Ballot Access

Something Fishy in South Carolina Referendum

Election Law Society · October 20, 2017 ·

By: Chandler Crenshaw

Picture Source Credit: Here

Concern of voter intimidation is not a novelty in politics. When elections may be close, supporters of a proposition may sometimes attempt to influence the election by giving voters an incentive to go to the ballot box for their cause. When these types of allegations occur, they often cause the people to view election results as “fishy”. In South Carolina, a recent school board referendum in Laurens County, situated in the northwest corridor of the state, was fishy. Rather, while the election results were not close, opponents of a failed tax referendum were accused of influencing voters by offering free fish sandwiches to those who voted. [Read more…] about Something Fishy in South Carolina Referendum

Ballot Ordering: A Recurrent Controversy in Virginia?

Election Law Society · October 13, 2017 ·

By: Jacob Dievendorf

In at least the two most recent “big” elections in Virginia, the 2016 Presidential race, and the 2017 race for Governor, there has been some controversy over the method used to decide which order candidates appear on the ballot. In March 2017, the Corey Stewart campaign issued a press release accusing Ed Gillespie’s campaign of “manipulating the Virginia Board of Elections in a last-ditch, rule-breaking effort to have Ed’s name placed at the top of the [primary] ballot.” Virginia law provides that ballot order for primaries is determined by the time that a candidate files for the office, on a first come first served basis. If candidates file simultaneously, ballot order is determined by lottery. The Stewart campaign went so far as to camp out in front of the Board of Elections offices the night before in order to be first, but alleged that Gillespie’s campaign was pressuring the Board to consider their filings simultaneous.

Looking back just a bit further, Virginia’s ballot ordering rules also caused some controversy during the 2016 election cycle. In general elections, Virginia law provides that candidates from major political parties, that is, parties that receive more than 10 percent of the vote in two previous statewide elections, are listed on the ballot first, followed by candidates from minor parties, and lastly, the names of independent candidates. This law was challenged by a former minor party candidate for governor, Robert Sarvis, of the Libertarian Party, and eventually found its way up to the 4th Circuit. In June, 2016, a three judge panel of the 4th Circuit affirmed the district court’s dismissal of the case, based largely on a theory that the ballot ordering law does not harm minor parties.

It is hard to say whether this controversy will continue. Two data points hardly make a trend, but the issue has proved important enough to drive a gubernatorial campaign to literally camp out in front of the Board of Elections, and a third party candidate to fight a case up to the 4th Circuit. Why is ballot ordering even an issue? Surely voters are able to discern which candidate they prefer, no matter the order of names on the ballot.

Contrary to this notion, there is a body of evidence that suggests that order on a list does matter. It seems that when people make choices, there is some preference for selecting choices that are listed first, or higher, in a list of choices. Larry Sabato, writing for the University of Virginia Center for Politics, has looked at the political implications of this bias. His conclusions contain an interesting implication for ballot ordering in Virginia. While he concludes that races for major offices such as president and governor are not highly impacted by serial position effects, lesser offices and non-partisan races are especially susceptible. Therefore, many “lesser” elections in Virginia, where candidates are not associated with parties, may be especially influenced by this form of selection bias.

It is possible that ballot ordering controversies will go nowhere, and that the issues raised in 2016 and 2017 will be a fluke. On the other hand, in an increasingly polarized voting climate, where parties compete to eke out whatever advantages they can, perhaps the minor advantage gained by being listed first on a ballot will become increasingly attractive. Ballot ordering is a currently minor issue, but one with increasingly significant potential.

Small Parties Put Up Big Fight for Ballot Access in North Carolina

Election Law Society · March 13, 2017 ·

By: Collin Crookenden

Though the history of minor-party candidates dates back to long before the advent of political primaries, the solidification of the two major political parties has prohibited third-party candidates from being true challengers in presidential races. In fact, since George Wallace’s semi-successful campaign in 1968, no third-party representative has won a single electoral college vote. Instead of vying for the presidency, like Theodore Roosevelt in 1912 or Wallace in 1968, recent minor-party candidates are running to “make a statement against the two-party system.” However, the 2016 presidential election cycle highlighted the lack of faith in the two major political parties and the strengthening desire from many for strong third party or independent presidential candidates. Both major-party candidates had unfavorable ratings higher than 50% through Election Day, which activated a large push for third-party candidates on all state ballots and questioned state laws on ballot access.

New York, Fusion Voting, and Gary Johnson – What’s an Independence-Libertarian to do?

Election Law Society · October 31, 2016 ·

By: Caiti Anderson

There is no state quite like New York – and not many election laws quite like New York’s, either. As one example, only New York and six other states permit fusion voting. On a fusion ballot, a candidate can be listed as candidate for more than one party. Fusion voting, as noted the 1997 Supreme Court decision of Timmons v. Twin Cities Area New Party, had its heyday during the Gilded Age. Political parties, rather than governmental entities, distributed their own ballots to voters but did not affirmatively tell voters what other parties endorsed the same candidate(s) they supported. Thus, Candidate Smith could be supported by both the Granger and Republican parties, but those who voted the Granger ballot would not necessarily know from the ballot the Granger party handed them that the Republican Party also supported Smith.

Recent New Jersey State Election Law Limits Delivery of Mail-In Ballots by Authorized Individuals

Election Law Society · April 8, 2016 ·

By Briana Cornelius

On August 10, 2015, the New Jersey legislature passed a new state election law, Public Law 2015, Chapter 84, which limits the number of “Vote by Mail” ballots that a designated delivery person can pick up and deliver on behalf of other registered voters. Under the New Jersey “Vote by Mail Law,” an “authorized messenger” is an individual who is permitted to obtain mail-in ballots for other qualified voters. Previously, authorized messengers were allowed to obtain up to ten ballots for delivery to other voters, and “bearers” were permitted to return an unlimited number of completed ballots to county election boards on behalf of other voters. The new law, which took effect immediately, reduces the number of ballots that both an authorized messenger and bearer can deliver to just three. This change in the law (you can see the previous version of the law here) represents the first time there has been any limit on the number of ballots that a bearer can deliver to county election officials.