State of Elections

William & Mary Law School | Election Law Society

First Amendment

Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

· ·

Campaign finance reformers have spent much of 2010 fighting in the courtroom. Across the nation, campaign finance laws are being challenged in the courts.

Some decisions, like Citizens United, came down from the Supreme Court and affect every election, from the national level on down. But there have also been several court decisions across the country that changed the complexion of local and state primaries and might shape the upcoming November elections. In states as diverse as Kentucky, Washington, and California, federal courts have ruled on spending limits for both individuals and corporations. Some courts have found these limits unconstitutional by following Citizens United; others have upheld the limits, citing interests noted by the Supreme Court in their decision. [Read more…] about Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

Know Campaign Update

· ·

In January, we brought you a piece about the Know Campaign and the privacy of your voting history. This post is an update on the lawsuit and changes to the statute:

Here’s a quick rundown of the situation: a non-profit wants to increase voter turnout by telling neighbors who voted in which election. Studies show that it would work. Turns out, only candidates and parties can legally get access to that information (the reality is another thing…). Virginia’s State Board of Elections tells the non profit to stop and they do. Then the non-profit sues b/c the voter history list should be open to all or closed to all.

Two weeks ago the lawsuit was dismissed in the Richmond Circuit Court. According to Bill Sizemore of the Pilot, a settlement was reached, though the group promised to re-file the suit if the law wasn’t changed to allow wider access to the information.

But there’s no guarantee that the changes to the statute will include wider access to the list. A legislative subcommittee has recommended that the list be closed to everyone, according to the Times-Dispatch’s Tyler Whitely. A list closed to everyone means that even candidates wouldn’t have access to a voter’s history either.

To legislators who want to save stamps or avoid knocking on the doors of their unpersuadable neighbors – this would be a huge problem. Campaigns already cost plenty, and according to some legislators this would drive up the cost of their races.

On the flip side of candidate convenience is voter privacy. While at first blush this may sound like the fox guarding the hen house, remember there are plenty of privacy advocates in the Virginia legislature who don’t have regular, expensive races to keep their seats.

The legislative session should end soon, so we’ll have an answer about what the elected officials think on this issue. The next move will be the Know Campaign’s.

Brian Cannon is President of the William & Mary Election Law Society

The death http://www.essayclick.net/ of his daughter, as the story demonstrates, shocked him terribly?

Voter Privacy and the Know Campaign

· ·

I get tons of political mail.  Most of it I don’t read – after all, it contains little useful information.  But if someone mailed me this, it would surely catch my eye:

political-campaign-mail“Below is a partial list of your recent voting history — public information obtained from the Virginia State Board of Elections…We have sent you this information as a public service because we believe that democracy only works when you vote.”

What if this mailing also contained information about my neighbor’s voting history in order for me to encourage/shame him into voting in the upcoming election?

This is exactly what the Know Campaign in Virginia sought to do this election cycle before legal action stopped them in their tracks.  To read more about that, check out the Washington Post’s story here.  The Know Campaign’s press release that started all of the excitement is here. [Read more…] about Voter Privacy and the Know Campaign