State of Elections — Page 9 — William & Mary Law School

Montana: Changes To Voting Laws In Wake of 2020 Election

Election Law Society · March 23, 2022 ·

By: Kelsey Nickerson

Montana is one of the largest states in the county, but unlike its counterparts Texas and California, it is home to relatively few people and only accounts for 3 electoral votes. The state had some close elections as of late, and with a relatively small population, a small number of votes can play aa large part in election results. As in most states, the 2020 Election inspired Montana to enact much more stringent voting laws relating to registration, identification, and absentee voting. Many of these laws, despite the obvious problematic result of disenfranchisement of indigenous voters, were upheld under Section 2 of the Voting Rights Act in the Supreme Court’s decision in Brnovich v. Democratic National Committee this past summer. In Montana, however, a new group has challenged the restrictive bill: young voters.

HB 506, along with instating various redistricting criteria, requires that “[u]ntil the individual meets residence and age requirements, a ballot may not be issued to the individual and the individual may not cast a ballot” via mail. Though it may seem like a reasonable limitation to place on mail-in voting, it does burden a certain portion of the population. Young people, whose participation has surged in Montana over the past few years, object to stringent absentee requirements that target both their age and transient nature. For example, young Montanans who will be 18 and eligible to vote on Election Day, but will not reach that age before the extremely early deadline to request a mail-in ballot, are prevented from voting if they can’t return to their district on Election Day. Additionally, residency requirements require 30 days of presence in a new location before an absentee ballot may be requested. With large portions of teens in Montana moving both away from home and out of state in the fall, there is little room for error in requesting an absentee ballot, and sometimes the request is impossible.

Nevada Expands Mail-In Voting Post 2020

Election Law Society · March 21, 2022 ·

The 2020 presidential election was historic for many reasons, among them, the special safety measures that state election administrators had to suddenly implement in response to the COVID-19 pandemic. In its effort to ensure voter safety in the 2020 election process, the Nevada legislature passed a law that would require all counties to mail absentee ballots to registered voters during emergency situations. The law aimed to make it easier for Nevadans to vote without having to physically go to the polls. The law also provided some procedural flexibilities in that it permitted the collection of mail-in ballots by third party collectors.

Alabama Battles Over Redistricting

Election Law Society · March 18, 2022 ·

By: Shelly Vallone

The Alabama Senate gave final approval for a redistricting plan of Alabama’s congressional districts on November 3, 2021 after Governor Kay Ivey commenced a special reapportionment session on October 28, 2021 to complete the mandatory redrawing of Congressional, State House of Representatives, State Senate, and State Board of Education districts after the 2020 Census. The Senate mostly maintained the status quo, notably preserving the state’s only majority-black Congressional district without adding another. Ahead of the plan’s approval, Alabama state Senators Rodger Smitherman and Bobby Singleton, along with four Alabama voters, filed suit on September 27, 2021, in the United States District Court Northern District of Alabama Southern Division, asking the Court to declare the current districting plan unconstitutional and allow the legislature to remedy the violations ahead of the 2022 elections.

In their amended complaint, filed the day after the Senate’s approval, the plaintiffs argue the plan “was drafted by incumbent members of Alabama’s Congressional delegation to maintain their current districts with only those changes necessary to equalize populations.” The plaintiffs also stress the urgency of their claim in light of the fast-approaching 2022 elections. Candidates seeking nomination in a party primary must file a declaration of candidacy with the state party chairman by January 28, 2022. Therefore, the plaintiffs asked the Court to conduct a final hearing before the end of 2021 to settle whether the plan constitutes a racial gerrymander before the primary elections in May 2022.

Did Texas House Members Violate the Texas Open Meetings Act When Redistricting?

Election Law Society · March 16, 2022 ·

By: Sarah Depew

On October 18, 2021, the Mexican American Legislative Caucus (MALC), the largest and oldest Latino legislative caucus in the nation, issued a public statement on their Twitter account stating that they filed a petition for deposition in order to investigate a possible violation of the Texas Open Meetings Act. More specifically, the public statement raised concerns about the possibility of secret communications and decision-making in Texas’ redistricting process.

Spoiler Alert: Sham Candidates Unduly Influence Florida Elections

Election Law Society · March 14, 2022 ·

Sham candidates are influencing outcomes in Florida elections. And it’s “not necessarily illegal.” Running sham candidates, or “ballot management,” is the practice of strategically running a no party affiliation (NPA) or third-party candidate not to win, but to siphon votes from a competitor. The 2020 race for Florida Senate District 37 illustrates the issue.

Incumbent Democratic state senator José Javier Rodríguez ran for reelection to his seat representing Florida’s Senate District 37, which he first won in 2016. His competitors were Republican Ileana Garcia and NPA candidate Alex Rodriguez— an auto parts dealer who conveniently shared the same last name as José Javier Rodríguez. Suspiciously, Alex Rodriquez did not appear to want to win the election, failing to campaign, speak publicly, or otherwise engage with voters. By itself, it’s possible Alex Rodriquez was someone who simply wanted to throw his hat into the ring, but perhaps lacked the will or resources for a full-throated campaign. Unfortunately, that was not the case.