State of Elections

William & Mary Law School | Election Law Society

Maryland

MD Court: Dream Act Referendum Appropriate, Not Appropriation

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by Anna Killius

In the 97 years since Maryland amended its constitution to allow for referendums, citizens have successfully put legislation to a popular vote only 13 times. Often, petitions failed to collect the necessary number of validated signatures, but the modern use of online petitions has facilitated the collection of signatures, accounting for up to 40% of those validated by the state Board of Elections. Consequently, Maryland citizens will soon have the opportunity to vote on three referendums, an unprecedented number, targeted at defeating the expansion of in-state tuition coverage, gay marriage equality, and a congressional redistricting plan. Proponents of the challenged measures have turned to the courts in an effort to prevent the referendums from reaching the November ballot. [Read more…] about MD Court: Dream Act Referendum Appropriate, Not Appropriation

A time for change: an examination of Baltimore City’s record low voter turnout

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by Ashley Ward

As you drive through the streets of Baltimore City, many areas still bare the campaign efforts of the six mayoral candidates. Posters plastered on walls, fliers in store front windows and stickers on bumpers. The abundance of the campaign fanfare throughout the city turned out to be a rouge when the September 13th primary produced the lowest voter turnout in Baltimore’s history. After the  polls closed, 23% of registered voters had participated, equaling only 12% of the city’s population (rounded from the Unofficial Polling Place Turnout). Even more disappointing was the turnout for the November 8th general election, which produced an even lower turnout than the primaries—reportedly, only 10-12% of registered voters showed. Until September, the lowest turnout Baltimore had seen for a primary was 27% in 1991.

Maryland is not the only state dealing with disappointingly low voter turnout. Kentucky’s November 8th gubernatorial race had only a 29% turnout, and New Jersey saw their lowest turnout in history with 26%. So what is causing such low voter turnout and should there be concern with a Presidential election year approaching? Many scholars and political analysts have their own theories. One of the most popular reasons is voter apathy. The 2010 census reported that the highest population within the 20-24 years and 25-29 years age group. The Unofficial Polling Place Turnout reported that both ages were the least likely to vote, especially the males within the age group. When asked why he did not vote, 21 year old Kevin Clark said, “It was all the same old stuff.”  Many younger citizens do not understand the importance of voting. [Read more…] about A time for change: an examination of Baltimore City’s record low voter turnout

All states (IRV): The courts got it right: recognizing that instant runoff voting makes every vote count

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by: Guest Contributor Elise Helgesen


This November, Instant Runoff Voting (IRV), also called ranked choice voting, will be used for fiercely contested elections for mayor in San Francisco (CA), Portland (ME), and Telluride (CO) as well as for city council elections in St. Paul (MN) and Takoma Park (MD). IRV is also used abroad: Ireland will elect its president with IRV this month, and London will use IRV for mayoral elections in 2012. As recommended by Robert’s Rules of Order, more than 50 American colleges and universities now elect their student leaders with IRV.

With IRV, voters get one vote and one ballot, but get to rank candidates in order of preference. If no candidate wins with a first-choice majority, the candidate with the fewest votes is eliminated and their supporters’ second choices are added to the totals of the remaining candidates in an “instant runoff.” The process of elimination and redistribution continues until one candidate has a majority. [Read more…] about All states (IRV): The courts got it right: recognizing that instant runoff voting makes every vote count

Maryland & Indiana: A robocall showdown

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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

Weekly Wrap-Up

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Did Michelle Obama violate Illinois state election law? After Michelle Obama turned in her early voting ballot yesterday, she stopped outside the voting booth to take pictures with people in the area, including an electrician, Dennis Campbell. According to Campbell and a reporter who was nearby, Michelle stated that it was very important that he vote “to help keep her husband’s agenda going.” Illinois state law (Sec. 17-29 (a)) states that “No judge of election, pollwatcher, or other person shall, at any primary or election, do any electioneering or soliciting of votes or engage in any political discussion within any polling place, within 100 feet of any polling place.” White House press secretary Robert Gibbs responded to the accusation by stating that “I don’t think it would be much to imagine, the First Lady might support her husband’s agenda.”

Charges were filed against a Maryland man, Jerry Mathis, for distributing an official-looking sample ballot that turned out to be fake.  The false ballots alarmed several candidates when they saw that the wrong matchups were checked.  Under Maryland law, Mr. Mathis could be facing a maximum of one year in jail and a $25,000 fine. [Read more…] about Weekly Wrap-Up