William & Mary Law School | Election Law Society
By Sarah Wiley, Editor
On Friday October 18, a federal district judge in Virginia’s northern district rejected the Democratic Party’s request for an injunction blocking the removal of 38,000 voters from the Virginia voter rolls. Democrats contended that the lists used to remove voters are inaccurate. [Read more…] about 38,000 Voters Removed from Virginia’s Voter Rolls
Former Richmond City Council member Sa’ad El-Amin could be back in the voting booth for this year’s Governor’s race. The irony is that this could frustrate his own efforts to ensure automatic rights restoration for felons in Virginia.
Federal District Judge John A. Gibney Jr. ordered a stay in the case of El-Amin v. Commonwealth of Virginia, holding off on deciding whether the convicted felon would have his voting rights restored, because of Governor Bob McDonnell’s announcement that he intends to restore voting rights to all non-violent felons in the state. (Full Disclosure: Two William & Mary Law School students, Kate Ward and Elderidge Nichols, under the supervision of Professor Rebecca Green, filed an amicus curiae brief in El-Amin’s case.) [Read more…] about News Brief: Out of the Frying Pan and Into the Ballot Box
by Emily Lippolis, Special Contributor
The biggest problem facing Virginia registrars is a lack of resources. They are understaffed, overworked, and last-minute legislative acts (like mandating ballots in Spanish) mean that they are often burdened with unforeseen changes right before Election Day. Poll workers are well-trained but most experience their first real day of work on Election Day. There is usually not enough money to create data for election statistics at individual precincts. Furthermore, each precinct is different and has their own set of needs.
All of this led our working group on Election Day “party planning” to conclude that what registrars need most are business management-like resources, and not broad solutions to haphazardly apply to every precinct. Most large businesses track their resources so that they can determine how different processes and investments lead to different outcomes. Many large companies, like Walt Disney World and UPS, have already done the research necessary to mitigate many of the issues that create delays at the polls. Some states have already solved the problems facing other states, and just need a medium to communicate their solutions with the rest of the country. If election officials had the same resources used by big businesses to create maximum efficiency and customer satisfaction, then elections would run a lot more smoothly in Virginia. [Read more…] about Symposium Report: Conclusions of the “Party Planning” work group with Sec. Scott Gessler and Fairfax County Registrar Cameron Quinn
by Shanna Reulbach, Special Contributor
The William & Mary Election Law Society hosted a symposium searching for solutions to the delays that occurred on Election Day 2012—those that President Obama directed national attention to during his acceptance speech that night. The symposium began with small-group sessions that brought scholars, elections officials, and students together to discuss the issues. I was part of the group focusing on election flexibility options, and had the honor of talking with Dr. John Fortier of the Bipartisan Policy Center and two outstanding Virginia general registrars, Barbra Gunter and Donna Patterson.
The group focused first on two of the “hottest” ideas for voter flexibility: early voting and absentee voting. Currently, Virginia offers mail-in absentee ballots to voters who are able to select one of a number of excuses for not being present in their precinct on Election Day. Virginia’s system of in-person absentee voting, which other states may call early voting, also requires an excuse. Ms. Gunter and Ms. Patterson related that Virginia voters passing through their offices express support of having more options for early voting through either method. The registrars agreed that more options for early voting would reduce delays on Election Day because people would likely take advantage of those options, meaning less people coming to the polls on that Tuesday in November. [Read more…] about Symposium Report: Scholars, Officials, and Students Discuss Election Flexibility as a Solution to 2013 Election Delays
by Andrew McCoy, Special Contributor
On February 21 the William and Mary Election Law Society held its annual Symposium with a focus on election day delays. During the symposium three panel discussions were held, and I had the pleasure of being present in the Voting Technology panel. This discussion was facilitated by Paul Herrnson and included three William and Mary Law students, two Virginia Registrars: Kirk Showalter and Greg R, and a Member of an Electoral Board: Al Ablowich. We were meant to look at voting technology problems, their impact on voting day delays, and potential solutions.
We were unable to note any specific solutions, partially because we could not pinpoint the impact of technological problems. Mr. Riddlemoser stated that there were no technology related delays in his county, and Ms. Showalter noted that, absent voter or poll worker errors, there was only one technology problem in her county and the resulting delay cleared by mid-morning. Mr. Ablowich did note some technology problems on election day, but these were related to the age of the machines and human error. Based on this panel discussion it appears that reports of delays caused by voting machine failures may have mis-identified other issues with technology failures. [Read more…] about Symposium Report: Voting tech from the front lines