State of Elections — Page 12 — William & Mary Law School

The Future of Senate Bill 97 and its Consequences: Part II

Election Law Society · February 16, 2022 ·

Part I of this blog post discussed Texas Senate Bill 97, and the dangerous changes it would make to election audits in Texas. The proposed bill was put forward to address unsubstantiated claims of voter fraud that allegedly transpired during the 2020 presidential election, and it appears to be an element of a larger campaign by Trump’s Republican coalition to undermine the results of that election. Critics argue that Senate Bill 97 would create an unnecessary and potentially dangerous election auditing system.

Shifting Deadlines: How Changes in the Statutory Redistricting Deadlines Will Impact California’s Elections and Voters (Part 2 of 2)

Election Law Society · February 14, 2022 ·

By: Elizabeth Profaci

As discussed in part one of this two-part series, California passed the VOTERS First Act (“the Act”) in 2008, and ever since, the California Citizens Redistricting Commission (“the Commission”) has drawn the state’s legislative and congressional districts. As part of the redistricting process, the Act imposes deadlines on the Commission, in part to ensure the public has enough time to participate in the redistricting process. The COVID-19 pandemic caused delays in the release of census data and so, in Legislature v. Padilla, the California Supreme Court adjusted the deadlines imposed by the Act to allow the deadlines to change based on federal delay. However, in Legislature v. Weber, the California Supreme Court ordered the Commission to release the preliminary maps no later than November 15, 2021, and to approve and certify the final maps by December 27, 2021.

This change to the deadlines coincided with the holidays and there were concerns that this will affect the public’s ability to meaningfully comment on the proposed maps. As early as May 2021, community-based organizations and civil rights groups submitted comments to the Commission urging later deadlines. The Integrated Voter Engagement (IVE) Redistricting Alliance, which was created to “empower low-income Black, Indigenous, and people of color (BIPOC) residents to participate in the 2021 state and local redistricting processes and empower community residents to participate,” explained that community groups will hold workshops and meetings so that they can meaningfully contribute to the redistricting process. The IVE urged the Commission to move the deadlines outside the holiday period, otherwise, communities will not be able to contribute to and participate in the redistricting process in the same way they would in a normal year.

Ranked Choice Voting: DC Considers Changing its Ballots

Election Law Society · February 11, 2022 ·

By: Luke Foley

Ranked choice voting could be coming to DC as soon as 2024. On July 14, 2021, At-Large DC Councilmember Christina Henderson introduced the Vote Ownership, Integrity, Choice, and Equity (VOICE) Amendment Act, which proposes to implement ranked choice voting (RCV) in all district elections, including those for Mayor, City Council, U.S. President, and Delegate to the U.S. House of Representatives. Henderson laid out her case for RCV in a July press release:

“The benefits of RCV are just as diverse as the candidates who are empowered to run under this system. Candidates are incentivized to campaign positively to appeal to the supporters of other candidates as a backup preference… races are more dynamic and collegial with genuine policy debates supplanting negative campaign tactics.”

A Bonus Seat for the Ocean State?

Election Law Society · February 9, 2022 ·

By: Peter Quinn

It would probably surprise most Americans that tiny Rhode Island, the smallest U.S. state by area, has been afforded at least two members of the House of Representatives since the 1790s. The census reapportionment process has been very kind to the state as of late, resulting in the state retaining its current two seats for the last ten censuses, losing a third seat during the Great Depression. This is especially stark when compared to Delaware, with only about 100,000 fewer people than Rhode Island but bereft of multiple Representatives throughout its history other than from 1813-23.

In the run-up to the 2020 Census, however, Rhode Islanders began to worry that their population growth was not keeping pace with other states, or at least not enough to guarantee the continued existence of its second seat. With the state controlled by Democrats, including the holders of both House seats, a potentially ugly fight was brewing that would determine who would become the standard-bearer when the two districts consolidated.

Alaska’s Gubernatorial Recall Laws After #RecallDunleavy

Election Law Society · February 7, 2022 ·

By: Ellie Halfacre

The only recall petition filed against the state’s governor in Alaska’s history was unsuccessful. When looking at the history of gubernatorial recalls in the United States, this is unsurprising: four governors have faced recall elections, and only two have ever been recalled.

In July 2019, Recall Dunleavy campaign organizers hoped to change that. After one year in office, Alaska Governor Mike Dunleavy used his veto power to cut $444 million from the state’s budget. This move, which would have defunded the state’s university system by 41 percent and reduced Medicaid funding, led to a “political mess” among legislators. In response, Alaskan citizens began a petition campaign to recall Gov. Dunleavy from the governor’s office.