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2016 Election

Texas: District Court Orders Texas to Re-Write Voter ID Educational Materials, Requires Preclearance Before Publishing Materials

Election Law Society · November 21, 2016 ·

By: Benjamin Daily

In a new development in Texas’ Voter ID saga, U.S District Judge Nelva Gonzales Ramos found that Texas had misled voters and poll workers about the ID requirements to cast a ballot in the November 2016 election. The new order also requires Texas to obtain preclearance before publishing its educational material. The challenge comes after the Fifth Circuit struck down SB14, the Texas Voter ID law, in Veasey v. Abbott, the Texas Voter ID law last July.

[Read more…] about Texas: District Court Orders Texas to Re-Write Voter ID Educational Materials, Requires Preclearance Before Publishing Materials

The Sunlight Keeps Shining: The Supreme Court’s Denial of Certiorari Means that Delaware’s Disinfectant Election Disclosure Law Remains

Election Law Society · November 16, 2016 ·

By: Owen Ecker

In the wake of Citizens United v. FEC, Delaware took it upon itself to counteract the perceived “opening of the floodgates” ushered in by the United States Supreme Court on the issue of corporate third party political expenditures.  As the state’s first major alteration in campaign finance laws for over two decades, House Bill 300, established to generate a greater amount of disclosure from third party advertisers, passed both houses of Delaware’s General Assembly by large margins (about 65 percent in the House of Representatives and 100 percent in the Senate) in 2012.  Thereafter, the Governor of Delaware signed the Delaware Elections Disclosure Act (the “Act”) into law, which became effective in 2013.  However, litigation ensued over the Act’s constitutionality, with one lawsuit making its way up to the Supreme Court.

[Read more…] about The Sunlight Keeps Shining: The Supreme Court’s Denial of Certiorari Means that Delaware’s Disinfectant Election Disclosure Law Remains

Taking the Initiative: Coloradans Set to Vote on Proposal to Limit Ballot Initiatives and Constitutional Amendments

Election Law Society · November 7, 2016 ·

By: Emily Hessler

Coloradans looking to limit the number of citizen initiatives on the state’s ballots are using an unlikely tool to achieve their goal: the citizen initiative. Supporters argue that a proposed measure on November’s ballot––Initiative 71––would “raise the bar” by making it more difficult to get citizen initiatives on Colorado’s ballots and by increasing the percentage of votes required to amend the state’s constitution.

Under Article V of the Colorado Constitution, the ballot initiative is a power “the people reserve to themselves.” Pursuant to this constitutional provision, Colorado citizens can petition to include proposals on general election ballots for new legislation––statutory initiatives––or for constitutional amendments––constitutional initiatives. Twenty-four states allow initiatives, but only sixteen permit that constitutional initiatives go directly on the ballot without first being presented to the legislature.

[Read more…] about Taking the Initiative: Coloradans Set to Vote on Proposal to Limit Ballot Initiatives and Constitutional Amendments

Federal Court Order Leads to Last Minute Surge in Florida Voter Registration

Election Law Society · November 6, 2016 ·

By: Ethan Emery

The month of October saw an election case with the potential for a serious impact on the 2016 election resolved in federal court. The result was a week-long extension of voter registration. This case arose in the aftermath of Hurricane Matthew as a direct result of the natural disaster’s effect on the state.

[Read more…] about Federal Court Order Leads to Last Minute Surge in Florida Voter Registration

North Carolina’s 2013 Voting Laws Were Struck Down By the 4th Circuit, But The State May Not Be Out of the Legal Fights Yet

Election Law Society · November 6, 2016 ·

By: Blake Willis

When the Fourth Circuit struck down North Carolina HB 589, the notorious law which toughened voter-ID requirements, limited early voting, and limited same-day registration, many who champion voter rights believed that North Carolina’s long-standing history as a state with suppressive voter laws may begin to change. However, that optimism may be short lived as North Carolina is now facing challenges on two other election law provisions.

[Read more…] about North Carolina’s 2013 Voting Laws Were Struck Down By the 4th Circuit, But The State May Not Be Out of the Legal Fights Yet

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