Referendum

District of Cannabis: Legislative Tampering in the Nation’s Capital

Election Law Society · November 23, 2015 ·

By: Randolph Critzer

The nation watched last November as the District of Columbia passed an ordinance legalizing marijuana for private use. The ordinance, passed by referendum, was voted into effect on November 4th, 2014, and went into effect this past February. This creates a bit of a confusing situation for D.C., which, unlike the other 4 jurisdictions that have legalized the drug, still sits at the end of Congress’s leash.

Nebraska’s Death Penalty Saga: Referendum on the Plains

Election Law Society · November 16, 2015 ·

By: Eric Sutton

Background and the Referendum Process

On Wednesday, May 27^th, 2015, the Nebraska Unicameral Legislature eliminated capital punishment through LB 268. The bill was approved over a veto by Governor Pete Ricketts, by a no-votes-to-spare 30-19 margin, and marked the end of State Senator Ernie Chambers’ 39-year effort to end the death penalty in Nebraska. The repeal made Nebraska the first conservative state to eliminate capital punishment in more than 40 years. However, immediately after the repeal, State Senator Beau McCoy, a conservative, expressed his frustration over the vote and announced his intent to pursue a ballot initiative to reinstate the death penalty. Less than one week after the repeal and Sen. McCoy’s statements, a group named Nebraskan’s for the Death Penalty (“NFDP”) filed the appropriate paperwork with the Secretary of State to reinstate the death penalty by referendum.

MD Court: Dream Act Referendum Appropriate, Not Appropriation

Election Law Society · October 26, 2012 ·

by Anna Killius

In the 97 years since Maryland amended its constitution to allow for referendums, citizens have successfully put legislation to a popular vote only 13 times. Often, petitions failed to collect the necessary number of validated signatures, but the modern use of online petitions has facilitated the collection of signatures, accounting for up to 40% of those validated by the state Board of Elections. Consequently, Maryland citizens will soon have the opportunity to vote on three referendums, an unprecedented number, targeted at defeating the expansion of in-state tuition coverage, gay marriage equality, and a congressional redistricting plan. Proponents of the challenged measures have turned to the courts in an effort to prevent the referendums from reaching the November ballot. [Read more…] about MD Court: Dream Act Referendum Appropriate, Not Appropriation

Montana to vote on Supreme Court justice elections

Election Law Society · April 11, 2012 ·

by Elderidge Nichols

On April 18, 2011, the Montana state legislature passed SB 268 which calls for a referendum vote to determine the future of elections for the Montana Supreme Court. On June 5, 2012, on the 2012 Primary Election Ballot, voters in Montana will determine whether Montana will begin to elect Supreme Court justices by districts.

Although the Montana state senate passed SB 268 the Attorney General’s office and Secretary of State are statutorily obligated to approve of the language of the Statement of Purpose designed to explain the purpose of the referendum. Andrew Huff, Assistant Attorney General of the state of Montana, passed along a copy of the accepted language. The Statement of Purpose reads:

The Montana Supreme Court is composed of seven justices, one of whom is Chief Justice. Under current law, the justices are elected statewide and each Montanan votes for all seven positions. LR-119 would change existing law so that each justice is elected from one of seven districts of approximately equal population, with the Chief Justice then chosen from the seven by majority vote of the justices. Only Montanans living in each district would vote for their district’s justice. Justices must reside in their district when initially elected. [Read more…] about Montana to vote on Supreme Court justice elections

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.

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