State of Elections

William & Mary Law School | Election Law Society

Recount

Rage Against the (Voting) Machines: Pennsylvania’s Ongoing Battle for Secure Ballots

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By: Kira Simon

“Green Party’s Jill Stein threatens legal challenge to Philly’s new, $29M voting machines.” At first glance, this may sound like a headline from the 2016 election. In fact, it’s a headline from October 2, 2019. Readers of this blog likely remember that Stein settled a lawsuit with Pennsylvania stemming from a state recount of the 2016 election. Why this is still in the news? Let’s run through Pennsylvania’s recent history of voting machine troubles. [Read more…] about Rage Against the (Voting) Machines: Pennsylvania’s Ongoing Battle for Secure Ballots

Release from a Political Life Sentence: How Florida Voters Approved the Largest Enfranchisement in 47 Years – Part I

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By: Zach McDonnell

In the 2018 midterm elections, Florida had such close elections that both its Senate and Governor’s races appeared headed for a recount, even several days after November 6. One election in the state, however, presented a resounding victory for a population that’s not used to seeing very many wins, in court or in the political process: convicted ex-felons. 64.5% of Florida voters approved of Amendment 4, a Florida state constitutional amendment that will automatically restore the voting rights of at least 1.4 million people—the single largest enfranchisement of Americans since the ratification of the Twenty-Sixth Amendment in 1971. Now, all felons—with the exception of those convicted of murder and felony sexual offenses—will automatically have their voting rights restored upon the completion of their sentences, including probation and parole. Those convicted of murder and sex offenses will instead be relegated to the restoration system that, prior to Amendment 4’s passage, all Florida ex-felons had to endure.

[Read more…] about Release from a Political Life Sentence: How Florida Voters Approved the Largest Enfranchisement in 47 Years – Part I

Hitting Pause on Ballot Initiatives: How State Legislatures Can Ensure Good Citizen Lawmaking While Still Respecting Popular Will

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By: Reeana Keenen

In my last post, I discussed the merits and drawbacks of ballot initiatives as a form of direct democracy. The main contention with ballot initiatives is whether, in practice, they reflect popular will. In D.C. this past summer, the D.C. Council cited this concern when they decided to overturn Initiative 77, which had been approved by a 12 percent margin of voters in the same election that allowed many of those same Council members to secure their Council seats. The Council claimed the low turnout in the primary election on which the ballot measure appeared was so low it could not reflect the true will of the people. The Council further claimed that Initiative 77 passed with too narrow a margin to allow it to stand.

[Read more…] about Hitting Pause on Ballot Initiatives: How State Legislatures Can Ensure Good Citizen Lawmaking While Still Respecting Popular Will

The High Cost of Recounts in Michigan: Will Candidates Take the Risk?

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by Jillian, Contributor

A new state bill may make it more difficult for Michigan candidates to pursue recounts after elections. On September 19, 2013, the Michigan House of Representatives passed House Bill 4833 (HB 4833). The bill received bi-partisan support and had a high passage rate of 95-9. The Michigan Senate is now considering the bill. [Read more…] about The High Cost of Recounts in Michigan: Will Candidates Take the Risk?