The blog will be taking a break from December 15 until January 8.
Have a happy holiday season!
North Carolina State Board of Elections and Ethics Enforcement: When did this happen?
By: Hannah Littlefield
Senate Bill 68 (“SB 68”) is arguably the most interesting election law issue in North Carolina. SB 68 merged the North Carolina Board of Elections and the State Ethics Commission, forming the State Board of Elections and Ethics Enforcement. The boards merged in June 2017; however, Governor Roy Cooper has yet to appoint members to the new board.
What is SB 68? SB 68 is a revision of Senate Bill 4—a bill created by the Republican-led General Assembly—that was struck down by a three-judge panel. The three-judge panel originally ruled that the merger was unconstitutional. Republican lawmakers revised Senate Bill 4, now SB 68, and passed the new bill on April 25, 2017. What is so interesting about SB 68? Three things: (1) SB 68 was created without a severability clause; (2) Governor Cooper filed a lawsuit against the legislative leaders arguing that SB 68 violates the Separation of Powers clause, interferes with the Governor’s ability to “faithfully execute the laws,” and violates the “non-delegation doctrine;” and (3) the press has not really caught on to the importance of the issues surrounding SB 68.
Judge Blocks Controversial New Hampshire Voter Registration Law
By: Samuel Holliday
On Tuesday Sep. 12, 2017, a New Hampshire Superior Court judge placed a temporary restraining order on the enforcement of penalties under the controversial voter registration law known as Senate Bill 3 pending further judicial review. The law, signed by Governor Chris Sununu (R) on July 10, 2017, provided stricter penalties ‒ a fine up to $5,000 and a jail sentence of up to a year ‒ for failure to provide documentation that supports a voter’s domicile in the state if they register within 30 days of an election. The decision was handed down on the day of the first election in the state which would have been affected by the new law, with instructions that the decision be relayed to localities holding elections.
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No Star-Crossed Party Voting in Alabama: Stick with Your Party
By: Lydia Warkentin
Roy Moore’s defeat of Senator Luther Strange in a special Republican primary runoff in Alabama dominated the news cycle this September. But flying under the radar is a new Alabama law (Act No. 2017-340), signed by Governor Kay Ivey last May, that prohibits “crossover” voting in party primaries and runoffs. The law states that voters, if required to return to the polls for a primary runoff, like the one on September 26, can vote only for the party they voted for in the primary. In other words, a voter cannot vote in the Democratic party’s primary and then vote in the Republican party’s runoff. Only those who voted in the Republican primary on August 15, or those that did not vote at all, were permitted to vote in the September 26 runoff. Supporters say the goal of the law is to prevent one party from having an improper effect on another party’s race.
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Alaska Joins Growing Number of States with Automatic Voter Registration
By: Grace Greenberg-Spindler
Alaska’s automatic voter registration law went into effect March 1, 2017, making Alaska one of ten states, the fourth state to do so in this year, to enact such legislation. The new bill was introduced through Ballot Measure 1 (15PFVR), which passed in the November 8, 2016 referendum with more than 63% of support from Alaskan voters. The bill also received bipartisan support from Republican leaders Sen. Lisa Murkowski, Sen. Dan Sullivan and Rep. Gabrielle LeDoux as well as Democratic Rep. Jonathan Kreiss-Tomkins and former Sen. Mark Begich.
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