State of Elections

William & Mary Law School | Election Law Society

North Dakota’s new voters

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by Thomas Joraanstad

In these difficult economic times, unemployment in the United States continues to hover around 9%. There is one place that has seemingly avoided the recession completely. In fact, this state is booming with jobs. The state is North Dakota. With new technology being developed in the oil and gas industry, oil reserves in the Bakken Formation once too difficult or expensive to tap are now being drilled at a furious rate. The unemployment rate in North Dakota is now around 3.5% as the state tries to keep pace with growth. Although North Dakota’s population grew only a modest 4.7% from 2000-2010 (compared with a nationwide average of 9.7%), the oil boom is a recent phenomenon, and the true population effects are still unknown.  In Williston, North Dakota, a town at the heart of the oil boom, the population grew 17.6% (to 14,716) during the same time period. Since the census, the population of Williston is now estimated to be around 20,000, a 60% increase since 2000. This population growth could have a major impact in the upcoming election in 2012.

With longtime incumbent Kent Conrad (D) set to retire, the seat will be open for the first time since 1987. When Conrad announced his retirement in January, most political commentators viewed this as a likely win for the Republicans. Although North Dakota has had at least one Democratic senator in office since 1982, North Dakotans are generally conservative, do not support President Obama (his approval rating is in the 30’s), and lean Republican. However, the influx of new citizens has given the Democrats hope in the upcoming elections. [Read more…] about North Dakota’s new voters

Politics and pictures: Rhode Island and its new voter ID law

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In elections past, Rhode Island has not required photo identification for a ballot to be counted. However, with the passage of a new law the state has at least superficially joined the ranks of states which have approved legislation that will hamper the voting rights of its most vulnerable citizens. Yet the truth may not be so simple. Rhode Island’s law is less restrictive and more benign than legislation passed by other states which may explain the unique politics behind the passage of RI’s new photo identification bill.

The law will be implemented in two stages. “The first stage will require non-photo ID beginning Jan. 1, 2012. The second stage will require photo ID beginning Jan. 1, 2014.”

For the upcoming 2012 election, voters are able to vote by establishing their identity through possession of forms of ID that do not have their photo, “including without limitation”: a birth certificate, social security card, or government-issued medical card. The language “without limitation” can reasonably be construed as meaning that “any current photo identification that includes the name and photograph of the voter will be accepted.” [Read more…] about Politics and pictures: Rhode Island and its new voter ID law

When is state law not enforceable?

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Texas awaits DOJ approval for its new voter photo ID law.

by Daniel Carrico

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up.

Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas. [Read more…] about When is state law not enforceable?

Should military members who did not vote in 2010 receive a ballot?

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by Wesley Moore

It may sound like a simple issue, but Colorado is currently in an uproar over this issue. The City of Denver had been planning to send mail ballots to all registered voters, including inactive military voters. In response, Republican Secretary of State Scott Gessler made the controversial move of filing suit against the city, arguing that Colorado law only allows localities to mail ballots to those on the active voting list. The full complaint can be found here. Because the election is mere weeks away, John Tomasic of The Colorado Independent notes that this new directive seems likely to effectively disenfranchise the effected soldiers.

Colorado law requires ballots to be sent out to all active registered voters, but it does not explicitly prohibit county clerks from being more proactive. According to The Daily Sentinel, Mesa County Clerk Sheila Reiner argued that counties should be able to do more if they wish. “I had made a decision early on not to include the inactive voters because it wasn’t required,” Reiner said. “But I have to agree with the Denver County clerk and recorder that the statute requirements are only a minimum, and in many areas clerks often go over and above depending on the needs of their counties.” [Read more…] about Should military members who did not vote in 2010 receive a ballot?

Open Up Elections With Proportional Voting

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guest blog by Elise Helgesen and Rob Richie of FairVote

The battle over legislative redistricting in states around the country this year provides strong evidence of the failure of winner-take-all elections in single-member districts in modern America. In these districts huge numbers of people will, by design, be left feeling that they are without meaningful political representation – and without a realistic chance to change it.

Although seen as the norm in the United States, winner-take-all elections invite computer-facilitated partisan gerrymandering. The power to gerrymander districts is grounded in the simple fact that, given most voters’ strong opinions about the two major parties, outcomes are predictable in any district that leans more than 55% for one party. That makes it easy to make seats “safe,” especially given natural differences in voter opinion in different areas [Read more…] about Open Up Elections With Proportional Voting