters to show photo identification before casting a ballot has received first round approval from the Missouri House. A previous photo ID law in Missouri was struck down by the Missouri Supreme Court for being a “heavy and substantial burden on Missourians’ free exercise of the right of suffrage.”

– In Cleveland, an elections board test of voting machines has produced alarming results.  About 10% of voting machines failed the test, and the state has less than a month.

– Maryland has become the first state to count prison inmates as residents of their home address, instead of counting them as residents of their prison location.  The U.S. Census considers inmates to be residents of their prison, a practice that has been criticized as distorting the population count and leading to unfairness during the redistricting process.

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Weekly Wrap Up

Election Law Society · March 26, 2010 ·

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

– ACORN, the controversial voter registration and activist group, is disbanding because of declining revenue.

– In the Arkansas Senate race, there’s some controversy over an obscure state law that prevents the use of professional or honorary titles on ballots.  One Republican Senate candidate had hoped to put the title “Colonel” in front of his name on the ballot, but was refused by election officials.  Nicknames, however, are perfectly legal.  Just ask Harold Kimbrell, who will appear on the ballot as “Porky” Kimbrell.

–  During last week’s election law Symposium at William & Mary, the panelists mentioned that census data can be skewed when large numbers of incarcerated felons are counted as “residents” of the state they are incarcerated in.  Here a few editorials discussing that practice.

– More news on the California Redistricting Commission.  Even though over 25,000 people filed the initial application to be on the Commission, less than 1,200 have completed the second step of the application process.  For more general information on the Commission, see this post.

– Minnesota Governor Tim Pawlenty has signed a law that should make absentee voting easier in that state.  The law will require election officials to send a replacement ballot, or notify the voter that he should cast a new ballot, if an absentee voter’s ballot is rejected.

– After much debate, the Florida Senate has passed an electioneering bill.  An alternate version of the bill was ruled unconstitutional for requiring all organizations to register with the state and comply with financial reporting requirements if they even mentioned a candidate or political issue.  The new version of the bill would still require certain organizations to register, but not those that focused only on issues.

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Weekly Wrap Up

Election Law Society · March 12, 2010 ·

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

– The Idaho and Alaska legislatures have introduced bills to streamline the absentee voting process.

– A Mississippi proposal to require voter identification at the polls will appear on the 2011ballot.

– Election Systems and Software, the nation’s largest voting machine provider, has agreed to a settlement in an anti-trust action.  ES&S will be required to sell off assets acquired in its recent merger with Premier Election Solutions.

-The Kansas legislature is considering a change to the state constitution that would protect the voting rights of the mentally ill.

– In San Francisco, Supervisor Ross Mirkarimi has proposed an amendment to the county charter that would allow same day voter registration.  If passed, the amendment would make San Francisco the first county in California to allow same day registration.

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Weekly Wrap Up

Election Law Society · February 12, 2010 ·

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

– The Kentucky House has voted overwhelmingly to pass a proposed constitutional amendment that would restore felon voting rights in that state. Currently, the governor must approve the restoration of voting rights, but the proposal would automatically restore voting privileges upon the completion of their sentence.

– In Texas, a lawsuit has been filed over the creation of new city council districts.  The new districts were created without distinguishing between voting citizens and non-citizens, so according to the plaintiffs, there are wide disparities in the number of voting age citizens from district to district.  They claim the new districts, due to this disparity, are a violation of the Fourteenth Amendment’s Equal Protection Clause

– The Hawaiian legislature has struck down two bills that would have significantly changed how elections are conducted in that state. Hawaiian elections are overseen by an appointed chief elections officer and the office of elections, but given the recent problems in that state, the legislature is looking for new ways to handle elections. The bills would have put a constitutional amendment on the ballot to create a new office of Secretary of State to oversee elections.

– The Florida Supreme Court has ruled that state election codes do not automatically pre-empt local laws.  The controversy began when voters in Florida’s Sarasota County approved a proposal that banned touch screen voting machines.  The state government banned touch screen machines some time later, but the state questioned the constitutionality of the Sarasota County proposal, claiming that state election codes trumped local legislation.  The Court rejected this argument, and upheld the right of local officials to take steps to ensure the accuracy of elections.

– Adam Fogel at Fairvote has written this article about the growing controversy over universal voter registration.

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