William & Mary Law School | Election Law Society
By: Matthew Hubbard
In 2014, Oregonians voted on Ballot Measure 90, which aimed to overhaul the state’s primary election system by establishing a nonpartisan blanket primary. A form of open primary, a nonpartisan blanket primary system requires all candidates for a political office to participate in a single primary. The top two vote getters from this primary advance to the general election, regardless of their stated party affiliation.
By Hannah Whiteker
Fans of direct democracy should be excited about the increased use of state ballot initiatives to legalize marijuana use. Direct democracy allows citizens to enact and change laws, instead of electing representatives to make important decisions for them. One of the ways that the United States utilizes direct democracy is through state ballot initiatives. If a group of voters wants to get an initiative on the ballot to pass a law in their state (there is no initiative process for federal elections), the group must first get enough voters to sign a petition supporting the initiative. The number of signatures required varies by state. If the group satisfies the signature requirement, the initiative is put on the ballot for the next statewide election to be voted on by the people.
[Read more…] about Ballot Initiatives for Marijuana Legalization Track Public Opinion
By: Matthew Hubbard
Voter identification laws of various forms, which are currently enforced in 32 states, continue to garner significant national media attention and spark contentious debate. Proponents argue that the laws prevent voter fraud and preserve the legitimacy of the electoral process while opponents claim that in-person voter fraud is a phantom problem and that these claims are merely pretext for partisan vote suppression. As the public attention and debate surrounding these voting restrictions increases, however, one state has managed to quietly pass legislation that moves as far as possible in the opposite direction.
by Michael Althouse, Contributor
In election law, states can get a bad rap. States are supposed to be the laboratories for democracy, but when it comes to elections, it can seem like they’re more like the inept, maybe-racist, drunk uncle of democracy. It’s not all so bad out there, though, and Oregon is a good example of how states can innovate in a successful way. In 1998, just two years before Florida would grind the nation to a halt while it counted hanging chads, the people of Oregon overwhelmingly passed State Measure 60, requiring all votes to be cast through the mail. Two of the primary motivations behind the measure were that it would save money and it would increase voter participation. It’s hard to say with certainty whether voting by mail had an effect on voter participation, but in 1996 Oregon’s voter turnout was around 57%, and in 2000, two years after State Measure 60, it was around 80%. Any number of things can result in an increased voter turnout, such as passion around a relevant issue, a particularly divisive election, or natural disasters. Regardless of potential causes, since 1998, Oregon has consistently had one of the highest rates of voter turnout in the country. [Read more…] about Oregon: A Laboratory With Some Great Inventions
by Megan Thomas, Contributor
As much as we focus on getting out the vote for each election, the first step in voting usually takes place long before election day. Throughout the United States, citizens must register before they are allowed to vote. Though some states allow same-day registration, most states require that voters register in advance of an election. Advance registration makes voting a multi-step process and is widely considered to be a barrier to voter access. [Read more…] about Modern Obstacles to Voting: Oregon’s Failed Attempt at Automatic Voter Registration