State of Elections

William & Mary Law School | Election Law Society

Vincent Gray’s campaign finance slip-ups

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by Neil Gibson

In Washington, DC, embattled mayor Vincent Gray and several members of his 2010 mayoral campaign remain the subjects of a federal criminal investigation regarding the campaign’s alleged violations of city campaign finance laws. Among other things, Gray’s campaign faces a growing body of evidence suggesting attempts by staffers to circumvent the city’s $25 cap on an individual’s cash donations to local political campaigns. In particular, the Washington Post discovered this past July that members of Gray’s campaign had repeatedly sought to disguise solicited cash donations of over $25 by illegally using the donated cash to purchase money orders, whose per-individual contribution limit exceeds that of cash. With D.C. Municipal Regulations calling for the itemization and reporting of all campaign contributions exceeding $15, to surreptitiously transform cash into money orders would enable a campaign to report forbidden cash donations of over $25 as money orders, and thereby avoid statutory penalties for campaign finance violations. [Read more…] about Vincent Gray’s campaign finance slip-ups

Terminating “gerrymander” ghouls with transparency: Massachusetts’s 2012 redistricting approach (Part II)

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by Richard Clausi

In light of Massachusetts’ long and sordid history with the issue of gerrymandering, it came as no surprise when Democratic Representative Michael J. Moran predicted two months ago that certain residents would be skeptical of the state’s recently-released congressional redistricting plans for the 2012 election cycle. However, thanks to the Massachusetts Legislature’s commitment to governmental transparency over the last eight months, it appears that the majority of Bay State citizens are confident that fairness and equal voting rights will prevail next November.

Beginning in March of this year, the Massachusetts Legislature Redistricting Committee (the “MLRC”) was given the difficult task of creating nine new voting districts following the loss of one of the state’s congressional districts due to the 2010 Census results. In light of the state’s failed 2001 Redistricting Act (which was struck down, in part, due to its discriminatory effects on the voting rights of African-Americans), the MLRC took great steps over the spring and summer monthsto ensure that Massachusetts residents were given the opportunity to weigh in on how the district lines would be drawn for 2012. Through the use of multiple public meetings and an extremely informative and accessible website, MLRC Chairman Michael J. Moran and his colleagues hoped that their “open-forum” philosophy would promote the idea that the new 2012 congressional districts would be created with voting equality principles in mind (as opposed to mere incumbency protection in a Democratic-dominated state).  And for now, that philosophy seems to have accomplished its stated objective. [Read more…] about Terminating “gerrymander” ghouls with transparency: Massachusetts’s 2012 redistricting approach (Part II)

Indiana’s confusing record of voter registration

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by Shanna Reulbach

Indiana’s recent history with voter registration is somewhat baffling, to say the least.  The state seems to swing like a pendulum between liberal and conservative measures and priorities, and compliance and defiance of federal mandates that extend the availability of registration materials to new populations.  An illustrative juxtaposition would be that the rhetoric of voter fraud is often at the forefront of Indiana election debates, yet the legislature authorized online voter registration in 2009, when many viewed the use of computer technology as enabling fraud.

The first subject that comes to any election law junkie’s mind in discussing Indiana’s election code is the state’s voter ID requirement and the U.S. Supreme Court’s upholding of the law in its 2008 decision, Crawford v. Marion County Election Board.  In that case, Indiana asserted a governmental interest in preventing voter fraud at the polls, pointing to its “unusually inflated list of registered voters” as a major source of concern.  While Crawford was not centered on voter registration, the state’s arguments reveal a lack of confidence in the voter registration process’ ability to prevent fraud.

Fast-forwarding to this past year, two other events mark the voter registration debate.  First, in March, a grand jury indicted Secretary of State Charlie White with three counts of voter fraud: “filing [a] fictitious registration,” “voting where not registered,” and “fraudulent registration.”  White was registered at his ex-wife’s home and voted in that district, even though he had moved away.  Ironically, the Secretary of State serves as the chief election officer.  The Indiana Recount Commission determined that White was eligible to run for that office, but he is still awaiting his criminal trial.  This scandal has shined a spotlight on registration issues, but fraud has not been the rallying point.  All of the parties involved with the accusations, White, his Democrat opponents, and the Commission, agree that registration residency requirements have to be liberalized to account for nontraditional living configurations. [Read more…] about Indiana’s confusing record of voter registration

News Brief: Another California redistricting victim

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by Brett Piersma

In September, this blog reported on the impact of a California initiative to create a citizen-panel to draw the new electoral districts. The commission’s efforts resulted in more competitive districts, with additional unintended consequences likely to follow such as more expensive campaigns relying on wealthy donors. On the other hand, more competitive districts are likely to draw more moderate candidates into the race, at least so goes the theory.

The Los Angeles Times reported in January that Elton Gallegly, the subject of our September piece, had chosen not to run for reelection. For some, this came as no surprise. A long-time representative earning reelection with big margins, Gallegly would certainly have carried his pre-redrawn district. But the commission’s actions placed Gallegly’s home in the same district as another popular Republican, Howard “Buck” McKeon. It does not require a top-dollar campaign advisor to calculate his chances of election in this new district, or in the new districts surrounding.

How his retirement will affect both California’s and the Republican Party’s clout in the House is uncertain, but not difficult to imagine. Gallegly not only chaired the Subcommittee on Immigration Policy and Enforcement and vice-chaired the Committee on Foreign Affairs, but OpenSecrets.org reported in January on his significant connections with pharmaceuticals, finance, and real estate corporations.

Gallegly joins a long string of representatives retiring at the end of this term, many of whom are stepping down at least in part due to redistricting in their states.

Brett Piersma is a third-year law student at William and Mary.

permalink: http://stateofelections.pages.wm.edu/2012/02/16/news-brief-ca-redistricting-victim/

 

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Attempts to shine light on the dark side of politics

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by Jamel Rowe

Corruption—the dark side of politics— is a problem that legislatures and the general public have been battling since the creation of the United States government. Recently, Pennsylvania made the eradication of corruption in judicial elections its primary goal by introducing House Bill 1815 and House Bill 1816 to the General Assembly.

In Pennsylvania, candidates for the appellate and trial court must run in partisan elections and, consequently, must affiliate themselves with a particular party. Then they must be elected by popular vote. Proponents of judicial elections support the system because they believe it promotes accountability. They argue that judges, who routinely make policy decisions, are in essence legislators.  As a result, judges should be held accountable to the public just like legislators; if they fail to live up to their campaign promises, the public should have the ability to oust them from office. [Read more…] about Attempts to shine light on the dark side of politics