State of Elections

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Weekly Wrap Up

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Vote Early, Vote Often (Even if You’re Dead): An 81-year-old Oregon man was sentenced to 12 months in jail and a $5,000 fine for voting as both his deceased brother and son.

SAFE Voting in Kansas: Kansas’ Secretary of State Kris Kobach unveiled the Safe and Fair Elections (SAFE) bill January 18 that would require voters to show ID at the polls and proof of registration when registering for the first time.

Provision Ballot Chaos in Ohio: In a case that may end up in front of the Supreme Court, a U.S. District Court and the Ohio Supreme Court issued conflicting rulings on some provisional ballots cast at the wrong precinct in the November elections.

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Getting Carded: The Debate over Voter ID Law in Oklahoma

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On November 2, Oklahoma voters will confront a long list of state referendum items on which they may vote “yes” or “no.”  Second on the list—tucked between per-student educational spending and revised term limits—is State Question 746, which proposes to amend the state’s voter identification requirements.  Supporters tout the measure as a necessary and low-maintenance way to keep state elections honest.  After all, we require a photo ID for any number of mundane daily transactions, like writing a check or boarding an airplane.  However, a small but impassioned group of opponents argues that while seemingly harmless, in reality the voter ID requirement is the partisan enactment of a runaway legislature, and it threatens the most basic of Oklahomans’ constitutional protections.

If Oklahomans vote “yes” on State Question 746, then effective on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements would apply to all in-person voting, including in-person absentee voting. [Read more…] about Getting Carded: The Debate over Voter ID Law in Oklahoma

Weekly Wrap Up

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Are red light cameras racist? According to American Traffic Solutions, they are. ATS opposes a ballot initiative to add red light cameras in Baytown, Texas, saying it will encourage conservative voters to come out in larger numbers for the November election and weaken the power of minority voters. A hearing is currently scheduled on a motion to stop the election.

Chicago Mayor Richard M. Daley announced he will not be seeking re-election in February 2011. February’s election will be the first time in 64 years that an incumbent is not running for mayor in Chicago. One of the rules set by the Chicago Board of Elections for Mayoral candidates is that they must have lived in the city of Chicago for at least the last calendar year. Does this rule out Rahm Emanuel as a candidate? Read more about the rules to run for mayor here.

This report was recently released and may be interesting to anyone who wants to look at the “threat posed by money and special interest pressure on fair and impartial courts” (quote by William & Mary Chancellor Sandra Day O’Connor). The report looks at the past decade of judicial campaign spending and analyzes some the challenges and threats to our judicial system because of this funding.

The Georgia Supreme Court is looking at the constitutionality of the new voter identification law the Department of Justice approved two weeks ago. Georgia, along with Arizona, checks the citizenship of people who register to vote against Social Security and DMV records. Proponents claim that it blocks illegal immigrants from voting, while critics argue that it could hinder minorities who are legal citizens from voting. The Georgia Supreme Court heard arguments on Tuesday, September 7.

The Green Party in Arizona has filed suit against several state election officials, requesting that some of the nominees on their ballot be removed and to change an Arizona law that allows people to join a minor party’s ballot with only one write-in vote.  They allege that these nominees were recruited by Republicans to siphon votes away from the Democrat Party.  Steve May, on the Republican ballot, says that he recruited drifters and street performers in Tempe to run as Green Party candidates, but that they are part of a valid political movement.

Democrats in Vermont are facing a shortage of volunteers as they try to recount the results of the primary.  A number of the over 600 volunteers who originally signed up backed out when they found out they needed to commit to a full day of counting.

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in election law.

– Check out our CU + and the States page to track the latest state responses to the Citizens United ruling.  The page is constantly updated and contains over 50 links discussing the impact of Citizens United at the state level.

-The Rose Institute released this state by state guide to redistricting in America.

– Georgia’s photo identification requirement for voting has survived another legal challenge.

– Florida will begin providing bilingual ballots in 2012.

– An Idaho judge has ruled that Idaho’s election laws are unconstitutional and biased against independent candidates.  An independent presidential candidate requires 6,500 signatures to get on the ballot in Arizona, but nonresidents are forbidden from circulating petitions in Idaho.  These two laws combined to make it particularly difficult for an independent to get on the ballot in Idaho.


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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in state election law.

– Gerry Hebert, one of the panelists at our recent election law symposium, wrote this article about a recent legislative effort to undermine Fair Districts Florida.  Fair Districts Florida is an organization dedicated to fixing the redistricting process and the prevention of  gerrymandering.

– In Virginia, there is growing confusion about the restoration of felon voting rights.  Earlier this week, the governor’s office sent letters to 200 ex-felons, telling them that they would need to submit an essay as part of the application process for the restoration of their voting rights.  On the 14th, Governor McDonnell claimed that the letters had been sent in error, and that the essay requirement was simply a “draft policy proposal“.  Of course, this is only the third most controversial retraction the Governor has issued in the last month.

– A bill that would require voters to show photo identification before casting a ballot has received first round approval from the Missouri House. A previous photo ID law in Missouri was struck down by the Missouri Supreme Court for being a “heavy and substantial burden on Missourians’ free exercise of the right of suffrage.”

– In Cleveland, an elections board test of voting machines has produced alarming results.  About 10% of voting machines failed the test, and the state has less than a month.

– Maryland has become the first state to count prison inmates as residents of their home address, instead of counting them as residents of their prison location.  The U.S. Census considers inmates to be residents of their prison, a practice that has been criticized as distorting the population count and leading to unfairness during the redistricting process.

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