State of Elections

William & Mary Law School | Election Law Society

Pennsylvania

Attempts to shine light on the dark side of politics

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by Jamel Rowe

Corruption—the dark side of politics— is a problem that legislatures and the general public have been battling since the creation of the United States government. Recently, Pennsylvania made the eradication of corruption in judicial elections its primary goal by introducing House Bill 1815 and House Bill 1816 to the General Assembly.

In Pennsylvania, candidates for the appellate and trial court must run in partisan elections and, consequently, must affiliate themselves with a particular party. Then they must be elected by popular vote. Proponents of judicial elections support the system because they believe it promotes accountability. They argue that judges, who routinely make policy decisions, are in essence legislators.  As a result, judges should be held accountable to the public just like legislators; if they fail to live up to their campaign promises, the public should have the ability to oust them from office. [Read more…] about Attempts to shine light on the dark side of politics

Pennsylvania Voter ID Bill: The Embodiment of Discrimination or Weapon Against Voter Fraud?

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by Jamel Rowe

Imagine that after months of living off of your meager savings, you can longer pay your rent and are subsequently evicted from your home. You, like an estimated 15,096 Pennsylvanians, have no permanent home. Regrettably, your homelessness could hinder your ability to vote.

Rep. Daryl Metcalfe (R – Butler County) introduced House Bill 934 on March 4, 2011. It passed the Pennsylvania House of Representatives by a 108-88 vote and is currently before the Senate.  As it stands, the current election laws require voters to show identification the first time they vote at a new polling location. If approved, the bill will require voters to show valid photo identification every time they vote, even though they may have voted at that particular polling location in the past.

The primary justification for this “common-sense safeguard” is to prevent voter fraud. In an interview with Comcast Newsmakers, Rep. Metcalfe stated that voter fraud is still a relevant concern as demonstrated by the 2009 investigation of ACORN employees in Pittsburgh for fraud. He also discussed how thousands of fraudulent voter registrations were filed in Philadelphia in 2005 and how 1500 of those registrations were turned over to the District Attorney for further investigation. [Read more…] about Pennsylvania Voter ID Bill: The Embodiment of Discrimination or Weapon Against Voter Fraud?

Pennsylvania voters get carded

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Pennsylvania voters may find themselves pulling out their wallets and scrounging through their purses for their driver’s licenses in upcoming elections if a recent bill makes it through the State Senate. House Bill 934 (the Pennsylvania Voter Identification Protection Act), sponsored by Republican State Representative Daryl Metcalfe, would require every voter to provide photo identification before voting. It passed the House just last June, and will soon make it to the floor of the Senate. As in many similar efforts across the country, the effort is largely Republican-led; not a single Democrat Representative in Pennsylvania voted for it.

This is Pennsylvania’s second effort at a voter identification bill. The first, which passed in the legislature in 2006, was vetoed by then-Governor Ed Rendell, a Democrat. But on an issue that tends to split down party lines, the effort this time stands a good chance. The Senate has  a Republican majority of 29-20, and the governor is a Republican. Moreover, the bill includes elements, most notably providing free photo identification, that the Supreme Court cited last March when it decided (6-1) to uphold a similar Georgia statute. In short, if the bill passes, it will be there to stay unless a future legislature repeals it.
[Read more…] about Pennsylvania voters get carded

Weekly Wrap Up

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Supreme Court throws out voting machine judgment: The Supreme Court decided this week to throw out a suit against Dallas County over its use of iVotronic voting machines. The Democratic Party sued the county claiming that the confusing straight-party feature of the machines was not approved by the Justice Department. The Supreme Court considered the charge moot since the Justice Department has since approved the use of the machines.


Getting rid of the “winner-take-all” electoral system: Pennsylvania Republican Majority Leader Dominic Pileggi is looking to drop the winner-take-all method and adopt a split system for electoral voting. In the new system an electoral vote would be given to the winner of each of Pennsylvania’s 19 congressional districts with the remaining Senate votes given to the winner of the popular vote. Many PA Republicans, who lost the 2008 electoral vote, argue that a split system more accurately reflects the diversity of voters. Others have criticized the proposition stating that candidates will lose interest in the large battleground state if the vote is split.


South Carolina GOP to cover Primary Election Costs: The Republican Party in South Carolina has agreed to pay all additional costs of the primary election there. This comes after many in the state had expressed concern about covering the costs of the 2012 Republican presidential primary. Nevertheless, several counties have authorized their attorneys to use legal means to protect county interests and coffers. The Republican Party will cover “legitimate costs” over and above what the state Election Commission will reimburse counties for conducting their elections. The Democratic Party does not currently plan to conduct a primary election in South Carolina.

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

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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