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Sending out an SOS: The National Association of Secretaries of State Summer Conference

Election Law Society · September 14, 2011 ·

The National Association of Secretaries of State (NASS) held its annual summer conference in Daniels, WV from July 10-13 this past summer. Much of the conference was geared toward preparation for the 2012 Election cycle. A number of prominent speakers, including a number of state secretaries of state, “federal officials, private sector representatives, voter advocacy organizations and leading academics” voiced their views.

Sec. Kris Kobach, the controversial Secretary of State of Kansas who has become a lightning rod of criticism and praise over the past summer for his efforts in leading the charge against alleged voter fraud (see a 2009 Times profile about then-candidate Kobach here), discussed his state’s Secure and Fair Elections Act as part of his presentation on citizenship requirements for voter registration. He noted that his state’s law was drafted to “withstand judicial scrutiny” taking into account challenges to a similar law passed in Arizona (which Kobach also had a hand in drafting). Secretary Kobach defended laws like this, saying “we all want security in the knowledge that an election was fair… [a]nd that the winner of the election was the person who really won the race”.

Host Secretary Nathalie Tennant also spoke about elections, focusing on the use of technology in communicating with voters. She stressed the importance of using social media outlets such as Facebook, Twitter, and Skype to make sure voters know valuable information about upcoming elections. The use of such media might help to increase voter participation, she reasoned, as they are the “type of tools people are using to communicate.” Tennant’s office  recently launched a campaign to educate and inform voters of West Virginia’s upcoming special election for Governor and the necessary steps to register and vote. The media campaign coincides with the beginning of the NCAA football season and compares the two activities (voting and football, that is), calling both “American traditions.” [Read more…] about Sending out an SOS: The National Association of Secretaries of State Summer Conference

Early Voting in Ohio: Voters Take it Easy as the System Tries to Adjust

Election Law Society · October 27, 2010 ·

Ohio law has allowed early voting since 2005, but the 2010 election will be only the second time that the full slate of statewide offices will be up for election the ballot.  Though the political parties, county election boards and yes, even the Tea Party, are now operating with the new system in mind, one question remains: is it all worth it?

Currently the Ohio voting period stretches for 35 days. Voters may vote early for any reason either in person at their county board of elections office or by mail until November 1. Additionally, the law has created the controversial so-called “golden week“, where citizens may register and cast absentee ballots at their board of elections on the same day. In 2009, the early voting law actually resulted in Barak Obama winning the state even though more votes were cast for John McCain on November 4, 2008, “Election Day”. However, it seems that, rather than dramatically increasing voter turnout, early voting is simply forcing a shift in old campaign strategies, due to timing issues, and making voting more convenient for those who otherwise would have voted anyway. [Read more…] about Early Voting in Ohio: Voters Take it Easy as the System Tries to Adjust

Rahm’s Residency: Not a Problem?

Election Law Society · October 4, 2010 ·

According to several news articles, White House Chief of Staff Rahm Emanuel is moving back to Chicago to run for mayor.  Several news organizations and election lawyers question whether he qualifies as a resident of Chicago.  Rahm Emanuel is registered to vote in Chicago where his car is registered but leased his house to another family.  To run for mayor in Chicago, you must maintain a city residence for one year.

It is striking how similar the facts surrounding Rahm Emanuel’s residency in Chicago are to the seminal, Virginia case on voter residency: Sachs v Horan.  Daniel Sachs was registered to vote and owned a home in Fairfax County.  Sachs had a minimum, one year employment contract outside of Fairfax so he rented a house in Washington County and leased his house in Fairfax to another person.  All the while, Sachs paid property taxes to, registered his vehicle in, and had a driver’s license from Fairfax County.  He was seeking employment closer to home and hoped to return to his house in Fairfax.  In reviewing his residency for voter registration, the Supreme Court of Virginia held that Sachs did not “live in that locality with the intent to remain there for an unlimited time” nor did he have the requisite “place of abode” to establish residency for voter registration.

[Read more…] about Rahm’s Residency: Not a Problem?

Yes/No, No/Yes: Two California Redistricting Bills Compete for Votes

Election Law Society · September 15, 2010 ·

Source: California Voter Foundation

Last Sunday, two competing editorials were published in the San Francisco Chronicle discussing two proposed redistricting bills in California, Proposition 20 and Proposition 27.  Both propositions focus on changing the Congressional redistricting process.  Proposition 20 would give the task to the Citizen Redistricting Commission, which already draws the lines for the legislative districts.  Proposition 27 would have the Legislature do it, but impose public oversight and strict guidelines on the process.  The editorials dealing with these propositions took opposite views: Daniel Lowenstein of UCLA supported Proposition 27, saying it would reduce the cost and create equal districts; Alice Huffman, president of the NAACP, argued that Proposition 20 would prevent districts from being drawn for the benefit of politicians.  Both disagreed strongly with the claims in the other.

So who’s right and who’s wrong?  As is usually the case, the answer is not black and white.

[Read more…] about Yes/No, No/Yes: Two California Redistricting Bills Compete for Votes

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