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When a state’s constitution says “2011” does it really mean “2011?”

Election Law Society · December 16, 2011 ·

by Davis Walsh

Virginia’s House of Delegates appears ready to push Congressional redistricting to 2012, when Republicans will effectively control both the Commonwealth’s House and Senate. But such an action may be impermissible because Virginia’s Constitution, Article II, Section 6, mandates redistricting be completed in 2011, but the Constitution prescribes no express penalties for the failure to adopt a plan in 2011. The question that this situation presents is whether the General Assembly can ignore a provision of the Commonwealth’s Constitution when that provision includes no penalties.

Earlier this year, the Democrat-controlled Senate and Republican House of Delegates agreed on state General Assembly redistricting,  but each house passed competing plans for Congressional redistricting. The Republican House of Delegates plan would keep the Commonwealth’s split of eight Republicans and three Democrats in Congress. The Democratic Senate’s plan would create a new minority influence district, which would provide minorities with a substantial number of voters in a district but not a majority. [Read more…] about When a state’s constitution says “2011” does it really mean “2011?”

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

With Great Success Comes Great Responsibility: Virginia Bipartisan Commission Asks W&M Law Students to Assist in Redistricting Process

Election Law Society · March 26, 2011 ·

Last week, a team of W&M law students enjoyed tremendous success in Virginia’s Redistricting Competition.  Because of their success in the competition, the W&M team has been asked by the Bipartisan Governor’s Commission to assist them in drawing its own maps to submit to the Virginia Assembly.   The Commission was so impressed with the W&M team’s maps that they requested at least two students from the team work with them as the Commission draws its own maps to submit to the Assembly.  The last Commission meeting is on Wednesday, so it is crunch time for the Commission to come up with a map they believe the Assembly should adopt.  W&M law students began assisting the Commission on Thursday and will continue to help until the Commission’s last meeting on Wednesday.

In addition, the W&M Law Redistricting Team has been in the press a lot lately.  See below for all of the press coverage.  Well done team!

Washington Post: College Students Compete to Redraw Virginia’s Congressional Districts

Virginia Public Radio: Redistricting Competition Maps Do ‘Something That’s Much Different’

Daily Press: College Teams Redraw Political Maps

Williamsburg Yorktown Daily: Two WM Teams Win In Redistricting Competition

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Virginia Redistricting Competition

Election Law Society · March 23, 2011 ·

The Virginia Redistricting Competition announced its winners yesterday and William and Mary Law School team won the Congressional Governor/Commission division!  W&M Law also took home a second place finish for its state senate map in the Competition division!  W&M Law narratives describing decisions behind the map also received distinction from the judges, saying the W&M Law narratives “set the standard” for the competition.  Go W&M Law!!

We spent many hours staring at maps and working to draw lines that met the criteria of the competition along with what the law requires.  Focusing on compactness, contiguity, communities of interest, and equipopulation, the team’s goal was to draw lines that made logical sense.  The team was open to all students, but we ended up with only one student from Virginia.  This proved to be somewhat of an advantage in the sense of we were not aware of current partisan politics and drew lines without knowing where incumbents lived.  For a second category, the competitiveness factor was added where we attempted to make districts as politically competitive as possible, again not taking incumbency into consideration.

Overall, we achieved what we set out to do – draw maps that make logical sense, relying on redistricting case law.  Congratulations to the entire team!

The full results of the Competition are available here.

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Defenders of Democracy: The Role of Secretaries of State as Chief Election Officers

Election Law Society · February 14, 2011 ·

This symposium panel will focus on the critical role a secretary of state plays in securing our democratic process. We will discuss bridging the gap between political theory and election reality and what it really takes to ensure the integrity of an election. While each state has laws that govern the execution of an election, it is up to the state’s chief election officer to add detail where only broad strokes exist. Panelists will share their insight into specific areas in which secretaries of state have been particularly active in running elections, from voter registration and voting machines to recounts and provisional ballots.

The symposium takes place on Tuesday, February 15 from 12:50 to 1:50 in Room 127 at William & Mary School of Law.

Panel will be moderated by Law School Dean Davison M. Douglas. Participants include former Ohio Secretary of State Jennifer Brunner and Minnesota Secretary of State Mark Ritchie, current president of the National Association of Secretaries of State.

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