State of Elections

William & Mary Law School | Election Law Society

HI (ballot access): Gotta be in it to win it: Ralph Nader loses Hawaiian ballot access challenge

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by Anthony Balady

Ralph Nader may be accustomed to losing elections, but it takes a special kind of talent to lose before the first ballot has been cast. But that is just what happened back in 2004, when Hawaiian election officials kept independent presidential candidate Ralph Nader off the state ballot for failing to meet that state’s ballot access requirements.

Ballot access is a catch-all term for the requirements a candidate must meet before their name can appear on the ballot. Generally, a candidate is required to demonstrate a minimum level of support before the state will start printing ballots with their name on it. Ballot access laws vary significantly from state to state, but one thing is almost universally true: candidates from major parties, Republicans and Democrats, have a much easier time getting on the ballot than independents and third-party candidates. [Read more…] about HI (ballot access): Gotta be in it to win it: Ralph Nader loses Hawaiian ballot access challenge

All states (IRV): The courts got it right: recognizing that instant runoff voting makes every vote count

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by: Guest Contributor Elise Helgesen


This November, Instant Runoff Voting (IRV), also called ranked choice voting, will be used for fiercely contested elections for mayor in San Francisco (CA), Portland (ME), and Telluride (CO) as well as for city council elections in St. Paul (MN) and Takoma Park (MD). IRV is also used abroad: Ireland will elect its president with IRV this month, and London will use IRV for mayoral elections in 2012. As recommended by Robert’s Rules of Order, more than 50 American colleges and universities now elect their student leaders with IRV.

With IRV, voters get one vote and one ballot, but get to rank candidates in order of preference. If no candidate wins with a first-choice majority, the candidate with the fewest votes is eliminated and their supporters’ second choices are added to the totals of the remaining candidates in an “instant runoff.” The process of elimination and redistribution continues until one candidate has a majority. [Read more…] about All states (IRV): The courts got it right: recognizing that instant runoff voting makes every vote count

SC (voter id): “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.”

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by Sheila Dugan

On May 11, 2011, the South Carolina General Assembly passed Act R54.  The new law would require individuals to present photo identification to vote. Governor Nikki Haley signed the bill a week later. The Department of Justice has yet to pre-clear the new law, stating that it needs proof from South Carolina that Act R54 would not disenfranchise voters. Valid forms of identification include a South Carolina driver’s license, a passport, military identification, a voter registration card with a photograph, or another form of photographic identification from the Department of Motor Vehicles (DMV).

Chris Whitmire, Director of Public Relations and Training at the South Carolina State Election Commission (SCSEC), spoke to me about the preparations taking place if the law is pre-cleared. These preparations include training county election officials, notifying registered voters without proper identification through direct mail, and a social media campaign about the new law. The General Assembly allocated $535,000 to the SCSEC for the voter education campaign and the creation of new voter registration cards that contain a photograph of the voter.

Registered voters would be able to obtain the new voter registration cards with the same documents they now use to register to vote (these include a photo ID or documents like a utility bill or pay stub with their address printed on it.) This makes the new identification easier to obtain than other government-issued forms of identification.  Another unique feature of the new card is that it will not expire. [Read more…] about SC (voter id): “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.”

NY (redistricting): New York on the clock to redistrict

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by Alex Custin

New York faces a few interesting challenges in this round of redistricting. First, a law passed last year now requires inmates to be counted in the district they’re from rather than where they’re imprisoned. Second, New York is losing two congressional districts. Third, the governor has threatened to veto any redistricting plan that’s a political gerrymander. Finally, the requirement that military absentee ballots be sent out 45 days before the election means that New York has to hold its primaries earlier than usual, and the district lines have to be determined before then. The combination of these challenges means that New York has to redraw more district lines than it otherwise would and that it has to get its act together soon in order to have a plan in time.

The first challenge will affect both districts where prisons are located and districts from which the inmates came. Since population is the usual number used in order to draw district lines, districts with prisons will have to increase in size to remain equally populated and the districts that produce large numbers of inmates will have to shrink. [Read more…] about NY (redistricting): New York on the clock to redistrict

WI (voter id): Badger ballot blues: early issues with Wisconsin’s voter ID law

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by Chris Lewis

Could Wisconsin soon be the center of another political controversy?  A test run of the state’s new voter identification law on Oct. 11 led to long lines and frustrated voters, which could cause state Democrats to amplify their attacks on a law they already claim is costly and intended only to suppress voter turnout. State Republicans have expressed strong support for the law since its passage in May, and have expressed no desire to make any changes before it takes full effect before February’s primary elections.

Madison City Clerk Maribeth Witzel-Behl called for the mock election after noticing irregularities during July’s State Senate recall elections. Poll workers in those elections were instructed to request voters’ identification even though it was not yet required.  Witzel-Behl indicated that the workers were inconsistently following this instruction.  Following Tuesday’s mock election, Witzel-Behl estimated that it took each voter two minutes to present identification and sign the poll book, a standard she found “very alarming.” She also noted that several people left the line due to the long wait. [Read more…] about WI (voter id): Badger ballot blues: early issues with Wisconsin’s voter ID law