State of Elections — Page 109 — William & Mary Law School

Texas is Shining the Light on the Dark Money in State Politics

Election Law Society · November 20, 2014 ·

By Vanessa Rogala

The Lone Star State has decided to shine some of its Texas sun on the dark money used in elections. “Dark money” is a phrase commonly used to describe donations made by undisclosed donors. For the last several years, dark money been a growing concern in federal and state elections. According to the Center for Responsive Politics, spending by political organizations that do not disclose their donors increased from approximately $5.2 million in 2006 to over $300 million in the 2012 election. Some credit this rapid increase in dark money to the United States Supreme Court’s decision in Citizens United v. Federal Election Commission, which held that the federal government could not limit organizations from spending money to influence the outcome of elections. And, in an 8 to 1 decision, the Supreme Court also held that Congress can compel disclosure of that money spent on influencing elections, stating, “prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters.” The Supreme Court’s push for disclosure, however, launched the creation of super PACs and the growing use of disclosure loopholes. Given how quickly dark money has become an influential factor in elections, many states, including Texas, are attempting to address dark money within their borders. [Read more…] about Texas is Shining the Light on the Dark Money in State Politics

New York: Giving Power to the People

Election Law Society · November 17, 2014 ·

By Fahad Naeem

“It’s not the hand that signs the laws that holds the destiny of America. It’s the hand that casts the ballot.” The power given to voters to choose who gets elected to office is a vast and important right to protect. The people vote for candidates that best represent the interests and perform the duties required of their offices. However, states can steal that power from citizens by allowing state legislators or the governor to appoint officers for vacant positions, as New York had done in its state constitution. New York’s constitution effectively deprived voters of the ability to elect a candidate of their choice. The Attorney General and Comptroller positions can be occupied from several months to several years without any check or say by the voters. That provision was inconsistent with the goal articulated by New York’s constitution in Article 1 Section 1 which states: “No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof . . .” [Read more…] about New York: Giving Power to the People

16 December Meeting on Alleged Conflict of Interest Too Late for Indiana’s District 22 Voters?

Election Law Society · November 15, 2014 ·

By Staff Writer

Despite allegations to the contrary, District 22 Republican candidate for state representative, Curt Nisly, maintains that his role as the independent contractor responsible for developing the Elkhart County Election Board/Clerk’s website does not create a conflict of interest for him as a political candidate. He denies that the voter information to which he had access during the site development creates a conflict for his candidacy. One of his opponents, Democrat David Kolbe, alleges that Nisly’s technological expertise and unique access to voter data provided him with an advantage in terms of targeting voters, or at least creates that perception among members of the public. [Read more…] about 16 December Meeting on Alleged Conflict of Interest Too Late for Indiana’s District 22 Voters?

Mississippi’s Newfound Frustration With Open Primaries

Election Law Society · November 13, 2014 ·

By Staff Writer:

Mississippi garnered unexpected national attention this summer as its system of open primary voting became a contributor to the wider debate of how best to fairly and legitimately select candidates and representatives. If you haven’t been paying attention, Mississippi’s long running Republican Senator, Thad Cochran, came very close to losing his seat to Tea Party Conservative Chris McDaniel in a rather ugly, tight primary race. In an effort to overcome his challenger in a runoff election, Cochran strategically capitalized on Mississippi’s use of open primary voting by asking traditionally Democratic voters to support him in the primary runoff against his far more conservative opponent. In a state where Democrats’ primary voters turned out in less than half the number of participants as the Republican primary, Cochran’s gambit to garner those as-yet uncast primary votes could be considered borderline tactical genius. McDaniel and his supporters are pretty sure, however, that it should be considered less than legal. [Read more…] about Mississippi’s Newfound Frustration With Open Primaries

Move Over Motor-Voter: Michigan’s Pursuit of Statewide “Renter-Voter” Law

Election Law Society · November 9, 2014 ·

By Staff Writer

In 2013, the city of East Lansing, Michigan passed an ordinance requiring landlords to provide their tenants with voter information and registration applications when the tenant first moves into the unit. Home to Michigan State University and its roughly 49,000 student population, East Lansing (by a 4 to 1 City Council vote ) took novel steps to help ensure students are able to register to vote at their college residence. While some landlords believed the ordinance was “way off base,” East Lansing Mayor Nathan Triplett dubbed the ordinance a “no brainer.” Then-City Clerk Marie McKenna noted that the ordinance would remind students who recently moved from one city residence to another to update their registration. Although in the neighboring state of Wisconsin the legislature recently passed legislation preempting an almost identical city ordinance, some Michigan legislators are aiming to expand this landlord duty statewide.