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Rejection of West Virginia congressional map creates more questions than answers

Election Law Society · January 30, 2012 ·

by Chris Lewis

On Jan. 4, the U.S. District Court for the Southern District of West Virginia rejected the state’s new congressional map, the second state to have its map thrown out by the courts this redistricting cycle (Texas’ map was rejected in November). The 2-1 opinion from the U.S. District Court for the Southern District declared the maps unconstitutional due to population variance between the districts, a violation of the “one man, one vote” principle that has been in effect since the 1960’s. While it is commendable that the judges had this tenet in mind when crafting its decision, they deserve scrutiny for a result that will likely have little real impact outside of headaches for state officials and confusion for voters.

Unlike its counterpart in the Lone Star State, West Virginia’s map was passed without much acrimony, overwhelmingly approved by votes of 27-4 in the State Senate and 90-5 in the House of Delegates.  Though Democrats control both houses, just three Republicans voted against the new map, a stark contrast to other states that have seen redistricting turn into bitter partisan battles.  The legislature made just one change, shifting Mason County from the 2nd District (represented by Republican Shelley Moore Capito) to the 3rd District (represented by Democrat Nick Rahall).  The change represented about a one percent change in party affiliation in both districts. [Read more…] about Rejection of West Virginia congressional map creates more questions than answers

WI (voter id): Badger ballot blues: early issues with Wisconsin’s voter ID law

Election Law Society · October 26, 2011 ·

by Chris Lewis

Could Wisconsin soon be the center of another political controversy?  A test run of the state’s new voter identification law on Oct. 11 led to long lines and frustrated voters, which could cause state Democrats to amplify their attacks on a law they already claim is costly and intended only to suppress voter turnout. State Republicans have expressed strong support for the law since its passage in May, and have expressed no desire to make any changes before it takes full effect before February’s primary elections.

Madison City Clerk Maribeth Witzel-Behl called for the mock election after noticing irregularities during July’s State Senate recall elections. Poll workers in those elections were instructed to request voters’ identification even though it was not yet required.  Witzel-Behl indicated that the workers were inconsistently following this instruction.  Following Tuesday’s mock election, Witzel-Behl estimated that it took each voter two minutes to present identification and sign the poll book, a standard she found “very alarming.” She also noted that several people left the line due to the long wait. [Read more…] about WI (voter id): Badger ballot blues: early issues with Wisconsin’s voter ID law

Behind the Scenes View of Florida’s Congressional Redistricting

Election Law Society · October 9, 2014 ·

By Christine Wilson

Dr. Susan A. MacManus is a Distinguished Professor at the University of South Florida in the Government and International Affairs Department. MacManus also serves as the political analyst for WFLA News Channel 8, the Tampa NBC affiliate and is a featured columnist on sayfiereview.com. I am honored to have been able to ask her a few questions about congressional redistricting in Florida.

In 2010, Florida voters, through an initiative, amended Florida’s Constitution to specify criteria for congressional redistricting. Judge Terry P. Lewis, a Florida judge in Leon County, recently ruled that District 5 and District 10 violated the constitutional provision on congressional redistricting and ordered the Florida Legislature to draw a new congressional map in compliance with Florida’s Constitution.

[Read more…] about Behind the Scenes View of Florida’s Congressional Redistricting

Could Open Primaries Close the Door on Graham in 2014?

Election Law Society · October 30, 2013 ·

by Meredith Weinberg, Contributor

A recent case out of South Carolina is drawing attention to the potential impact of open primaries on election results. South Carolina law does not require voters to formally register with a particular political party in order to cast a vote in a primary. A system in which voters can select the primary they wish to vote in regardless of party affiliation is called an open primary system.  Open primary systems sometimes draw criticism because they can allow voters to engage in so-called crossover voting.  Crossover voting occurs when members of one political party deliberately vote for a candidate they perceive to be weaker in an opposing party’s primary in order to give their candidate an advantage. It is important to note that voters in an open primary system do have to select only one primary in which to vote, so crossover voting naturally removes a voter’s opportunity to cast a ballot for the actual candidate of her choice in her own party’s primary.  Exit polls provide evidence that voters have crossed party lines during primaries in South Carolina. For example, despite South Carolina’s traditionally conservative electorate, nearly 30% of the voters in the Republican presidential primary in 2012 were either Democrats or Independents.  Further, nearly a quarter of the independents chose Ron Paul as their candidate of choice, rather than the eventual winner in the primary, Newt Gingrich. [Read more…] about Could Open Primaries Close the Door on Graham in 2014?

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