State of Elections

William & Mary Law School | Election Law Society

Washington

Sitting Down with Washington’s Director of Elections

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I recently had a chance to have an email conversation with Nick Handy, Director of Elections under the Secretary of State for Washington.  With a dedication to public service and a knack for handling tough situations with sensitivity, Mr. Handy has served Washington well and entered a well-deserved retirement at the end of 2010.

Could you tell us a little bit about your background?  What prepared you to be Director of Elections?

I am perhaps an unconventional appointment to an Elections Director position in that I had no experience in elections management prior to the appointment.

I was a long time personal and political friend of the Secretary of State.  I had 30 years experience in senior management in state and local government working in areas of high controversy and political scrutiny.  These included open government after Watergate, natural resource management during the spotted owl and endangered species debates, and oil spill preventing after Exxon Valdez. [Read more…] about Sitting Down with Washington’s Director of Elections

What’s Geauxing On: Everybody’s Copying Louisiana?

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When one thinks of Louisiana, the first thing that comes to most people’s mind is likely not “model for electoral reform.”  This, after all, is the electoral system that in recent years has brought a veritable parade of politicians whose terms in office have transitioned into terms in prison on corruption charges.  That’s why it may come as a surprise that there are movements afoot in states across the country to adopt the most unique element of Louisiana’s electoral system.

In 1976, Louisiana adopted a non-partisan blanket primary system for both its state and congressional elections.  Also known as an “open” or “top-two” primary, this unique system puts candidates of every party on the same ballot for the primary.  If any one candidate receives a majority of votes, that candidate is elected without any need for a general election.  If, as frequently happens when there are more than two candidates on the ballot, no candidate wins a majority of votes, the top-two candidates go on to a run-off general election. The goal of open primaries is to promote the election of more moderate candidates.  The theory, however, is controversial. [Read more…] about What’s Geauxing On: Everybody’s Copying Louisiana?

I Know What You Did Last Summer: Signed a Petition in Washington

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Last year, female Facebook users around the world updated their status messages with their bra color.  Version 2.0 of this breast cancer awareness marketing strategy ran this year.  Perhaps some things should be kept private.  But what about our politics?  As vast amounts of information goes digital – from individual campaign contributions to the personal communications of our officials – traditional notions of privacy are giving way to an era of sunshine in all aspects of our lives.

Enter (from stage right) Tim Eyman, a veteran ballot initiative activist in the state of Washington.  If state-wide ballot initiatives create a de facto citizen legislature, then Eyman is the conservative Washington citizen’s whip.  To get an idea on the ballot, initiative supporters must sign petitions, and give such information as their home addresses to verify they’re eligible to sign. [Read more…] about I Know What You Did Last Summer: Signed a Petition in Washington

Hotspots: Key Post-Election Disputes in the States

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Keep checking back here for links to the latest state midterm election results and recount coverage

LINKS BY STATE:

Alaska, Arizona, California, Colorado, Connecticut, Illinois (Gubernatorial, House), Kentucky, Minnesota, Missouri,New York, North Carolina, Oregon, Texas, Virginia, Washington

SENATE

Alaska

Joe Miller, the Republican candidate for Senate in Alaska, will probably require a hand recount of the write-in votes before he will concede the race.

Wednesday night, Democrat Scott McAdams conceded the race after only getting 23% of the vote.

Murkowski and Miller are preparing for the next round of ballot counting that will begin next week. Murkowski has set up a separate campaign account to support campaign efforts in the counting process.

Joe Miller is questioning the fairness of the process and has filed a lawsuit in federal court to prevent misspelled ballots being counted for Senator Lisa Murkowski.

The Associated Press reports that a federal court judge has denied Republican Joe Miller’s request for an injunction to stop the counting of incorrectly spelled write-in ballots.

Live coverage of the counting is being streamed online.

The Court has rejected Miller’s request to stop the recount.  The count now shows Murkowski with 98% of the initial write-in vote.

Joe Miller’s prospects for victory are getting slimmer, and the lawyers are starting to leave Alaska.

Alaska election officials have completed the fifth day of counting write-in ballots.  Senator Lisa Murkowski has retained 89% of write-in votes

With almost all votes counted, Senator Lisa Murkowski currently has an edge of over 2,000 votes over Republican Joe Miller.  Murkowski’s total does not include the over 10,000 challenged ballots.

As counting ends, Murkowski is heading back home and is expected to declare victory soon.  8,135 ballots have been challenged, but even if all of those ballots were thrown out by the Court, Murkowski would still be ahead by more than 2,000 votes.

With all but 700 write-in votes counted, Senator Lisa Murkowski has declared victory over Republican candidate Joe Miller.  The AP called the race for Murkowski Wednesday evening.

Joe Miller is asking a federal judge to stop election officials from certifying results declaring Murkowski the winner.  Murkowski leads by about 10,400 votes; Miller has challenged 8,153 of the ballots counted for Murkowski.

A federal judge has granted Joe Miller (R) a temporary injunction preventing election officials from naming Senator Lisa Murkowski the winner.  Miller filed his complaint on the grounds that the counting of misspelled ballots for Murkowski violates state law.  Miller will now bring the issue to state court.

Attorneys for the state of Alaska have asked a judge to decide the case over contested absentee ballots by next week.  The case will be heard Wednesday in state court in Juneau.  Senator Lisa Murkowski is seeking to intervene in the suit.  Her attorneys have said her seniority will be in jeopardy if she is not sworn in when the new Congress meets in January. [Read more…] about Hotspots: Key Post-Election Disputes in the States

Some will Win, Some will Lose, Some States are Born to Sing the Blues: The Coming Battle Over Reapportionment

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The stakes are incredibly high, reapportionment is looming, and recent data from Election Data Services shows that neither Democrats nor Republicans will be too pleased come next year. States which have been recently labeled as ‘safe Republican’ in Presidential elections will gain seats, but in more Democratically inclined areas. States recently labeled as ‘safe Democrat’ in Presidential elections will lose some seats. The biggest gain will be in Texas. Texas can expect to gain four House seats, at least some of which will be placed in locations more favorable to Democratic candidates. Meanwhile, New York, a state typically labeled as ‘safe Democrat’ in Presidential elections, will likely lose two House seats. In terms of multi-district moves, Florida will likely gain two seats and Ohio will likely lose two seats. Arizona, Georgia, Nevada, South Carolina, Utah and Washington will all likely gain a seat while Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey and Pennsylvania will all likely lose a seat.

Reapportionment is becoming a problem not only for certain Presidential candidates but also state and federal candidates, especially candidates in the Midwest where rapid population flight is decimating the electoral landscape. The close electoral math is mapping onto reapportionment strategy. Democrats and Republicans are locked in a mortal struggle to gain control of state houses and governor’s mansions across the nation, in anticipation of being able to influence the composition of both state legislatures and Congress over the next decade. [Read more…] about Some will Win, Some will Lose, Some States are Born to Sing the Blues: The Coming Battle Over Reapportionment