State of Elections

William & Mary Law School | Election Law Society

All Bark, No Bite: How California’s Top-Two Primary System Reinforces the Status Quo

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During the November 6 general election, the state of California saw the effects of one fascinating component of its electoral system:  its top-two open primary.

Over two years ago, California voters proposed and passed Proposition 14, a ballot initiative that drastically reformed the state’s primary system. Prior to Prop 14, California conducted closed primary elections, which meant a voter could only vote for candidates in his own political party. The candidate with the most votes from each “qualified” political party—the Democratic Party, Republican Party, American Independent Party, Americans Elect Party, Green Party, Libertarian Party, and Peace & Freedom Party—advanced to the general election where he would face the candidates who advanced from the other parties. In a sense, the old system guaranteed that a third party or independent candidate could secure a spot on the November general election ballot. [Read more…] about All Bark, No Bite: How California’s Top-Two Primary System Reinforces the Status Quo

Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

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by David Noll, Associate Editor

The people of Puerto Rico have, for the first time ever, voted in favor of statehood in the United States. While all 50 states have citizen petitions to secede from the Union, Puerto Rico has chosen to enter our Union. Puerto Ricans voted against statehood twice in the Clinton administration, a time when a booming U.S. economy would have made statehood very beneficial. The vote for statehood now, in a weak U.S. economy, signals two big changes in Puerto Rico and the U.S.

The general expectation would be that Puerto Rico would want to keep its commonwealth status in weak economic times. In strong economic times Puerto Rico benefits from massive U.S. tourism and the easier it is for people to travel there, the better for tourism. In an economic slowdown, the lower tax rate that can be sustained in a protectorate (especially for the gambling industry) is more important to keep vacations to Puerto Rico cheap. But this would suggest Puerto Ricans should have voted against statehood in the November elections. [Read more…] about Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

Equal Protection Challenge to Virginia’s Felony Disenfranchisement Provision Survives Summary Judgment

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The US District Court for the Eastern District of Virginia on Friday granted the State’s summary judgment motion on substantive and procedural due process challenges to Virginia’s voter reinstatement process for convicted felons, as well as an Eight Amendment challenge to the disenfranchisement of felons as cruel and unusual punishment. The court did, however, deny summary judgment on El-Amin’s Equal Protection challenge of lifetime felon disenfranchisement in Virginia.

Plaintiff Sa’ad El-Amin argues that Virginia’s felony disenfranchisement laws were enacted to discriminate against black citizens. Thus, despite the facially neutral language of Art. II, § 1 of the Virginia Constitution, El-Amin contends that the alleged discriminatory intent makes Virginia voter qualifications constitutionally deficient under the 14th Amendment.

The court’s opinion notes that previous challenges to felony disenfranchisement have not fared well in court; however, none of those cases entailed an inquiry into the specific historical events El-Amin argues support a discriminatory intent behind the laws. According to the court, while felony disenfranchisement is not constitutionally prohibited in the abstract, there is Supreme Court precedent for striking down specific States’ felony disenfranchisement provisions based upon discriminatory motivation for their adoption. El-Amin will have to prove that racial animus tainted the passage of felon disenfranchisement in Virginia—an uphill battle given that the laws were originally put on the books when only white men could vote in Virginia (i.e., could not have been targeted at denying blacks the vote). Still, Virginia’s troubled history of racial discrimination makes its felon disenfranchisement law—one of the most extreme in this country—a bitter legacy.

Two William & Mary Law students, Kate Ward ’13 and Elderidge Nichols ’13 wrote an amicus brief in the case.

I wasnt so much charmed www.essaysolution.net by her as came to understand her better, somehow.

Symposium Report: Conclusions of the “Party Planning” work group with Sec. Scott Gessler and Fairfax County Registrar Cameron Quinn

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by Emily Lippolis, Special Contributor

The biggest problem facing Virginia registrars is a lack of resources. They are understaffed, overworked, and last-minute legislative acts (like mandating ballots in Spanish) mean that they are often burdened with unforeseen changes right before Election Day. Poll workers are well-trained but most experience their first real day of work on Election Day. There is usually not enough money to create data for election statistics at individual precincts. Furthermore, each precinct is different and has their own set of needs.

All of this led our working group on Election Day “party planning” to conclude that what registrars need most are business management-like resources, and not broad solutions to haphazardly apply to every precinct. Most large businesses track their resources so that they can determine how different processes and investments lead to different outcomes. Many large companies, like Walt Disney World and UPS, have already done the research necessary to mitigate many of the issues that create delays at the polls. Some states have already solved the problems facing other states, and just need a medium to communicate their solutions with the rest of the country. If election officials had the same resources used by big businesses to create maximum efficiency  and customer satisfaction, then elections would run a lot more smoothly in Virginia. [Read more…] about Symposium Report: Conclusions of the “Party Planning” work group with Sec. Scott Gessler and Fairfax County Registrar Cameron Quinn

Symposium Report: Scholars, Officials, and Students Discuss Election Flexibility as a Solution to 2013 Election Delays

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by Shanna Reulbach, Special Contributor

The William & Mary Election Law Society hosted a symposium searching for solutions to the delays that occurred on Election Day 2012—those that President Obama directed national attention to during his acceptance speech that night.  The symposium began with small-group sessions that brought scholars, elections officials, and students together to discuss the issues.  I was part of the group focusing on election flexibility options, and had the honor of talking with Dr. John Fortier of the Bipartisan Policy Center and two outstanding Virginia general registrars, Barbra Gunter and Donna Patterson.

The group focused first on two of the “hottest” ideas for voter flexibility: early voting and absentee voting.  Currently, Virginia offers mail-in absentee ballots to voters who are able to select one of a number of excuses for not being present in their precinct on Election Day.  Virginia’s system of in-person absentee voting, which other states may call early voting, also requires an excuse.  Ms. Gunter and Ms. Patterson related that Virginia voters passing through their offices express support of  having more options for early voting through either method.  The registrars agreed that more options for early voting would reduce delays on Election Day because people would likely take advantage of those options, meaning less people coming to the polls on that Tuesday in November.  [Read more…] about Symposium Report: Scholars, Officials, and Students Discuss Election Flexibility as a Solution to 2013 Election Delays