State of Elections

William & Mary Law School | Election Law Society

Colorado

Return to Sender: Colorado’s Response to Controversial Election Mailer

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By: Anna Pesetski

COVID-19 has spurred a whole host of challenges in 2020 and the upcoming presidential election in November is no exception to these challenges. Given the concerns with voters travelling to the polls to cast their ballots in person, many states have opted for voting by mail. In response to the surge in mail-in voting, the United States Postal Service circulated a mailer to all fifty states and the District of Columbia containing information about the process of voting by mail. Top election officials in states across the nation have expressed concerns and frustrations with the mailer because its content conflicts with state election laws, likely causing voter confusion. The mailer has sparked controversy among Democrats, who have communicated growing fears that these mailers have been distributed out of political bias because of President Trump’s aversion to voting by mail. These fears have been exacerbated by the fact that Postmaster General Louis DeJoy has made large donations to the president’s campaign. [Read more…] about Return to Sender: Colorado’s Response to Controversial Election Mailer

Reconsidering the Recall in the Rockies

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By: Helen L. Brewer

Colorado is one of 19 states in which voters can recall elected officials from office at any time. Generally, recall elections occur when a certain percentage of a state’s population (determined by state law) signs a petition demanding a recall election be held. In some states, two elections are held: one in which voters must vote “Yes” or “No” on whether to recall the official against whom the petitions were directed, and a second election (if a majority of voters votes “Yes” in the first election) in which the recalled official’s successor is elected. In other states, including Colorado, these questions are placed on the same ballot – the recall process culminates in a single election. [Read more…] about Reconsidering the Recall in the Rockies

Voting from the Mailbox

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By: Matthew Catron

Voting can be cumbersome and inconvenient. Voters often experience long lines and crowded parking lots when they go to the polls to cast their ballots. Clearly, the inconveniences of voting can discourage voter turnout. Most people would consider this a small price to pay for democracy. However, Colorado is one of three states that has attempted to remedy this problem by conducting all-mail elections.

[Read more…] about Voting from the Mailbox

Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

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By: Angela M. Evanowski

On October 24, 2016, famous singer and actor Justin Timberlake found himself in trouble after posting a “ballot selfie” on his two social media accounts, Twitter and Instagram. Timberlake, who is registered to vote in Tennessee, flew from California to his home voting county and posted the selfies in order to encourage millennials and fans to vote. However, to the surprise of Timberlake, the state of Tennessee earlier this year passed a law banning voters from taking photographs or videos during the voting process. Luckily, for this famous former boy-band member, he is not going to face any criminal charges or punishment for posting his ballot selfies. [Read more…] about Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later