State of Elections

William & Mary Law School | Election Law Society

Weekly Wrap-Up

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Fox News wants to make sure their viewers know they don’t endorse Democrats. The network has sued Democratic Senate candidate Robin Carnahan for copyright violations based on a campaign ad. Fox News wants to ensure that the public knows the network has not endorsed a candidate in the Missouri race and says the ad, which shows Chris Wallace interviewing Carnahan’s opponent about allegations that he acted improperly while in Congress, makes it appear that Wallace is speaking on the side of the campaign. The suit is considered by some experts to be the first case where a media outlet has sued a political campaign over copyright violations. There are also concerns that this is not a true copyright concern because, according to copyright lawyer Ben Sheffner, copyright disputes are about revenue not reputation damage. The ad has been pulled from the web and YouTube, but is still airing on television. The case is currently pending in federal courts.

Dreaming of a Third Party? Libertarians in Georgia are dreaming of a permanent place on the ballot. Their gubernatorial candidate, John Monds, is polling at 9% while the Republican candidate, Nathan Deal, continues to have financial problems. If Monds can capture over 20% of the vote, the Libertarians will be considered a “political party” under state election law, allowing them to hold primary elections and be guaranteed ballot access in future races. In the past, no Libertarian candidate for governor has surpassed 4% of the vote. Read about it here.

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Meet the New Editors!

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If you have followed State of Elections from the beginning, you may have noticed a sudden upturn in quality over the past couple weeks. You are probably saying to yourself, “I know the current editor-in-chief, though handsome, isn’t remotely competent. What gives?”

Well, “what gives” is that State of Elections has a brand new editorial board. 1Ls Amelia Vance, Amanda Lowther, and Kelci Block will be taking the reins of the site and handling most editorial duties from here on out.

Here’s some information about the new editors.

Amelia Vance graduated magna cum laude from McDaniel College in Maryland. While attending McDaniel, Amelia was Head Delegate for McDaniel’s Model United Nations team, co-president of Allies (McDaniel College’s Gay-Straight Alliance), and participated in Model European Union and the McDaniel College Departments of Theatre and Music. She also worked full time for the Obama campaign in Michigan and North Carolina in fall 2008, and interned with the U.S. State Department and Michigan Representative Sandy Levin. Amelia plans to work in the federal government after law school.

Amanda Lowther is originally from Orlando, Florida, although she spent parts of her childhood in rural Alabama and living as an ex-pat in Ulsan, South Korea. She graduated in 2010 from University of North Florida in Jacksonville, Florida, with a B.A. in history, minoring in mass communication and education. Amanda was a member of the University Chorus at American University (where she spent her freshman year) and sang for then-President Bush (and on national television) for TNT’s Christmas in Washington program. At UNF, Amanda was a charter sister and eventually president of the Gamma Chapter of Theta Alpha, a Christian sorority. Amanda was inspired to come to law school by her Media Law and Ethics professor at UNF, who sparked her interest in the First Amendment and other issues in the laws governing media outlets.

Kelci Block went to University of Central Florida for undergrad, where she majored in political science and minored in middle eastern studies. Kelci has interned for the Sierra Club’s law office and for Great Sand Dunes National Park. Her first exposure to politics was through her aunt, who is a state representative in Pennsylvania. When she graduates, she would like to specialize in environmental law.

http://www.writemypaper4me.org/

The Tea Party and Voter Fraud

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In anticipation of the impending midterm elections, officials from various Tea Party affiliated groups are concerned that Republicans are losing elections because of voter fraud. Dick Armey, former Republican Congressman, recently asserted that up to 3% of the votes Democrat’s received in 2008 was illegitimate.

Ignoring for a moment that most voting experts refute these claims, the debate is interesting for several reasons. First, it shows the ever-increasing role the Tea Party plays in the Republican Party, a dynamic certain to have a huge impact in November. This broad discussion, however, has been extensively covered by the national news media, so we don’t need to get into it now.

Second, it illustrates the importance of conducting fair and open elections. If these claims have any basis in fact, the implications would be staggering.  The 2008 election cycle fundamentally altered the direction of local, state and national politics, as Democrats dominated, even in traditionally Republican districts. If for some reason that move was illegitimate, it would change our view of the direction American politics. Perhaps that is what these claims are really all about – the Tea Party questioning whether 2008 was really an indication that the country moving to the political left. [Read more…] about The Tea Party and Voter Fraud

Express Advocacy and the 24-Hour Media

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When does a television network endorsing a candidate go over the line? According to the Democratic Governors Association (DGA), Fox News stepped over that line in late August when John Kasich, Ohio Republican gubernatorial candidate, asked for contributions to his campaign. During his interview, the network showed the link to the candidate’s website below his name (see the video here).

A screenshot of the YouTube video of the interview

The DGA filed a complaint on September 2 with the Ohio Elections Commission, alleging that Fox made a contribution in the name of an unincorporated business (Ohio Rev. Code §§ 3517.10(I)(5)) and did not identify the source of the political communication (3517.20(A)(2) and (B)(1)).

In laymen’s terms, Democrats are angry that Kasich received free political advertising on a TV network. Their complaint raises an interesting point: What counts as free political advertising? According to the DGA’s complaint, the link Fox provided of Kasich’s website makes the 1 minute and 30 seconds Kasich was on The O’Reilly Factor a political ad. Giving it the title of a political ad attaches certain responsibilities, including a prohibition on “donating” free political advertising, and adding a “paid for by” disclaimer. [Read more…] about Express Advocacy and the 24-Hour Media

Weekly Wrap-Up

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“Lisa M. Write In and Fill In” is the proposed slogan from supporters of Lisa Murkowski’s proposed write-in campaign.  Alaska elections director said that voters would only have to use Murkowski’s first name and last initial for it to count, but that they would also have to be sure to fill in the bubble next to her name.  The actual vote is the filled in bubble, not the written name.

Carl P. Paladino, a Republican candidate for governor in New York, sent out a typical negative mailing stating that “Something really stinks in Albany.” However, the ad is anything but typical as soon as a person opens the envelope and is greeted with the “unmistakable odor” of “rotting vegetables.” Read this article for more info. [Read more…] about Weekly Wrap-Up