State of Elections

William & Mary Law School | Election Law Society

Campaign Finance

Could Citizens United be a Paper Tiger?

· ·

Is it possible that the Supreme Court’s ruling in Citizens United v. Federal Election Commission was all bark, no bite?  It may be too early to tell, but at least in the race for Virginia’s 2nd congressional district, the ruling has yet to make a discernible impact.

Citizens United, handed down last January, invalidated portions of the Bipartisan Campaign Reform Act of 2002 which regulated so-called “electioneering” communications on First Amendment grounds. The reaction to the court’s decision was swift and sharply divided. The Wall Street Journal celebrated the ruling as a victory for free speech, writing, “[i]n a season of marauding government, the Constitution rides to the rescue one more time.” The conservative Cato Institute lauded the ruling, opining that it was a recognition of the principle that “equalizing speech is never a government interest.” On the other end of the spectrum, the New York Times openly lamented the decision, saying it marked a return to “the robber baron era of the 19th century.” People for the American Way went so far as to call for a constitutional amendment overturning the decision. [Read more…] about Could Citizens United be a Paper Tiger?

Weekly Wrap-Up

· ·

Did Michelle Obama violate Illinois state election law? After Michelle Obama turned in her early voting ballot yesterday, she stopped outside the voting booth to take pictures with people in the area, including an electrician, Dennis Campbell. According to Campbell and a reporter who was nearby, Michelle stated that it was very important that he vote “to help keep her husband’s agenda going.” Illinois state law (Sec. 17-29 (a)) states that “No judge of election, pollwatcher, or other person shall, at any primary or election, do any electioneering or soliciting of votes or engage in any political discussion within any polling place, within 100 feet of any polling place.” White House press secretary Robert Gibbs responded to the accusation by stating that “I don’t think it would be much to imagine, the First Lady might support her husband’s agenda.”

Charges were filed against a Maryland man, Jerry Mathis, for distributing an official-looking sample ballot that turned out to be fake.  The false ballots alarmed several candidates when they saw that the wrong matchups were checked.  Under Maryland law, Mr. Mathis could be facing a maximum of one year in jail and a $25,000 fine. [Read more…] about Weekly Wrap-Up

Weekly Wrap Up

· ·

Due to a loophole in Florida election law, a violation can go without any punishment. On September 30, a Florida District Court of Appeals ruled that because the statute allowed candidates to opt for an administrative hearing regarding their violations but didn’t give those courts the power to levy sanctions, candidates could violate election law and not be penalized. This was caused by a “glitch” in the legislation and was not intentional. Florida Election Commission Chairman says that it won’t affect the cases for this year’s elections because the legislature will have an opportunity to fix it before they’re heard.

According to the 9th Circuit, Washington doesn’t discriminate against minorities in prison. The Court ruled on October 7 that the Washington felon disenfranchisement law, which prohibits incarcerated felons from voting, does not constitute discrimination despite disproportionately affecting minorities. In January, a three-judge panel of the 9th Circuit held 2-1 that incarcerated felons should be allowed to vote. Sitting en banc to reconsider the decision, the Court unanimously upheld the law. The Court ruled that the felons must show “intentional discrimination” on the part of the state and not merely that the law does discriminate, something the prisoners failed to do in this case. [Read more…] about Weekly Wrap Up

Weekly Wrap-Up

· ·

Virginia governor Robert McDonnell is outpacing his Democratic predecessors in restoring voting rights to felons. McDonnell, known as a law-and-order attorney general, has approved 780 of 889 applications — approximately 88 percent of applications — since taking office in January. His predecessors, Democrats Timothy Kaine and Mark Warner, restored the rights of 4,402 and 3,486 felons, respectively. McDonnell revamped the process for restoring voting rights to felons, reducing the wait time for nonviolent felons to two years, allowing applicants to submit documents online, and self-imposing a deadline of 60 days after the application is complete to make a decision. Even as this process continues, however, 300,000 people in Virginia remain disenfranchised.

Rahm Emanuel may be out of a job. The same day that the White House announced he was leaving his post as Chief of Staff to run for mayor of Chicago, attorney Burt Odelson pointed out a 1871 law requiring candidates to live in their jurisdiction for the year before the election. Since Emanuel leased out his house in Chicago while he was working in DC, this may block him from running for Mayor.
[Read more…] about Weekly Wrap-Up

Weekly Wrap-Up

· ·

Fox News wants to make sure their viewers know they don’t endorse Democrats. The network has sued Democratic Senate candidate Robin Carnahan for copyright violations based on a campaign ad. Fox News wants to ensure that the public knows the network has not endorsed a candidate in the Missouri race and says the ad, which shows Chris Wallace interviewing Carnahan’s opponent about allegations that he acted improperly while in Congress, makes it appear that Wallace is speaking on the side of the campaign. The suit is considered by some experts to be the first case where a media outlet has sued a political campaign over copyright violations. There are also concerns that this is not a true copyright concern because, according to copyright lawyer Ben Sheffner, copyright disputes are about revenue not reputation damage. The ad has been pulled from the web and YouTube, but is still airing on television. The case is currently pending in federal courts.

Dreaming of a Third Party? Libertarians in Georgia are dreaming of a permanent place on the ballot. Their gubernatorial candidate, John Monds, is polling at 9% while the Republican candidate, Nathan Deal, continues to have financial problems. If Monds can capture over 20% of the vote, the Libertarians will be considered a “political party” under state election law, allowing them to hold primary elections and be guaranteed ballot access in future races. In the past, no Libertarian candidate for governor has surpassed 4% of the vote. Read about it here.

[Read more…] about Weekly Wrap-Up