State of Elections

William & Mary Law School | Election Law Society

Rumble Because of the Jungle: How the “Jungle Primary” has Lead to a Vicious Same Party Battle for a Congressional Seat

· ·

by Erica Woebse

In the contemporary era of American politics, Congressional races tend to be bitter partisan battles waged between one Republican and one Democratic candidate.  Third parties operate peripherally, typically only able to bring up issues for the major party candidates to address or maybe steal votes away from one of the major partisan contenders.  However, this has not been the case in the congressional race in district 3 of Louisiana.  In district 3, a vicious battle between two Republican incumbents forced the opposing Democratic candidate into the role so often reserved for third party contenders.

The November 6th election resulted in incumbent Republican Representative Charles Boustany winning 45% of the vote, while opposing Republican incumbent Jeff Landry, with strong support from the Tea Party and conservative Republican groups, captured 30%.  As dictated by the terms of Louisiana’s jungle primary system, because neither candidate captured a majority of the vote, these Republicans will be forced to square off again in a December 8th runoff election.  Many political commentators blame Democratic candidate Ron Richard for the need to hold a run-off election.  While Richard was an underdog to win the seat, the 24% of the vote he earned stole votes from the Republican frontrunners and prevented either Republican candidate from capturing a majority of the votes.    [Read more…] about Rumble Because of the Jungle: How the “Jungle Primary” has Lead to a Vicious Same Party Battle for a Congressional Seat

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

· ·

by Nathan Yu

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

There’s No Place Like Kansas: Redistricting School Science Standards

· ·

by Katherine Paige

Tornado season may be over, but the run up to the 2012 election kicked up a quite a storm in Kansas.

From an investigation into President Obama’s citizenship launched by the Secretary of State in response to a petition challenging the President’s place on the election ballot, to a federal appellate court ruling upholding the state’s system of tracking party affiliation, the months leading up to the general election were wrought with political and legal controversy. Incidentally, November was the first major election since the state’s enactment of a controversial voter identification law in 2011. Despite these challenges, it is the new state districting maps, released in June by a three-judge federal court panel, that will likely prove to be the biggest game changer for some this election. [Read more…] about There’s No Place Like Kansas: Redistricting School Science Standards

The Changing Face of Elections Technology in New Jersey: An Interview with Paula Sollami Covello, County Clerk, Mercer County, New Jersey

· ·

by Melanie Walter

On October 19, 2012, I had the opportunity to speak with Paula Sollami Covello, the County Clerk in Mercer County, New Jersey. She is responsible for ballots, positioning on the ballots, and Election Day counting of returns. She was first elected to this office in 2006.

Mrs. Covello described the three offices responsible for running elections. “The Clerk’s office draws the ballots and positions. We also print the ballots, and prep sample and print and issue vote-by-mail ballots…The Clerk’s office also counts votes on Election Night.” She also described the roles of the other two offices, “The Superintendant of elections deals with voter registration… The Board of Elections is a bipartisan board, two Democrats and two Republicans. The Board counts all the vote-by-mail ballots. They are also in charge of polling locations and training poll workers.” Mrs. Covello expressed faith in this process, saying that this three-office system “provides good checks and balances. There are multiple offices with responsibilities, and it functions in a bipartisan way. The County Clerk is elected, but the staff is all civil servants, and the Superintendant is from one party, but the deputy Superintendant is from the other major party.” [Read more…] about The Changing Face of Elections Technology in New Jersey: An Interview with Paula Sollami Covello, County Clerk, Mercer County, New Jersey

Is there a Religious Exception for Voter Discrimination? New York’s Hasidic Community and Community Council Elections

· ·

Earlier this year, The New York Times published an article describing the requirements for voting for the leadership of the Crown Heights Jewish Community Council in Brooklyn. The requirements are the following:“Jewish and religiously observant residents of Crown Heights, married, previously married or at least 30 years old, male.” The article raises the question of constitutionality of the gender discrimination in this policy, which I would like to explore further in this blog post.

The Crown Heights Jewish Community Council is described as a “social service agency” and receives annually about $2 million in government grants. Their service to the community includes distribution of food stamps and housing subsidies. While the council includes the word “Jewish” in its name and requires that voters for its leadership are “Jewish and religiously observant,” it is not a religious organization. The council’s reasons for not allowing women to vote for its leadership have ranged from female modesty to “marital tranquility”, to claiming that the discrimination against women is in fact a “one couple/one vote” rule. This specific community council has changed its policy since the publication of the article, but this is just one Hasidic community in a state that boasts the largest population outside of Israel. Hasidic Jewish communities can be found throughout Brooklyn and the “Borsht Belt” in upstate New York. This issue may come up again as more Hasidic women challenge policies that leave them disenfranchised in their own communities. [Read more…] about Is there a Religious Exception for Voter Discrimination? New York’s Hasidic Community and Community Council Elections