State of Elections

William & Mary Law School | Election Law Society

Op Ed: In Response to Tennessee Voter Confidence Act

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Our thanks to Drew Staniewski for this review of where we stand in Tennessee re: free, fair and verifiable elections.

Our group (Gathering To Save OUR Democracy) worked hard to pass the TVCA in time for it to be implemented in 2008, before the last election. There was enough time (and enough remaining HAVA money) to accomplish that. However, as a concession to some, TVCA implementation was delayed until 2010. When Republicans not only won control of our legislature for the first time in 140+ years but also won every open seat in our legislature, they announced that one of their three top legislative priorities was to repeal the TVCA.

It is quite instructive that Tennessee became the ONLY state in 2008 where Republicans won more seats in our legislature, despite Democrats outnumbering Republicans here by a 47-39% margin and despite Democratic voter registration efforts outpacing Republicans by better than 4-to-1 in the months leading up to the 2008 election. [Read more…] about Op Ed: In Response to Tennessee Voter Confidence Act

The Tennessee Voter Confidence Act

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On November 5, a Tennessee judge declined to an issue an injunction that would have forced the Secretary of State to comply with the Tennessee Voter Confidence Act passed in 2008. The act requires all 95 counties to discard electronic voting machines in favor of paper ballots. Understandably, the act has become an extremely controversial issue in Tennessee politics.

The Tennessee Voter Confidence Act (TVCA) passed nearly unanimously last year in response to growing fears over the integrity and security of electronic voting machines. Tennessee was recently rated by the organization Gathering to Save Our Democracy as one of the eight states in the nation most vulnerable to vote-counting abuse because of its reliance on computerized systems.  Currently, 93 of the 95 counties in Tennessee use some form of electronic voting machine or touch-screen system that records votes but does not produce an individual paper record of each vote.  The act requires a move to paper ballots read by optical scanners, which would allow for a paper trail and eliminate the corruption and abuse concerns associated with computerized systems. When it was first presented to the legislature, the TVCA had bipartisan support in both houses of the legislature, and was passed by an overwhelming majority. [Read more…] about The Tennessee Voter Confidence Act

Recount in Virginia’s 21st District

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Can a change in the law change the outcome of an election?

Bobby MathiesonOn November 3rd, voters in Virginia went to the polls and handed Republicans a statewide office sweep and gains in the House of Delegates, but, as has become a common occurrence in Virginia, there is one election headed for a recount.

In the 21st House of Delegates district, Delegate Bobby Mathieson (D) and Virginia Beach City Councilor Ron Villanueva (R) battled throughout the summer and fall and after injunctions, questions about absentee ballots, the Virginia Beach electoral board certified Villanueva the winner by 14 votes. The current margin of victory is a mere nine-tenths of one percent.Ron Villanueva

Virginia law allows for the trailing candidate to request a recount if the margin of victory is less than one percent and Mathieson has stated that he will be seeking a recount. The state Board of Elections has certified the outcome of the election, and it appears that Mathieson will soon officially request a recount. Any recount would likely occur in mid-December. [Read more…] about Recount in Virginia’s 21st District

Redistricting Reform Part 2

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OK, So What’s The Problem?

If you missed last week’s installment, take a look, as it summarizes how redistricting in Virginia works.  If you’re too busy, the basics on your author:  In 2007 I was asked to run a new non-profit effort to reform Virginia’s redistricting system. A group of moderate business leaders had decided to raise funds for the effort. For the next 7 months, I shuttled between my Arlington home and Richmond as Executive Director of the Virginia Redistricting Coalition. I’ll use this series to pose a few basic questions about redistricting reform and explore the philosophical and practical implications of such an effort. As a warning up front, I am not a lawyer. So while I am fairly well-versed in the relevant concepts, don’t take my word for gospel on the legal precepts. I’m also going to assume you’re familiar with the basics: gerrymandering, the Civil Rights Act of 64, reapportionment generally, and the current state of the ‘science’ of partisan redistricting.

Partisan redistricting – is it really a problem? First principles – Illinois 4th District, a perfect example of gerrymanderingwhat is the problem with partisan redistricting? Per Baker v. Carr and later Gray v. Sanders, modern partisan redistricting efforts do not endanger the effective power of an individual’s vote, nor do they dilute the ability of a constitutionally protected class to achieve representation (post-Voting Rights Act of 65). So we must at least consider whether or not drawing district lines for partisan gain is either constitutionally (or morally) acceptable. The constitutional question remains unsettled – a series of cases has yet to define a standard for determining if a partisan gerrymander is an equal protection violation. (See Vieth v. Jubelirer & Davis v. Bandemer – I’m not qualified to belabor the details.) Without settled case law, this leaves us to ask if there is a public interest in removing partisan influence from redistricting. [Read more…] about Redistricting Reform Part 2

The Military and Overseas Empowerment Act

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In Virginia, nearly 2,000 ballots cast by voters overseas were initially not counted in last year’s general election. The Uniform Overseas Citizens Absentee Voting Act (UOCAVA) allows citizens abroad, including military personnel, the ability to vote in federal elections. The U.S. Department of Justice sued Virginia for violating the act, because of the state’s failure to count the absentee ballots. The Virginia Board of Elections contended that they were not bound by UOCAVA because it did not give a specific deadline to mail ballots out.  A federal judge decided that, although this may true, the UOCAVA was established to give Americans abroad a “real chance to vote.” [Read more…] about The Military and Overseas Empowerment Act