Indiana

Indiana’s confusing record of voter registration

Election Law Society · February 20, 2012 ·

Indiana’s recent history with voter registration is somewhat baffling, to say the least. The state seems to swing like a pendulum between liberal and conservative measures and priorities, and compliance and defiance of federal mandates that extend the availability of registration materials to new populations. An illustrative juxtaposition would be that the rhetoric of voter fraud is often at the forefront of Indiana election debates, yet the legislature authorized online voter registration in 2009, when many viewed the use of computer technology as enabling fraud.

The first subject that comes to any election law junkie’s mind in discussing Indiana’s election code is the state’s voter ID requirement and the U.S. Supreme Court’s upholding of the law in its 2008 decision, Crawford v. Marion County Election Board. In that case, Indiana asserted a governmental interest in preventing voter fraud at the polls, pointing to its “unusually inflated list of registered voters” as a major source of concern. While Crawford was not centered on voter registration, the state’s arguments reveal a lack of confidence in the voter registration process’ ability to prevent fraud.

Fast-forwarding to this past year, two other events mark the voter registration debate. First, in March, a grand jury indicted Secretary of State Charlie White with three counts of voter fraud: “filing [a] fictitious registration,” “voting where not registered,” and “fraudulent registration.” White was registered at his ex-wife’s home and voted in that district, even though he had moved away. Ironically, the Secretary of State serves as the chief election officer. The Indiana Recount Commission determined that White was eligible to run for that office, but he is still awaiting his criminal trial. This scandal has shined a spotlight on registration issues, but fraud has not been the rallying point. All of the parties involved with the accusations, White, his Democrat opponents, and the Commission, agree that registration residency requirements have to be liberalized to account for nontraditional living configurations. [Read more…] about Indiana’s confusing record of voter registration

When is state law not enforceable?

Election Law Society · December 28, 2011 ·

Texas awaits DOJ approval for its new voter photo ID law.

by Daniel Carrico

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up.

Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas. [Read more…] about When is state law not enforceable?

IN (ballot access): How Indiana’s blank ballot law is depressing us all

Election Law Society · November 10, 2011 ·

by Patrick Genova

There is something cathartic about voting- walking into the booth, choosing the best candidate, and, of course, pinning yourself with the red, white, and blue badge of honor that proudly says, “I Voted.” And for that one day you can hold your head high at the water cooler next to the bigwig foreign investor who swung into town, and in one week got a date with the girl from accounts receivable that you’ve had the hots for. He’s so worldly isn’t he, but what does he know about civic pride? What does he know about the world’s greatest democratic pastime? Nothing.

New election laws in Indiana may take the spark at the water cooler out of some voters this November. The new law in the Hoosier State, which has the 48^th lowest voter turnout, will take unopposed candidates off the ballot. The rationale for the change is that it saves paper, but, while Indiana trees rejoice, the new law leaves little reason for many voters to show up to the ballot box. A skeptic may say that in the case of unopposed candidates there was never a choice in the first place, but the effects of the law have less to do with the outcome of elections, and more to do with the fragile psyche of voters and their perceived notion of choice. [Read more…] about IN (ballot access): How Indiana’s blank ballot law is depressing us all

Maryland & Indiana: A robocall showdown

Election Law Society · October 15, 2011 ·

How different states are handling political robocall controversies.

by Ashley Ward

What thought comes to mind upon hearing the word “Robocall”? For most, the thought conjures ideas of annoying telemarketing. However, for Democrats in the Baltimore and Prince George’s Counties, robocalls received on the 2010 election night added new thoughts to the definition: voter confusion and suppression. Before the polls closed for the 2010 Gubernatorial Race, residents received a call from an unnamed woman who said: “I’m calling to let everyone know that Governor O’Malley and President Obama have been successful. Our goals have been met…The only thing left is to watch it on TV tonight. Congratulations and thank you.” Listen Here

The message seemed to imply that the Democratic candidate had already won the election and therefore the residents’ vote would be excessive and not needed. This implication was ill-gotten because there was no way to know at that time which candidate won. Many confused and upset residents contacted Gov. O’ Malley’s campaign center to complain. Further investigation proved that the governor and his team had nothing to do with the calls. In fact, investigators determined that the members of the Republican candidate, former Gov. Eurlich’s team were responsible for the calls that have been considered by many to be a tactic to discourage the African American vote.
[Read more…] about Maryland & Indiana: A robocall showdown

Mr. Colbert: or, How states might learn to love campaign finance reform

Election Law Society · October 5, 2011 ·

Its opponents deride its existence as a farce upon campaign finance law. Its supporters suggest that it is the only way to set the system straight. News of it has reached the public’s consciousness, rarified air for anything in the field of campaign finance. And we’re not even talking about Citizens United.

The Federal Election Commission’s recent decision permitting comedian Stephen Colbert to form his own Super PAC has successfully turned the media’s (and to a certain extent, the public’s) attention to the post-Citizens United world of political donations. [Read more…] about Mr. Colbert: or, How states might learn to love campaign finance reform