William & Mary Law School | Election Law Society
By: Melissa Rivera
Imagine walking into the voting booth and reading these words: “Should judges be required to retire on the last day of the year they turn 75 years old?” How would you answer? Would the answer depend upon whether the judges already had to retire at age 70 or if you were being asked to add a whole new requirement? This is exactly the consideration voters in Pennsylvania may be facing when they head out to the polls in November.
Alexander Hamilton once said, “A share in the sovereignty of the state, which is exercised by the citizens at large, in voting at elections is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law.” In Michigan, the citizens have incredible power to voice their opinion and influence the sovereignty of their state. Through initiative, Michiganders may propose either a constitutional amendment, which does not require state legislative approval before being placed on the ballot, or state statutes, which must first be submitted to the state legislature for approval before being placed on the ballot. In order to participate in the initiative process, Michigan does not even require that the petitioner register with the state, but rather only requires that the petitioner report campaign contributions in excess of $500. However, petitioners may submit their proposal to the Bureau of Elections in order to greatly reduce the chance that formatting errors will prevent the proposal from being accepted.
[Read more…] about The Will of the People: Michigan’s Ballot Initiative to Allow By-Mail Voting
By: Eric Sutton
Background and the Referendum Process
On Wednesday, May 27th, 2015, the Nebraska Unicameral Legislature eliminated capital punishment through LB 268. The bill was approved over a veto by Governor Pete Ricketts, by a no-votes-to-spare 30-19 margin, and marked the end of State Senator Ernie Chambers’ 39-year effort to end the death penalty in Nebraska. The repeal made Nebraska the first conservative state to eliminate capital punishment in more than 40 years. However, immediately after the repeal, State Senator Beau McCoy, a conservative, expressed his frustration over the vote and announced his intent to pursue a ballot initiative to reinstate the death penalty. Less than one week after the repeal and Sen. McCoy’s statements, a group named Nebraskan’s for the Death Penalty (“NFDP”) filed the appropriate paperwork with the Secretary of State to reinstate the death penalty by referendum.
[Read more…] about Nebraska’s Death Penalty Saga: Referendum on the Plains
By: Aaron Colby
This year, like other states, California worked to complete another midterm election season. Also like other states, this means that candidates participated in major fundraising and spending efforts, to increase their chances of a favorable election result. However, unlike many other states, a great deal of these campaign contributions are going not to a particular candidate, but rather to a specific cause: support of or opposition to a particular ballot initiative. California law requires supporters and opponents of ballot initiatives to form a committee, to which donations are made, and to disclose the amount of the donations they receive. [Read more…] about California’s Continuing Complicated Relationship with Direct Democracy
Last year, female Facebook users around the world updated their status messages with their bra color. Version 2.0 of this breast cancer awareness marketing strategy ran this year. Perhaps some things should be kept private. But what about our politics? As vast amounts of information goes digital – from individual campaign contributions to the personal communications of our officials – traditional notions of privacy are giving way to an era of sunshine in all aspects of our lives.
Enter (from stage right) Tim Eyman, a veteran ballot initiative activist in the state of Washington. If state-wide ballot initiatives create a de facto citizen legislature, then Eyman is the conservative Washington citizen’s whip. To get an idea on the ballot, initiative supporters must sign petitions, and give such information as their home addresses to verify they’re eligible to sign. [Read more…] about I Know What You Did Last Summer: Signed a Petition in Washington