State of Elections

William & Mary Law School | Election Law Society

A Vote for [Candidate] is a Vote for Slight Changes to Regulations!

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The sheer number of elected officials is a unique factor of the American political system. Jobs that would be filled by civil servants or via appointment in other countries are chosen by the voters. There is something appealingly ‘American’ about such an arrangement; the idea that the democratic values of accountability and popular will should be extended to as many corners of our society as possible. That said, some of the things we know about Americans and elections should give us pause when it comes to filling technical and low profile jobs via the ballot.

It’s a well-known, but still unfortunate, truth that the Presidential elections every four years are high water marks when it comes to voter participation. When one starts going down the list—Congressional elections, Gubernatorial elections, State Legislative elections, and local elections—voter interest, attention, and participation wane at each step. Even in Presidential elections, where turnout is highest, often voters are only voting for many of the offices on the ballot because, well, if you’re already in the voting booth, why not? [Read more…] about A Vote for [Candidate] is a Vote for Slight Changes to Regulations!

The Nightmares from Bridgeport

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As the November election entered the early afternoon, poll workers in the City of Bridgeport, Connecticut began to notice something strange.  With many hours of voting left, there was an unusually small amount of ballots remaining. Those concerns quickly turned to nightmares as precincts all across the city ran out of ballots. Confusion and tempers grew as fast as the lines voters were forced to stand in.  People began to turn away without voting, their civic duty inaccessible.

Registrars were told by the Secretary of State to photo copy ballots at the city print shop.  They began delivering the needy precincts packets of 100 ballots at a time. People who waited were given the opportunity to vote on a photocopied ballot. The State’s Democratic Party sued the City for not providing enough ballots and asked for immediate action. Superior Court Judge Marshall K. Berger, Jr. made the ruling that the polls at 12 precincts would remain open until 10PM, two hours beyond the normal closing. During this extra time about 500 votes were cast. [Read more…] about The Nightmares from Bridgeport

Sitting Down with Washington’s Director of Elections

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I recently had a chance to have an email conversation with Nick Handy, Director of Elections under the Secretary of State for Washington.  With a dedication to public service and a knack for handling tough situations with sensitivity, Mr. Handy has served Washington well and entered a well-deserved retirement at the end of 2010.

Could you tell us a little bit about your background?  What prepared you to be Director of Elections?

I am perhaps an unconventional appointment to an Elections Director position in that I had no experience in elections management prior to the appointment.

I was a long time personal and political friend of the Secretary of State.  I had 30 years experience in senior management in state and local government working in areas of high controversy and political scrutiny.  These included open government after Watergate, natural resource management during the spotted owl and endangered species debates, and oil spill preventing after Exxon Valdez. [Read more…] about Sitting Down with Washington’s Director of Elections

Weekly Wrap Up

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Voter fraud by the Chief Election Official?: Charlie White, the Indiana Secretary of State, is being investigated by a grand jury to determine if he committed voter fraud during the May 2010 primary. White is accused of intentionally voting at the wrong precinct, a potential felony.

Misspellings can count: The Alaska Senate unanimously passed a bill on February 14 clarifying procedures for counting write-in ballots. The bill, a response to the highly-contested 2010 election of write-in candidate Lisa Murkowski, allows votes that misspell the candidates name to count. The bill now moves to the Alaska House.

$2,500 recuses a judge: Elected judges in New York will no longer be allowed to hear cases where a lawyer or party has made contributions to his/her campaign in excess of $2,500 in the last two years. The decision, a new rule announced by the state’s chief judge, is designed to curtail the effects of money in judicial politics and will take effect after a 60-day comment period.

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Oklahoma Voter ID Plaintiffs Begin a “Lonely Crusade”

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When the red clay dust settled after this month’s elections in Oklahoma, nearly seventy five percent of voters had said “yes” to State Question 746, which proposed amendments to the state’s voter identification requirements.  As a result, beginning on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board free of charge.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements apply to all in-person voting, including in-person absentee voting.  Any voters who can not present acceptable identification may cast a provisional ballot. [Read more…] about Oklahoma Voter ID Plaintiffs Begin a “Lonely Crusade”