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Weekly Wrap Up

Election Law Society · January 28, 2011 ·

Emanuel got the green light for candidacy: Rahm Emanuel can run for Chicago mayor, after a unanimous decision by the Illinois Supreme Court. The Court found that he meets the residency requirements because he paid taxes and maintained a residence he planned to use as his permanent residence–even though he rented it out–in Chicago while working in the White House.

Every vote counts in Ohio: A three-judge panel of the Sixth Circuit Court of Appeals ruled on January 27 that ballots improperly cast because of errors by poll workers must be counted in the judicial election in Hamilton County. Although the exact number of ballots that must now be counted is unknown, Democrats claim it could be in the hundreds. Republican John Williams currently leads by 23 votes.

Is there a fight brewing over Fair Districts in Florida?: In one of his first acts as governor, Rick Scott withdrew the request to the Justice Department to approve the redistricting amendments passed by voters in November. The amendments are also currently being challenged in court in a lawsuit filed by two U.S. Representatives from Florida.

over at the service

Weekly Wrap Up

Election Law Society · October 29, 2010 ·

Is World Wrestling Entertainment political advertising?  According to election officials in Connecticut, it is.  They have told poll workers that they can ask voters wearing WWE gear to cover it up, fearing that it could be construed as political advertising for Republican Senate candidate Linda McMahon, who is also the former CEO of WWE.  Officials said that McMahon is so closely associated with WWE that the gear could easily be considered a violation of rule banning political campaigning within 75 feet of a polling station.  McMahon’s husband, Vince McMahon, said that this was a violation of WWE fans’ First Amendment rights and would deny them their right to vote.  Connecticut Republicans are also up in arms, with the State Party Chairman calling the action “voter intimidation.” This is not unprecedented, however; a similar rule was in place in California, forbidding voters from wearing “Terminator” gear when Arnold Schwarzenegger was on the ballot.

The 9th Circuit struck down part of Arizona’s voter registration laws on October 27, holding that the provisions of the law requiring proof of citizenship conflicted with the federal law. The federal law only requires that applicants “attest their citizenship under penalty of perjury”, while the 2004 voter-approved initiative in Arizona required applicants to register to vote to show proof of citizenship by providing one of the documents on the approved list. The citizenship requirement was “an additional state hurdle” to registration, something the federal law was trying to prevent. The 9th Circuit appeals panel–which included retired Supreme Court Justice Sandra Day O’Connor–did not, however, overturn the requirement that voters show identification at the polls in order to vote. [Read more…] about Weekly Wrap Up

The Tea Party and Voter Fraud

Election Law Society · September 22, 2010 ·

In anticipation of the impending midterm elections, officials from various Tea Party affiliated groups are concerned that Republicans are losing elections because of voter fraud. Dick Armey, former Republican Congressman, recently asserted that up to 3% of the votes Democrat’s received in 2008 was illegitimate.

Ignoring for a moment that most voting experts refute these claims, the debate is interesting for several reasons. First, it shows the ever-increasing role the Tea Party plays in the Republican Party, a dynamic certain to have a huge impact in November. This broad discussion, however, has been extensively covered by the national news media, so we don’t need to get into it now.

Second, it illustrates the importance of conducting fair and open elections. If these claims have any basis in fact, the implications would be staggering.  The 2008 election cycle fundamentally altered the direction of local, state and national politics, as Democrats dominated, even in traditionally Republican districts. If for some reason that move was illegitimate, it would change our view of the direction American politics. Perhaps that is what these claims are really all about – the Tea Party questioning whether 2008 was really an indication that the country moving to the political left. [Read more…] about The Tea Party and Voter Fraud

Tidewater Roots Poll Project

Election Law Society · September 3, 2010 ·

http://stateofelections.pages.wm.edu/files/2010/09/tidewater1.jpg

Previous articles on Stateofelections.com have mentioned the “graying” of America’s poll workers.  The average age of a poll worker is 72, and  they obviously are not getting any younger.  Even more depressingly, precincts across the nation are overworked and shorthanded.  According to the Leadership Conference on Civil Rights, poll worker error was responsible for over 1 million lost votes.  That’s one million voters effectively disenfranchised because of our rapidly aging poll worker population.  It is clear that America needs a new generation of voters to step up and take on this important civic responsibility.

To that end, the William & Mary Election Law Program is pleased to announce its latest initiative, the Tidewater Roots Poll Project. The goal of the Project is to recruit 240 college students from 6 schools across the Tidewater region: William & Mary, Hampton University, Regent University, Norfolk State University, Old Dominion University and Christopher Newport University.  These students will be trained as election officials and introduced to experienced poll workers to spark an appreciation for the tradition of civic involvement of the region.  The project will be documented in oral history videographies featuring the students and their interactions with experienced poll workers.

Ultimately, our mission is not just to get 240 college students to work this election day, but to inspire them to make a lifetime commitment to participatory democracy.

To learn more about the program, or if you are a student at one of those six schools who wants to get involved, visit the project’s website at Tidewaterroots.com.

Permalink: http://stateofelections.pages.wm.edu/?p=1799

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Solving the Epidemic of Disappearing Poll Workers – Part 2: A Poll Worker Draft?

Election Law Society · April 21, 2010 ·

poll 2

As discussed last week, the graying of America is seen most potently behind the polls. The decreasing numbers of poll workers across the nation has been threatening the centerpiece of our democracy. The first article focused on how young people can and should fill that void. This week, we take a look into a less conventional method of filling the need: Making poll working mandatory.

Currently, there are only two counties in the entire country that uses a drafting system for poll workers. Nebraska law allows for a draft and both Douglas and Sarpy County have taken part. At least one other state has considered the idea of a poll worker draft. In 2007, Ohio’s Secretary of State, Jennifer Brunner, announced the idea, but was eventually met with considerable criticism from the legislature. The word “draft” itself has a grim, scary, and negative connection in our country. However, there are many positives that could come from instituting a poll-worker draft in a jurisdiction in need. Lets call it election duty (like jury duty) to make it more palatable.

HOW COULD A DRAFT HELP?

The problem of long hours at the polls plagues every jurisdiction. It is a little discussed fact that anyone who offers to become a poll worker must work from about an hour before the poll opens to after the poll closes in the evening. Not many people would sign up for these long hours, even when payment is offered (which often comes out to very near minimum wage). However, a election duty system would help not only to alleviate the general need, but with a high participation rate, everyone who participates would have an easier job. In one district where it might take four people 14 hours of work each, 8 citizens could be pulled to work 7 hours and even get regular breaks. From another perspective, this would also make election duty less demanding. A less daunting task for those who choose to participate would help the image of election duty. [Read more…] about Solving the Epidemic of Disappearing Poll Workers – Part 2: A Poll Worker Draft?

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