State of Elections

William & Mary Law School | Election Law Society

In Utah, Organization Makes Voting a Primary Concern

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by James Devereaux, Contributor

In a state that is largely dominated by a single party, with a majority of the state voting in the Republican column, primary elections carry more significance than the general elections.  With only one of the four congressional districts being held by a Democrat, Jim Matheson, and the two U.S. Senate seats belonging to the Republicans there is little variation in the political makeup of the congressional seats. Only the seat held by the Democrat was close enough for the general election to matter.  [Read more…] about In Utah, Organization Makes Voting a Primary Concern

Colorado Recall Election Highlights Voter Suppression

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Last month, two state senators lost their positions in hotly contested recall elections. As well as bringing further attention to the ongoing national gun debate, it these elections also highlighted claims of voter suppression. A major concern came from District Judge Robert McGahey’s ruling allowing two Colorado Libertarians on the recall ballot. The effect of this ruling in essence meant that Colorado voters could no longer use mail-ballots to a cast a vote in this election, despite the fact that the General Assembly passed House Bill 13-1303 in early August. [Read more…] about Colorado Recall Election Highlights Voter Suppression

Panning for Gold: Is Colorado’s New Election Law All Grit?

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by Forrest Reilly, Contributor

Coloradoans like voting. Colorado had the third highest voter turnout in the country during last year’s election, with seventy-one percent of its voting-eligible population casting ballots. Republicans and Democrats alike praised the smooth, efficient election process. Nonetheless, in the wake of the election the Colorado legislature passed a bill designed to further streamline and modernize Colorado’s elections. In broad strokes, the new law allows voters to register in person until election day, all ballots are delivered to voters through the mail, and voters who skip a general election will no longer face additional obstacles to voting – such voters were previously termed “Inactive Failed to Vote” (IFTV), but that designation is now defunct.  IFTV voters in previous years had to specially request that they receive their mail ballot or they would not receive one; the courts effectively suspended this provision last year when a judge threw out the Colorado Secretary of State’s suit filed against Pueblo County Clerks to enjoin them from sending unsolicited ballots to IFTV voters. [Read more…] about Panning for Gold: Is Colorado’s New Election Law All Grit?

California Court Grapples With Racially Polarized Election

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by Nandor Kiss, Contributor

In the Northernmost part of Los Angeles County sits the Antelope Valley and the city of Palmdale, California. Incorporated in 1962, the city has had only one non-white member of its city council in the entirety of its history. This is despite the fact that the 2010 census reported the city’s demographic breakdown as 55% Latino, 15% African-American, and only 25% non-Hispanic white. [Read more…] about California Court Grapples With Racially Polarized Election

Paper Trail: South Carolina’s Problematic DRE Voting Machines

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by Austin Graham, Contributor

Last November, Richland County residents seeking to participate in local elections encountered an unanticipated hindrance at polling stations: stagnant lines of voters unable to cast their ballots because of malfunctioning voting machines. The lines reportedly were so outrageous that some residents had to wait upwards of seven hours to vote. Many voters grew impatient and left polling stations without submitting a ballot. Moreover, the disarray was hardly confined to election day. In the week after polls closed, a court-ordered recount of the election results sparked a back-and-forth legal battle between Democrats and Republicans over whether a local or statewide election agency should be tasked with tallying the votes in the recount. The dispute was not settled until the South Carolina Supreme Court intervened, and nearly two weeks elapsed before the election results were finalized. [Read more…] about Paper Trail: South Carolina’s Problematic DRE Voting Machines