2020 Election

Are long lines to vote in Georgia unconstitutional? We may soon find out

Election Law Society · September 30, 2020 ·

By Alex Lipow

In recent years, Georgia has become a posterchild for election controversies and administrative snafus. Election disputes have ranged from claims of unconstitutional racial gerrymandering to allegations of a conflict of interest in administering the 2018 gubernatorial election. With these issues in the background, a federal court is wrestling with a more fundamental question: do long voting lines in Georgia—which were the longest in the country in 2018 and 29 percent longer in black neighborhoods than in white neighborhoods—violate the U.S. Constitution?

On August 6, 2020, three Georgia voters, the Democratic Senatorial Campaign Committee, and the Democratic Party of Georgia (the “Plaintiffs”) filed suit against Georgia’s secretary of state, members of nine county boards of election from counties with some of the longest lines in the most recent election, and members of Georgia’s State Election Board (the “Defendants”). In their complaint, the Plaintiffs contend that the long voting lines, which have become longer and longer in each of the most recent elections, stem from the Defendants’ “persistent closure and consolidation of polling locations and failure to provide adequate election equipment, elections officials and volunteers with sufficient training, available technicians to address technical problems that arise, sufficient time to set up polling locations, and emergency paper ballots for backup when equipment breaks down or malfunctions.”

Can the South Carolina Republican Party Really Cancel its Presidential Primary?

Election Law Society · February 24, 2020 ·

By: Trevor Bernardo

GOP state committees in South Carolina, Kansas, Alaska, Arizona, and Nevada have all cancelled their primary or caucus elections for the 2020 presidential election. The Minnesota GOP also recently announced that Trump would be the only Republican candidate on its primary ballot. How can state parties avoid holding a primary election, even if only to confirm or re-nominate an incumbent, that will ultimately determine who will be on the general election ballot, and pledge electors to vote in the Electoral College?

Opinion: Virginia’s (Almost) No-Excuse Absentee Voter Law: A Baby Step in the Right Direction

Election Law Society · February 5, 2020 ·

By: Tyler Wolf

Election season may not be upon us quite yet, but that doesn’t stop some from prematurely speculating that Virginians may find shorter lines at the polling precincts in November of 2020. This prediction seems counter intuitive given the political turmoil and controversy that has galvanized voters in recent years, but it can be explained by the passage of SB-1026 in February of 2019. This bill, now set to take effect in November of 2020, creates an exception to Virginia’s excuse requirements for absentee ballot voting. Democratic State Senator Lionel Spruill, the sponsor of SB-1026, postulates that shorter lines and increased voter access are possible results when the law takes effect. Despite these predictions, the actual impact of this law is questionable, as it does little to curb the effects of excuse-required absentee voting laws in Virginia. As enacted, the law simply carves out a narrow exception to an arbitrary practice that violates ideals of personal privacy and widespread access to voting.

Seventeen-Year-Old Voters in California

Election Law Society · December 30, 2019 ·

By: Maria Callahan

On January 18, 2019, California Assembly Speaker pro tempore Kevin Mullin introduced ACA 4. The bill is a resolution to propose an amendment to the Constitution of California that would authorize 17-year-olds to vote in primaries or special elections if they will be 18-years-old at the time of the general election, given they are a United States citizen and a resident of the state. Mullin, a Democrat from San Mateo County, told the New York Times that he has proposed amending the Constitution similarly twice before.