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Montana rebels against Citizens United

Election Law Society · January 16, 2012 ·

Patrick Genova

in-depth article

It may be surprising that the biggest blow to corporations in 2011 didn’t come from Wall Street protestors. Late last month Montana’s Supreme Court took a swing at corporate spending in elections holding, in spite of the decision in Citizens United v. Federal Election Committee, that a 100-year-old law banning corporate spending was valid. In doing so, the court held that the lower court’s reading of Citizens United was erroneous. The Court in Citizens United said, “Laws burdening such speech are subject to strict scrutiny, which requires the Government to prove that the restriction ‘furthers a compelling interest and is narrowly tailored to achieve that interest.’”

So what exactly should be considered a “compelling interest” for bans on political spending? The Supreme Court of Montana answers bluntly that they have met the standard of review set out in Citizens United. In assessing Chief Justice McGrath explains Montana’s long standing fight against corporate spending. [Read more…] about Montana rebels against Citizens United

IN (ballot access): How Indiana’s blank ballot law is depressing us all

Election Law Society · November 10, 2011 ·

by Patrick Genova

There is something cathartic about voting- walking into the booth, choosing the best candidate, and, of course, pinning yourself with the red, white, and blue badge of honor that proudly says, “I Voted.” And for that one day you can hold your head high at the water cooler next to the bigwig foreign investor who swung into town, and in one week got a date with the girl from accounts receivable that you’ve had the hots for. He’s so worldly isn’t he, but what does he know about civic pride? What does he know about the world’s greatest democratic pastime? Nothing.

New election laws in Indiana may take the spark at the water cooler out of some voters this November. The new law in the Hoosier State, which has the 48th lowest voter turnout, will take unopposed candidates off the ballot. The rationale for the change is that it saves paper, but, while Indiana trees rejoice, the new law leaves little reason for many voters to show up to the ballot box. A skeptic may say that in the case of unopposed candidates there was never a choice in the first place, but the effects of the law have less to do with the outcome of elections, and more to do with the fragile psyche of voters and their perceived notion of choice. [Read more…] about IN (ballot access): How Indiana’s blank ballot law is depressing us all

All States (motor-voter): The voting poor

Election Law Society · October 20, 2011 ·

by Patrick Genova

Initiatives aimed at registering poor Americans to vote is un-American, or at least that is the conjecture Matthew Vadum made early last month in a controversial article published by American Thinker. Vadum, the author of Subversion, Inc. and Senior Editor for the non-profit watchdog group Capital Research Center, argues that leftist groups are trying to use the poor as a “battering ram” to advance redistributionist policies. The poor masses, Vadum suggests, are the tools with which Obama and like-minded organizations plan to drag America further from small government ideals. Vadum essentially asserts that voter registration is infringing on his American Dream.

The progressive radio host Thom Hartmann went toe-to-toe with Vadum shortly after the article was released. On the Thom Hartmann Program Vadum defended the views he put forward in the article arguing that, given the chance, welfare recipients would vote for their own interests. Hartmann, expressing concern for the one in seven Americans below the poverty line, argued that everyone, not just the poor, votes for their own interests. Vadum had no substantive response to Hartmann’s prodding.

[Read more…] about All States (motor-voter): The voting poor

Meet the new Editors!

Election Law Society · October 6, 2011 ·

It’s a new year at William & Mary Law School, and that means State of Elections has a brand new editorial board! 1Ls Patrick Genova, John Loughney, and Brett Piersma will be taking the reins of the site and handling most editorial duties from here on out.

Here’s some information about the new editors:

Patrick Genova hails from the well-paved streets of Virginia Beach, Virginia. He is a recent graduate of Virginia Commonwealth University in Richmond, Virginia where he majored in psychology with a minor in creative writing. While at VCU Patrick was Treasurer and Membership Director of Psi Chi- the International Honor Society in Psychology. His interests include voter equality, and partisan redistricting. When Patrick isn’t blogging he enjoys fine foods and terrible music.

John Loughney is a graduate from the University of Maryland with a BA in French. He loves adventure novels, crossword puzzles, playing blues and jazz on his guitar, scuba diving, fencing epee, traveling, and writing love letters in French. He’s an old-school kind of guy who enjoys gin and tonics and quality conversation. He may be the only young person left who doesn’t use Facebook. His role models include Iron Chef Hiroyuki Sakai, Kermit the Frog, Eric Clapton, and Vladimir Putin. He hopes to practice law internationally, distill his own whiskey, and build custom guitars from scratch. He has experience as a journalist, editor, and translator, and contributes to the Election Law Society his great motivation to eradicate hanging prepositions.

Brett Piersma graduated from the University of California at Santa Barbara with a B.A. in History and an M.Ed. in Education. He taught Advanced Placement American Government and European History in California for ten years before attending William and Mary Law School. He has facilitated the California History-Social Science Project, co-authored 11 workbooks for educators, and was a MetLife Fellow for the Teacher’s Network Leadership Institute. He has earned two Teacher’s Network Disseminator Grants, presented at several state and national conferences, and won the UCSB History Associates Outstanding History Instruction award. Among his many interests are the problems of non-voting, the unintentional consequences of political reform, and the impact of federalism and game theory on campaigns.

Chaplins folly was compounded in september of that year when writemyessay4me.org/ lita announced she was pregnant!
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