State of Elections

William & Mary Law School | Election Law Society

The Expense of Raising School District Taxes in Texas: A Vignette of Booker ISD

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by Andrew Lindsey

Texans are very hands-off when it comes to taxes. Unlike many other states, Texas has no state personal income tax, property tax, or inheritance tax, and local taxes are not allowed to exceed low percentages of the state taxes that do exist. In addition, all local taxes are subject to further taxpayer protections collectively referred to as “Truth in Taxation” laws, which is a combination of state constitutional and statutory provisions that restrain local governments from raising taxes through accountability mechanisms such as requiring notice of higher tax proposals and the holding of public hearings for citizens to question and oppose proposed tax increases.

School boards are just one of the many kinds of local government entities that Texans support through their taxes. Even if one does not work for a local school or send children there, it is obvious that the maintenance of a public school system is one of the most important (and expensive) government functions for any community. Perhaps for this reason, Texas law treats the process for setting school district tax rates differently than other local tax rates. Truth-in-taxation requirements were expanded for school districts during the 79th Texas legislative session through an initiative originally contained in House Bill 1006, and eventually incorporated into House Bill 1. This initiative both lowered the tax rate that school districts would be allowed to charge in the future, and made it more difficult to increase those rates above what was charged in the preceding year. One component of this increased difficulty (in addition to notice and public hearings) is that school districts must hold a district-wide election for the approval of tax rates which exceed the statutory default rate by a certain amount of cents. If a simple majority of voters support the new tax rate, then the district may adopt it. These elections are known as “tax ratification elections” (or TREs). [Read more…] about The Expense of Raising School District Taxes in Texas: A Vignette of Booker ISD

Hurricane Sandy: A Catalyst to Ingenuity and Accommodation in Voting

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by Aaron C. Carter

With an estimated cost in the neighborhood of $50 billion dollars in damage, Hurricane Sandy ravaged much of the tri-state area causing catastrophic damage.  New Jersey got the worst of the violent storm and its damning effects. Flooding, fires, power outages and gas shortages have changed life considerably for many residents in the Garden State.   Routine activities are no longer routine.  Elected officials and residents have been forced to rethink various aspects of everyday life.  With Election Day fast approaching in the wake of a tragedy of titanic proportion, the time for accommodation and ingenuity arrived by necessity.  Races for New Jersey’s 14 electoral votes, 13 congressional seats, a senate seat and local elections, forced flexibility and adaptation to make sure residents are able to vote and have their voices heard. [Read more…] about Hurricane Sandy: A Catalyst to Ingenuity and Accommodation in Voting

NYC League of Women Voters vs. Sandy & Partisanship: The Triumph of Community Over Mother Nature and the Need to End the Partisan Election Process

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by Brenden Dougherty

The October surprise for the 2012 election cycle turned out not to be a terrorist attack or an extramarital affair, but rather a devastating super-storm that flooded portions of New York City and cut out power to millions of customers.  Many wondered if the damage to the city would cripple efforts to get voters to the polls on Election Day.  However, the League of Women Voters of New York City refused to surrender to the destruction.

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The League of Women Voters of the City of New York is an organization whose goal is to inform citizens about election matters and encourage citizens to vote.  On November 6, 2012, the organization pursued this mission with incredible vigor by assisting those voters affected by Hurricane Sandy.  Members set up a telephone hotline days before the election to answer questions from voters about whether their polling places would be open despite the damage from the floodwaters.  On the day prior to the election, league members answered more than 200 calls, and when the big day finally came, the League of Women Voters kept their phone hotline open from 8 in the morning until 9 at night.  Indeed, the organization was intent on ensuring that every resident in the city knew where to vote and how to get there, with particular emphasis on those without access to the Internet and those who were unable to withstand the heavy call volume coming into the Department of Elections.  As the League’s President Ashton Stewart stated on Election Day, “Our people power is minimal, but we’ve been keeping our four phone lines engaged all day, just letting people know where their nearest poll site is.”  Once the votes had been cast, the league’s work continued, with members traveling to polling locations to report the numbers to the Associated Press. [Read more…] about NYC League of Women Voters vs. Sandy & Partisanship: The Triumph of Community Over Mother Nature and the Need to End the Partisan Election Process

Challenges to Direct Democracy: The Massachusetts Right to Repair Ballot Question

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by Jaclyn Petruzzelli

In an exercise of their democratic freedoms under state law, Massachusetts residents successfully petitioned to have three distinct initiatives posed to voters on November 6th. Of those three ballot questions, two received widespread media attention: (1) the legalization of medical marijuana, which ultimately passed by a wide margin, and (2) the legalization of prescribing medication to end life, which, after passionate debate, was defeated by a relatively small percentage of voters. Meanwhile, results for the third ballot initiative regarding the availability of motor vehicle repair information for independent repair shop owners, more commonly referred to as the “right to repair,” were not so much as acknowledged by major news organizations. However, after receiving strong voter support on Election Day, the right to repair initiative has begun to gain some media attention.

On August 8th, over a month after the deadline was met to have the right to repair initiative placed on the ballot, Governor Deval Patrick signed Bill H.4362 into law. This act “protecting motor vehicle owners and small businesses in repairing motor vehicles” included variations of many of the provisions within the right to repair initiative, all of which had been thoroughly debated between legislators and leaders in the automobile industry; and subsequently were passed with unanimous bipartisan support. Proud of their accomplishments, legislators urged voters to ignore the right to repair ballot question in order to avoid having to reconcile Bill H.4362 with the statute drafted by the citizens. [Read more…] about Challenges to Direct Democracy: The Massachusetts Right to Repair Ballot Question

Missouri Election Round-Up

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Issue 1 – “Lax” Campaign Finance Laws – How did the candidates do? Where does the state go from here?

To better understand the effects of Missouri’s “lax” campaign finance laws, the first part of this blog will explore how the political contributions affected this election cycle as well as describe where the state goes from here in this realm.  In an attempt to affect the outcome of the election, large political donors targeted Missouri because the State has “no limits on [political] contributions and [is] the only state without limits on what lobbyists can donate.”  Rex Sinquefield, a retired St. Louis businessman, has spent over $5 million this election cycle on Missouri state elections, which has caught the attention of major news outlets across the country.  Sinquefield’s spending supported groups and candidates that he hopes will get rid of the State’s income tax.  Sinquefield spent a total of $785,000 on the losing Republican candidates for secretary of state and lieutenant governor, but spent $285,000 on the winning Democrat candidate for the attorney general race.  [Read more…] about Missouri Election Round-Up