State of Elections

William & Mary Law School | Election Law Society

Is a “Top 2” Primary in Arizona on the Horizon?

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by James Adam

Come November, voters in Arizona will have the opportunity to drastically alter their election law. If passed, Proposition 121, the “Open Elections/Open Government Act,” will constitutionally eliminate politically affiliated primary elections. The new scheme will allow primary voters to vote for any candidate they wish, regardless of party registration. Although not a requirement, this new law will give voters the option of writing on the ballot their party affiliation when they cast their vote.  Currently Arizona has closed primaries, and voters are allowed to vote solely within their own registered party. If Proposition 121 passes, a primary between all the candidates will occur, and voters will be entitled to vote for whichever candidate they prefer. The two candidates acquiring the most votes will subsequently be placed on the general election ballot. Therefore, it is possible for a scenario where two Republicans gain the most votes in the primary, so both of their names appear on the final general election ballot.  There would thus be no Democratic or third party options. Current examples of states using the top-two primary format include Washington and California. [Read more…] about Is a “Top 2” Primary in Arizona on the Horizon?

Double Dipping? Kentucky Redistricting Plan Creates Dual District Voting

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Every two years voters from around Kentucky flock to their precincts to select their member for the United States House of Representatives. As a result of months of candidates’ television and print ads, most voters know the number of their district. However, this year on November 6th when Kentuckians from Bath, Fleming, Harrison, Nicholas, Robertson, and Scott counties open their ballots they will find candidate choices in two different congressional districts. Their ballots will look similar to this one, in that it will list a special election for the 4th Congressional District and a general election for the 6th Congressional District. Such an election peculiarity is not a print mistake by the State Board of Elections. Rather, the cause of this dual district voting is both Kentucky’s new redistricting plan and Representative Geoff Davis’s resignation from Congress.     [Read more…] about Double Dipping? Kentucky Redistricting Plan Creates Dual District Voting

Emergency Managers: An unconstitutional power grab or necessary evil?

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by Lauren Fibel

When a city or school district is unable to pay their bills, and a state’s credit rating is in jeopardy as a result, what options do states have? On November 6th,  Michigan voters will decide the fate of Public Act 4, which Governor Rick Snyder signed into law in March of 2011. Public Act 4 allows the state government to appoint emergency managers for those cities or school districts who are in danger of defaulting on their obligations. Controversially, these emergency managers can act in place of the elected government officials and are allowed to act in what they determine is the best manner for the city. Emergency managers are allowed to renegotiate or terminate the school district’s or city’s contracts, sell city or school district property, acquire debt to be paid back by tax payers and even determine what services and expenditures the city will continue to provide. Currently, more than three cities and two school districts in Michigan are governed by emergency managers, yet some citizens feel that this type of appointment is an unconstitutional power grab.  [Read more…] about Emergency Managers: An unconstitutional power grab or necessary evil?

Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

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by Pamela Kalinowski

In July 2011, the Indiana state legislature passed a law that allows citizens to openly carry firearms at all polling places except for schools and courthouses. This law has been praised as a protective measure of a citizen’s right to bear arms and exercise self-defense. For many states, this kind of law would present enough difficult policy questions all on its own, but it raises
particularly charged issues for Colorado, a state that has found itself a consistent subject of both the election and gun debates.

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Two of the most deadly, high-profile shootings in U.S. history have occurred in Colorado–the Columbine and Aurora shootings, the most recent of which occurred this past summer–and have sparked renewed gun control debates. Even more recently, Colorado’s active Secretary of State, Scott Gessler, was involved in a controversial “voter purge” when his office “sent letters to nearly 4,000 people questioning their citizenship as part of a plan to have them voluntarily withdraw or confirm their eligibility to vote” (Huffington Post). Colorado democrats claimed that Secretary Gessler attempted to intimidate or disenfranchise voters, thousands of whom proved to be state citizens. With recent events concerning both gun control and voter intimidation, should Colorado adopt an Indiana-like law and guarantee citizens the right to openly carry firearms at polling places across the state, overriding any local laws that prohibit the practice? [Read more…] about Voting at Gunpoint: Should Colorado Allow Firearms at Polling Places?

Sticker Candidates in a Technological Age: The Case of Massachusetts

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by Jaclyn Petruzzelli

Robert Fennel has been the State Representative in the 10th Essex District in Massachusetts for the past 18 years. In September, he won the primary handily, receiving nearly 90% of the vote. While this scenario is not unique among incumbents across the nation, what makes the story of the 10th Essex County race interesting is that sticker candidate Gardy Jean-Francois earned the other 10% of the votes via write-in. [Read more…] about Sticker Candidates in a Technological Age: The Case of Massachusetts