State of Elections

William & Mary Law School | Election Law Society

Want to be Lieutenant Governor of Virginia? Vote Romney

· ·

by Elizabeth Turner

Should Governor Mitt Romney win the presidency in the November election, one of Virginia’s three statewide elected offices could be filled by gubernatorial appointment.

Although Virginia Governor Bob McDonnell was overlooked as Romney’s running mate, the buzz over a McDonnell move to Washington is not over. Rumor is that McDonnell could receive a cabinet position should Romney win the November election. Possible positions include Secretary of Transportation, Secretary of Commerce, or even Attorney General. [Read more…] about Want to be Lieutenant Governor of Virginia? Vote Romney

Geaux Vote (or Don’t): Exploring the Excessive Number of Louisiana Voters on the State’s Inactive Voter List

· ·

by Erica Woebse

In a state of four million people and two million registered voters, Louisiana lists a staggering 190,848 registered voters on the state’s inactive voter list. Called “notably high” by Times-Picayune Reporter Bruce Alpert, this number has sparked controversy and left residents wondering how and why almost ten percent of Louisiana registered voters are classified as inactive.

Karen Carter Peterson of the Louisiana Democratic Party fears people are being stripped of their right to vote without adequate notice. This fear echoes a larger national controversy regarding voter ID laws and the right to vote.  While Republicans allege new voter ID laws protect the integrity of elections and root out voter fraud, Democrats claim new laws, which require voters to show state issued IDs and purge inactive voters from election polls, are intended to discourage minorities and low income individuals from voting. [Read more…] about Geaux Vote (or Don’t): Exploring the Excessive Number of Louisiana Voters on the State’s Inactive Voter List

Changes Afoot in Ohio: A Conversation with Jennifer Brunner

· ·

By Allison Handler

Jennifer Brunner was elected in 2006 and served a term as Ohio’s first female Secretary of State. During that time, she oversaw the contentious 2008 presidential election and implemented voting practices that allowed a record turnout of voters to cast their ballots. In 2010, she ran in the primary election for the United States Senate. She currently practices law in Columbus and is the author of a new book, “Cupcakes and Courage”.

Ohio is facing several voting-related challenges this election cycle, from early voting to provisional ballot disputes. What are some other election practices that worry you?

Jon Husted recently issued a directive that if someone fills in the wrong information on an absentee ballot, the only way the voter can be reached regarding the mistake is through a letter in the mail. Even if the voter gets notice of the mistake in time to correct it before the election, they can only make the correction by filling out a specific form.

The priority instead should be to make sure everyone’s vote counts. What if there is a mistake then made on the form? Of course it is important to get the correct information. But there are so many pitfalls to correcting mistakes by mail with tight deadlines. And now the only way to notify voters of mistakes is by mail, so there will likely be many mistakes that may not be corrected and may prevent votes from being counted. Husted would have been better doing nothing than issuing that directive. [Read more…] about Changes Afoot in Ohio: A Conversation with Jennifer Brunner

Making Moves toward the Middle? The effects of California’s efforts to create a less partisan primary in 2012 elections

· ·

By Erica L. Clark

In 2010 California passed Proposition 14 (Top Two Primaries Act), an initiative expected to increase Independent Party participation by changing the structure of primary elections to discourage partisanship and deadlocks. Though other states, like Louisiana, have relied on a similar system, as Sam Robinson notes, the system is not without controversy. The new “open primary” system allows candidates to omit their party affiliation from the ballots and selects the top two candidates with the highest number of votes, irrespective of their affiliation, to participate in the general elections. While opponents of Proposition 14 believed this would restrict voters’ choice, proponents were hopeful that the measure represented a major step toward creating a more moderate state government less stifled by strictly partisan deadlocks. The question is: Since the act took effect in the 2012 primaries, will it produce a more moderate result for California state offices in the general election? [Read more…] about Making Moves toward the Middle? The effects of California’s efforts to create a less partisan primary in 2012 elections

Former Chief of the DOJ voting section visits William and Mary

· ·

Last week John K. Tanner visited William and Mary Law to talk to students about his 40+ years of experience in election law. Mr. Tanner is the former Chief of the voting section of the DOJ, having joined the section in 1976. Most recently, Mr. Tanner represented the Texas Legislative Black Caucus in the recent Texas redistricting suit.

Mr. Tanner met with students to discuss the complicated issues behind the Texas redistricting plan and the subsequent law suits. The suit represented by Mr. Tanner, along with similar suits filed, led to the Supreme Court’s approval of a federal court drawn plan late last month. Redistricting in Texas was taken out of the hands of the legislature after protests that the plan unlawfully discriminated against minorities. [Read more…] about Former Chief of the DOJ voting section visits William and Mary