2021 election

Utah’s H.B. 75 Proposes A New Strategy to Spread Ranked Choice Voting Across the State

Election Law Society · January 19, 2022 ·

By: Maxfield Daley-Watson

In 2017 Michael Kaufusi won the Provo mayoral race with only 40% of the vote. During the 2016 presidential election, 21% of Utah voters favored an independent candidate, Evan McMullin, as a result Donald Trump won the state with 45.1% of the vote. Instances of candidates winning elections without a majority of the popular vote is not new to American elections, but several states appear to be making a concerted effort to address the problem. One solution that is gaining momentum is the broader implementation of instant run-off elections or ranked choice voting. While procedures vary across jurisdictions, the basic idea is that voters can rank their choice of candidate. If one candidate does not receive a majority of first-choice votes, the candidate with the lowest number of first-choice votes is eliminated, and the voters who ranked that candidate first have their votes allocated to the candidates they ranked second. The process repeats itself until one candidate has a majority.

In the Midst of Election Chaos, Mississippi Stays Stagnant

Election Law Society · November 10, 2021 ·

By: Theo Weber

2021 has been a year of rapid, substantial change to state election laws throughout the country. Whether acting to restrict voting rights because of unsubstantiated claims of voter fraud, or acting to expand said rights in light of the COVID-19 pandemic, states have been legislating at a feverish clip. The Brennan Center for Justice notes that between January 1, 2021, and July 14, 2021, 18 states have enacted 30 laws restricting voting access, while 25 states have enacted 54 laws that expand it.

However, one state has been notably absent from passing any legislation in 2021. That state is Mississippi.

The lack of change to voting requirements in Mississippi should not come as much of a surprise though; Mississippi already has some of the most restrictive voting requirements in the country. Mississippi was listed as one of the 6 most difficult states to vote early in by the Center for Election Innovation & Research, and a 2018 study published in the Election Law Journal listed Mississippi as the most difficult state to vote in.

Redistricting in DC: City Council Works to Balance Citizen Concerns and Ward Populations

Election Law Society · October 25, 2021 ·

Washington, DC, like a number of states around the country, is currently beginning its redistricting process in the wake of the 2020 census. Per the Ward Redistricting Amendment Act of 2021, DC’s wards and Advisory Neighborhood Commissions (ANCs) must be redrawn to reflect the population changes that have occurred since the last census in 2010. To accomplish this goal, the DC City Council has tasked the Council’s Subcommittee on Redistricting with soliciting public input and weighing the different concerns that inevitably accompany the redistricting process. The Subcommittee, chaired by at-large Councilmember Elissa Silverman, held a virtual public hearing on September 29, 2021, where many such concerns were voiced.

Virginia Takes Initial Steps to Permanently Streamline the Restoration of Voting Rights for Virginians with Felony Conviction Histories

Election Law Society · October 20, 2021 ·

By: Sarah Fisher

Earlier this year, the Virginia General Assembly took a significant initial step toward ensuring that Virginians with felony conviction histories have their voting rights restored upon release from incarceration.

Currently, under the Constitution of Virginia, Virginians with prior felony convictions are permanently disenfranchised and may only have their civil rights restored at the discretion of the Governor upon full completion of their sentences. This policy has historically been interpreted as requiring the payment of all court costs and fees, as well as the successful completion of applicable probation or parole periods. State policy also required would-be voters to affirmatively request restoration of their rights via an application to the Governor and Secretary of the Commonwealth. While Virginia’s gubernatorial administrations now work proactively to restore voting rights to all who are eligible (therefore eliminating the application stage), new voters are often unaware their voting rights have been revived.

Did the Scope of the Texas Governor’s Authority to Suspend Election Law Under the Texas Disaster Act Expand to Include Policy Unrelated to Mitigating an Emergency?

Election Law Society · October 15, 2021 ·

By: Sarah Depew

On March 13, 2020, Texas Governor Greg Abbott issued a proclamation declaring a state of disaster due to the COVID-19 pandemic, triggering gubernatorial emergency powers authorized in the Texas Disaster Act of 1975. The Texas Disaster Act gives the Governor the authority to “suspend the provisions of any regulatory statute. . . . if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.” Using this authority, Gov. Abbott issued a proclamation on July 27, 2020, to expand early voting and suspend portions of the Texas Election Code to allow voters to deliver a marked ballot in person to the early voting clerk’s office before or on Election Day. An “early voting clerk’s office” is understood in both the Texas Election Code and the July Proclamation to include more than the voting clerk’s main office, but also, any satellite offices or locations. For example, Harris County’s Election Administration has ten offices serving 4.7 million residents across 1,777 square miles.

The July Proclamation was not controversial. The order stated that strict compliance with statute governing the return of marked ballots would hinder the state’s coping with COVID—an objective that is indisputably permissible under the Texas Disaster Act.