William & Mary Law School | Election Law Society
By: Chelsea Brewer
On November 8th, California voters will be faced with competing propositions affecting the fate of the death penalty in the State. Both propositions operate on “the premise that the system is broken” and claim that justice will be best served if passed. However, the voters’ options regarding the death penalty’s future are in direct conflict with each other.
By: Emily Hessler
Coloradans looking to limit the number of citizen initiatives on the state’s ballots are using an unlikely tool to achieve their goal: the citizen initiative. Supporters argue that a proposed measure on November’s ballot––Initiative 71––would “raise the bar” by making it more difficult to get citizen initiatives on Colorado’s ballots and by increasing the percentage of votes required to amend the state’s constitution.
Under Article V of the Colorado Constitution, the ballot initiative is a power “the people reserve to themselves.” Pursuant to this constitutional provision, Colorado citizens can petition to include proposals on general election ballots for new legislation––statutory initiatives––or for constitutional amendments––constitutional initiatives. Twenty-four states allow initiatives, but only sixteen permit that constitutional initiatives go directly on the ballot without first being presented to the legislature.
By: Ethan Emery
The month of October saw an election case with the potential for a serious impact on the 2016 election resolved in federal court. The result was a week-long extension of voter registration. This case arose in the aftermath of Hurricane Matthew as a direct result of the natural disaster’s effect on the state.
[Read more…] about Federal Court Order Leads to Last Minute Surge in Florida Voter Registration
By: Blake Willis
When the Fourth Circuit struck down North Carolina HB 589, the notorious law which toughened voter-ID requirements, limited early voting, and limited same-day registration, many who champion voter rights believed that North Carolina’s long-standing history as a state with suppressive voter laws may begin to change. However, that optimism may be short lived as North Carolina is now facing challenges on two other election law provisions.
By: Bethany Bostron
Along with the extensive campaign finance reform posed by Initiated Measure 22, South Dakotans will be deciding whether to amend the state constitution to have state legislative redistricting conducted by an independent commission. The constitution currently provides that the legislature itself conducts state legislative redistricting. The commission established under Constitutional Amendment T would be comprised of nine registered voters selected by the State Board of Elections in each redistricting year (currently every 10 years). These nine commission members would be selected from a pool of 30 applicants comprised as follows: 10 from the Democratic Party, 10 from the Republican Party, and 10 individuals not registered with either party. Each applicant must be registered or not registered with a party for the three years prior to appointment. Of the nine selected members, no more than three may belong to the same party. Commission members are barred from holding office in a political party or certain local or state offices for the three years before and three years after their appointment. The amendment calls for the new commission to redistrict the state in 2017, 2021, and then every 10 years. The new commission must comply with applicable state and federal law when drawing districts and allow for public comment on the proposed map. Attorney General Marty Jackley’s explanation of the amendment does not state any foreseeable challenges to the change.
[Read more…] about South Dakota Redistricting: Legislature or Independent Commission?