State of Elections

William & Mary Law School | Election Law Society

It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia

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by Student Contributor

On June 25, 2013, the levee finally broke. After earlier hinting that it would, the Supreme Court of the United States struck down the formula for determining which jurisdictions required preclearance under the Voting Rights Act.

Predictably, pandemonium ensued. Some commentators forecasted that states would revert to practices that result in further restrictions on who can vote. An example in Virginia is a new voter ID law that will now go forward unchecked by the Department of Justice thanks to the Court’s decision in Shelby declaring the VRA preclearance formula unconstitutional. [Read more…] about It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia

Trash or Treasure?: Concerns With SB1008’s Protection of Democracy in Virginia and How They Were Addressed

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by Student Contributor

They say one man’s trash is another man’s treasure. In this case, it’s another man’s voter registration form. A month before the presidential election of 2012, a store owner saw a man throw a trash bag into the store’s recycling bin. Upon investigating, the store owner discovered that the man had thrown away several completed voter registration forms. The man was a contractor with the Republican Party helping to register voters in Virginia. The contractor was charged with thirteen counts of destruction of voter registration applications, disclosure of voter registration information, and obstruction of justice.

[Read more…] about Trash or Treasure?: Concerns With SB1008’s Protection of Democracy in Virginia and How They Were Addressed

An Extended Vacation for Pennsylvania’s Voter ID Law

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by Joshua Bohn, Contributor

On August 16, 2013, Pennsylvania Judge Bernard McGinley issued a preliminary injunction to block Pennsylvania’s Voter ID Law from affecting Pennsylvania elections in November. This preliminary injunction was the result of a lawsuit, Applewhite v. Commonwealth. Though the trial concluded on July 31, 2013, the judge is still deliberating on whether a permanent injunction is appropriate. However, the preliminary injunction made it clear that Pennsylvania voters will not be required to show poll workers photo identification in order to vote in the 2013 November general election. The  injunction also restricted the voter ID law’s “soft rollout” features. These features would have required poll workers to inform voters that they would need photo ID to vote in the next election. The judge’s recent preliminary injunction does away with this requirement. Poll workers may still ask to see photo ID, but the voters still do not have to produce it in order to vote.  [Read more…] about An Extended Vacation for Pennsylvania’s Voter ID Law

Slating In Judicial Elections: Fair or Foul? Case To Proceed In Federal Court

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by Henry Alderfer, Contributor

Marion County. It is the hometown of the Indianapolis Colts, the author of this post, and a recent voter ID suit brought before the Supreme Court of the United States.  Last fall, the American Civil Liberties Union (ACLU) and Common Cause brought a suit in the Southern District of Indiana alleging the way Marion Superior Court judges are elected is unconstitutional. [Read more…] about Slating In Judicial Elections: Fair or Foul? Case To Proceed In Federal Court

Kentucky Felon Voting And The Fate Of HCS HB 70

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by Richard Spoor, Contributor

The restoration of felon voting rights has slowly come to the Blue Grass state.  Section 145 of the Kentucky Constitution excludes those who have been convicted of a felony, bribery in an election, or treason from voting.  Felons, regardless of the variety of crime committed, are prevented from voting for life and the only way they can reestablish their voting rights is by applying to the governor.  Kentucky’s felons are “socially dead” having basic rights permanently withheld, most notably the right to vote.  However, there is a movement in Kentucky to change these somewhat draconian laws.  Bills amending the constitution’s section 145, while unsuccessful to date, have been introduced and have gained popularity.  Additionally, popular politicians have thrown their weight behind the movement.  It is entirely conceivable, if not probable, that Section 145 will be amended in the near future.  [Read more…] about Kentucky Felon Voting And The Fate Of HCS HB 70