State of Elections

William & Mary Law School | Election Law Society

Texas

Former Chief of the DOJ voting section visits William and Mary

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Last week John K. Tanner visited William and Mary Law to talk to students about his 40+ years of experience in election law. Mr. Tanner is the former Chief of the voting section of the DOJ, having joined the section in 1976. Most recently, Mr. Tanner represented the Texas Legislative Black Caucus in the recent Texas redistricting suit.

Mr. Tanner met with students to discuss the complicated issues behind the Texas redistricting plan and the subsequent law suits. The suit represented by Mr. Tanner, along with similar suits filed, led to the Supreme Court’s approval of a federal court drawn plan late last month. Redistricting in Texas was taken out of the hands of the legislature after protests that the plan unlawfully discriminated against minorities. [Read more…] about Former Chief of the DOJ voting section visits William and Mary

News Brief: Texas Supreme Court rejects redistricting maps

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by Allison Handler

The Supreme Court has rejected redistricting maps drawn by a Texas federal court. The judicially-created maps were created as a response to the Texas legislature’s failure to comply with Section 5 of the Voting rights Act. However, the Supreme Court decision throws the future of the redistricting map into question as the 2012 elections approach. According to reporting by the New York Times, the new map may not differ significantly from the one created by the Texas court, one which some say favors representation of Hispanic communities and the Democrats. The initial map proposed by the state legislature favored Republicans, but was never submitted to the Department of Justice for pre-clearance.

There may not be enough time before the election to prepare the maps appropriately. The Texas Attorney General Greg Abbott hopes to have interim maps in place by the end of January so that the state’s primary can take place on April 3rd. Abbott moved the federal court conference on the issue to January 27, ahead of schedule. The date of the primary has already been moved back from March 6th to the current April date, though it is not clear whether the state will be able to hold the election by April either. [Read more…] about News Brief: Texas Supreme Court rejects redistricting maps

Voters? We don’t need no stinkin’ voters

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Why recent changes to Texas election laws may unintentionally undermine voter turnout

by Daniel Carrico

The Texas Secretary of State is fighting to uphold Texas’s new voter photo identification law against federal scrutiny. The press has reported extensively on the battle brewing between the states and the United States Department of Justice over the impact that voter ID laws will have on voter turnout. Many groups believe that voter ID laws—which require persons to show photo ID before casting their votes—unfairly target minority voters, making it more difficult for them to participate in the democratic process. While the photo ID requirement is the most widely reported change to the Texas election process, it is not the only new roadblock likely to affect voter turnout in the Lone Star State’s upcoming elections.

New Burdens for Voluntary Deputy Voter Registrars

Earlier this year, the Texas legislature bolstered the requirements for persons wishing to serve as deputy voter registrars by passing House Bill 2194 and House Bill 1570.

In Texas, the voter registrar in each county may appoint one or more deputy registrars. Deputy registrars are volunteers who assist in the registration of voters. They distribute applications, help people fill out applications, and generally promote voter registration. [Read more…] about Voters? We don’t need no stinkin’ voters

When is state law not enforceable?

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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?

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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