State of Elections

William & Mary Law School | Election Law Society

Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

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By Tom Lukish

Lukish Post 1From its western banks along the Bering Strait to its eastern border with the Yukon Territory, Alaska encompasses a large terrain colloquially known as “The Last Frontier.”  A home for some 735,000, and a vacation destination for many more, America’s northernmost state perhaps likely comprises the only world several Yup’ik- and Gwich’in-speaking villagers have ever known.  Indeed, many in Alaska’s southwest region, “still depend upon subsistence fishing, hunting and gathering for food.”  For them, and for advocates nationwide of a more expansive Voting Rights Act (VRA), there is tremendous hope for the future.  3,770 miles from the pertinent jurisdiction in last year’s Shelby County v. Holder and nearly fifty years after the initial passing of the VRA, Alaska Natives present a new sort of story.

In certain parts of Alaska, such as those which encompass the Wade Hampton Census Area, American Indians and Alaska Natives amount to approximately 92% of the total population.  Perhaps realizing the cultural influence such individuals maintain, organizations like the Native American Rights Fund (NARF) have made efforts to assist natives as they seek increased political efficacy in the Land of the Midnight Sun. [Read more…] about Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

California’s Law Against Fraudulent Accusations of Voter Ineligibility: Valuable Protection or Unnecessary Remedy?

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By Geoff Tucker

When it comes to voter protection, California has a unique law in place: California Election Code § 18543(a) provides that, without probable cause, it is a felony to attempt to prevent people from voting by insinuating that they are ineligible to vote. While this type of law has also been considered by Ohio, California remains the only state with this type of voter protection. The question, however, is whether such a law is necessary or practically useful. [Read more…] about California’s Law Against Fraudulent Accusations of Voter Ineligibility: Valuable Protection or Unnecessary Remedy?

Welcome to the Jungle: Senate Majority May Come Down to Louisiana

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By Staff Writer

Pundits have framed this year’s election cycle as having the potential to shift control of the United States Senate from Democrats to Republicans—and given the sheer number of close races across the country, nearly every seat in serious contention has the makings of being the deciding race. Due to Louisiana’s unusual election laws, however, the chattering class might not know which way the pendulum will swing until long after Election Day on November 4th. [Read more…] about Welcome to the Jungle: Senate Majority May Come Down to Louisiana

William & Mary Law’s Winning Map May Prove Useful as Virginia Legislators Head Back to the Drawing Board

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By Staff Writer

W&MLaw-Congress map (1)Back in 2011, a team of William & Mary Law students won first place in the Governor/Commission Division for the U.S. Congressional Map category in the Virginia Redistricting Competition. The project may have started merely as an experiment to see whether students might be able to create useful maps using new redistricting software and real data on Virginia voters. But now that a federal court has declared Virginia’s 3rd Congressional District unconstitutional, the map designed by William & Mary students has taken on a whole new level of importance in the drawing of fair and just Congressional districts in Virginia. [Read more…] about William & Mary Law’s Winning Map May Prove Useful as Virginia Legislators Head Back to the Drawing Board

A Balancing Act: Maryland’s Online Ballot Marking Tool – An Improvement for Disabled Voters or a Threat to Election Integrity?

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By Caitlin Whalan

On Election Day, a voter arrives at her designated polling place, the elementary school located a few miles from her home. Her husband helps her from the car and escorts her in, where there are lines of people anxiously waiting to cast their vote. Upon her arrival, she requests a voting machine with non-visual access. After waiting an hour and a half, a voting machine with non-visual access is finally available, and it is now her turn to vote. She slowly makes her way to the voting machine, using her cane to guide her. Once she is in front of the voting machine, the audio prompts begin, but the words get lost in the background noise, ricocheting from the bare gymnasium floor. She strains to hear the audio prompts emanating from the voting machine. She calls out for a poll worker to help replay the audio prompts. The poll worker comes over to her, but the poll worker is not well trained in accessibility features of the voting machine. After a few tries, he is able to replay the audio prompts, but cannot make them any louder. This time, she concentrates harder, trying to grasp every word of the audio prompt. Still, the noises of gymnasium roar like a freight train in the background. After another strained attempt, she finally completes her ballot, but leaves the gymnasium frustrated and unsure if she cast her vote the way she intended. [Read more…] about A Balancing Act: Maryland’s Online Ballot Marking Tool – An Improvement for Disabled Voters or a Threat to Election Integrity?