William & Mary Law School | Election Law Society
By: Matthew Hubbard
In 2014, Oregonians voted on Ballot Measure 90, which aimed to overhaul the state’s primary election system by establishing a nonpartisan blanket primary. A form of open primary, a nonpartisan blanket primary system requires all candidates for a political office to participate in a single primary. The top two vote getters from this primary advance to the general election, regardless of their stated party affiliation.
By: Cameron Boster
Background
Missoula, Montana, is a beautiful city. There are mountains in the distance, tall, deep-green trees everywhere, old buildings – and a rocky, white-swirling river moving through it. No reasonable person seeing Missoula for the first time would think to focus on the city’s current robo-call election law controversy.
This month, parents of students enrolled in Missoula’s schools received automated phone calls containing a message from Missoula’s mayor, John Engen. The content of the message is available on Youtube. In short, the message urges parents to vote on an upcoming bond, tells them where and how they can cast their ballot, and ends with this encouragement: “Thank you for everything you do to support your children, and to ensure a positive future for your family – and our wonderful community.”
By: Melissa Ryan
In 2013, Republican majorities in both houses of the Virginia General Assembly enacted a “voter ID law” that significantly restricts accepted forms of identification that voters must present before casting a ballot on Election Day. Now, officers at the election booths will require voters to present one of the following forms of photo identification: (1) a valid Virginia driver’s license; (2) a valid United States passport; (3) any photo identification issued by the Commonwealth, one of its political subdivisions, or the United States; (4) a valid student identification card containing a photograph of the voter and issued by any institution of higher education located in the Commonwealth; or (5) a valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business. Any voter that is unable to present an acceptable form of photo identification at the polls will be offered a provisional ballot, but the voter must deliver a copy of a proper form of identification to the electoral board by noon of the third day after the election. Provisional voters may submit copies by fax, e-mail, in-person submission, timely United States Postal Service, or commercial mail delivery.
By: Hayley A Steffen
The Supreme Court has famously asserted that the right to vote is “preservative of other basic civil and political rights.” Recognizing the right to vote is implicated in election law litigation, Congress enacted special procedures for adjudicating these claims under the Three-Judge Act of 1910. Now codified under 28 U.S.C. § 2284, one provision requires a three-judge district court to hear constitutional challenges to redistricting claims of any congressional or statewide legislative body. Although the statute reads that the single judge to whom the request for a three-judge panel is made “may determine that a panel is not necessary,” it is unclear under what standard the judge has the authority to do so. Next month, the Supreme Court will be called upon to clarify this standard in a case brought by a Maryland man challenging the state’s redistricting scheme.
By Lance Woods:
Pennsylvania’s decision to continue to keep the press from entering polling stations draws an arbitrary line and leaves room for foul play by ensuring that the voting process is not as transparent as possible. [Read more…] about Why leave room for foul play? The 10-Foot Requirement
