State of Elections

William & Mary Law School | Election Law Society

Florida’s Lukewarm Remedy for Chilly Early Voting Policies

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By Nick Raffaele

While Florida’s relationship with early voting is still relatively new, the honeymoon may already be over. But to understand the hot and cold affair, it is helpful to look back on the couple’s history. Former Governor Jeb Bush first signed early voting into Florida law in 2004, providing early voting fifteen days before an election, eight hours per weekday and eight hours per weekend. Only a short year later, Bush and a Republican legislature cooled on the partnership, dropping the last Monday of early voting before a Tuesday election. The relations heated up again when former Governor Charlie Crist signed an executive order mandating that early voting be extended in response to overwhelming voter turnout for the 2008 Presidential election. Under the leadership of Governor Rick Scott, Florida again turned its back on early voting in 2011 by passing a controversial law that reduced early voting to eight days before an election for a minimum of six hours and a maximum of twelve hours per day. [Read more…] about Florida’s Lukewarm Remedy for Chilly Early Voting Policies

One Sentence May Fundamentally Alter Third Party Ballot Access in New Hampshire

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By Sarah Graffam

A lawsuit pending before the New Hampshire Federal District Court could have serious impact on third party access to the ballot in future elections. House Bill 1542, which became law on July 22, 2014, added one sentence to RSA 655:40: “Nomination papers shall be signed and dated in the year of the election.” In a suit filed the same day, the New Hampshire Civil Liberties Union, on behalf of the Libertarian Party of New Hampshire, argued HB 1542 imposes onerous restrictions on third party access to the ballot which limits voter choice and stacks the deck against candidates who do not belong to a major party. [Read more…] about One Sentence May Fundamentally Alter Third Party Ballot Access in New Hampshire

Redistricting Change Failed: Ohio Issue 2 (2012)

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By Christopher Keslar

In the 2012 elections, a Redistricting Amendment to the Ohio Constitution was put on the ballot. Known as Issue 2, the amendment would have created a commission of twelve citizens to draw legislative and congressional maps. The amendment was defeated at the ballot box by a resounding 63% against and 37% for the amendment. To many, partisan redistricting is only a polite way of saying gerrymandering, and this very process of the state legislature choosing who will essentially elect them is provided for in the Ohio Constitution. In fact, the Secretary of State of Ohio, John Husted, wrote in the Washington Post this February, “[I]f government is to be more responsive, it is not the people but the Ohio Constitution that needs to change.” However, it may very well be the case that John Husted was the reason for Issue 2 failing at the ballot box. [Read more…] about Redistricting Change Failed: Ohio Issue 2 (2012)

What a Pain for Payne: Virginia’s Racial Packing Lawsuit

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By Ashley Eick

3rd ViginiaAs a slew of lawyers scurried around trying to organize their maps and evidence, Judge Payne sat calmly in the center of a three-judge panel. In late May of 2014, high-powered lawyers boiled down mountains of statistics, diagrams, and expert opinions into a two-day bench trial. They needed to convince Judge Payne and two Fourth Circuit judges to rule that the General Assembly primarily used race to concoct Virginia’s fantastically shaped 3rd congressional district. Against all odds, they succeeded.

Although all the attention and spotlight has been on Alabama, Virginia has been facing its own mudslinging, partisan wrangling, racial packing lawsuit. Three plaintiffs – Dawn Curry Page, Gloria Personhuballah and James Farkas – have challenged the constitutionality of Virginia’s 3rd congressional district as a racial gerrymander in violation of the Equal Protection Clause. They allege that the General Assembly “packed” black voters into the 3rd district, Virginia’s only minority-majority district, to dilute minority influence in the surrounding predominantly white districts. In the enacted plan, the black voting-age population increased from 53.1 percent to 56.3 percent while it decreased in every adjacent district. Furthermore, African-Americans “accounted for over 90% of the added voting age residents.” [Read more…] about What a Pain for Payne: Virginia’s Racial Packing Lawsuit

Battleground Texas May Also be Battling Texas Voter Registration Laws

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By Vanessa Rogala

With thirty-eight electoral votes at stake, the idea of the Lone Star State possibly being in play for the 2016 Presidential Election is an intriguing one. Given the Texas gubernatorial election is coming up in November, some have wondered whether this current push towards Democratic leadership will actually make any significant changes to the political makeup of the state. One of the organizations attempting to paint the face of Texas politics blue is Battleground Texas. With over sixteen thousand active volunteers, Battleground Texas has gotten the attention of voters and the Texas GOP. In order to reach their lofty goal, the organization focuses on increasing voter registration and motivating already-registered Texans to continue or begin participating in the democratic process. Since Texas has bled red for a long time now, Battleground Texas’ goal is an uphill journey with numerous bumps on the road, to say the least. The Democratic organization, however, never expected one of those bumps to include a run-in with Texas election laws. [Read more…] about Battleground Texas May Also be Battling Texas Voter Registration Laws