On May 6, 2021, Governor Ron DeSantis of Florida signed Senate Bill 90 into law. While the Governor and his Republican colleagues in the Legislature heralded SB 90 for its election integrity and transparency measures, critics called foul, or rather “voter suppression.” SB 90 is Florida’s contribution to a flurry of state-led reforms sparked by the national discourse on the validity of the 2020 election. As a result of SB 90, the U.S. District Court for the Northern District of Florida now has a substantial election law docket. Petitioners assert a variety of claims (including ADA, Equal Protection, and Fifteenth Amendment claims), with claims regarding Section 2 of the Voting Rights Act featuring prominently.
By: Allen Coon
It was an early Tuesday morn when the Commonwealth awoke to an October surprise all of its own: on October 12th, the last day for eligible Virginians to register to vote in the November 3rd General Election, a Chesterfield County utilities crew accidentally severed a cable providing online connectivity for multiple Commonwealth agencies—including the Virginia Department of Elections. Prospective voters who had hoped to register or update their registration online were denied the option, with no alternative but to register in-person by 5:00 p.m.
In October 2016, when a similar technological malfunction prevented applicants from registering online, such a glitch may have posed a burden for citizens with limited or no transportation access or employment flexibility. Now, during a global pandemic, the unavailability of online registration also required all in-person applicants—and specifically elderly, poor, disabled, and minority Virginians (all vulnerable populations)—to unnecessarily risk exposure to COVID-19.
By: Will Cooke
The regulation of political activity in Arizona took a contentious turn over the summer of 2015. What began as a disputed fine levied against an independent group known as the Legacy Foundation Action Fund after the 2014 gubernatorial election, now pits two prominent regulatory agencies against each other in a battle over the regulation of independent expenditures and the groups who run them. The ad in question focused its criticism on the U.S. Conference of Mayors and its president, Scott Smith. Though the ad ran in multiple states across the country, its message proved especially relevant for Arizonans who were considering Scott Smith, then the mayor of Mesa, AZ, as a candidate for governor in the Republican Primary. Shortly after the election, the Citizens Clean Elections Commission determined the ad constituted an “independent expenditure” advocating for the defeat of Scott Smith and imposed a $95k fine on the Foundation for failing to disclose their spending as a campaign expense.
By: Melissa Ryan
Virginia holds elections every year in November: Year 1 for Governor (most recently 2013); Year 2 for the U.S. Congress (2014); Year 3 for the Virginia legislature and statewide and local offices (2015); and Year 4 for the President and U.S. Congress (2016).