• Skip to main content
  • Skip to primary sidebar

State of Elections

William & Mary Law School | Election Law Society

Hide Search

state of elections

A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland

Election Law Society · February 12, 2018 ·

By: Zach Allentuck

The recent oral arguments for Gill v. Whitford left court–watchers unsure if the Supreme Court would strike down excessive partisan gerrymandering. Gill v. Whitford’s impact goes far beyond Wisconsin: as previously noted, there is a lawsuit against Maryland’s 6th Congressional District for excessive partisan gerrymandering. Though the 4th Circuit declined to throw out the congressional voting map that created the 6th Congressional District, the case does not end there. The 4th Circuit wants to wait and see how the Supreme Court rules in Gill v. Whitford before issuing a ruling, and the plaintiffs announced their intent to appeal to the Supreme Court. If the Supreme Court sides with the plaintiffs in Gill, what would happen to the Maryland case?

[Read more…] about A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland

She Doesn’t Even Go Here: Proof-of-Residency Requirements in Kansas Elections

Election Law Society · January 15, 2018 ·

By: Emma Dolgos

In May 2017, President Trump appointed Kris Kobach, Kansas Secretary of State, to a new Commission on Election Integrity to assist in the study of voter fraud, improper voter registration, voter suppression, and other voting irregularities. Just one month later, Kobach announced his campaign for governor of Kansas. Kobach’s public statements—both as Vice-Chair of the Commission and a gubernatorial candidate—have led to increased attention on Kansas’ state election laws, particularly the laws related to fraudulent voting.

While a number of civil rights groups have been targeting proof of citizenship laws in Kansas as they affect immigrants to the United States, few groups have given equal attention to proof of residence laws that affect current American citizens. The Kansas constitution requires a voter to reside in the state of Kansas. Further, Kansas Statutes Annotated § 25-407 states that residency encompasses a person’s place of habitation in which he or she has the “intention of returning.” The law, in its current form, hinges on the intent of each individual voter, which is arguably challenging for the state to disprove.

Proponents of this proof of residency law, including Kobach, argue that the law protects state elections from the undue influence of out-of-state voters. Kobach, in his criticism of New Hampshire elections, argues that voters have not met the legal requirements to obtain a state driver’s license and are therefore nonresidents of the state. These nonresidents do not have as much as an interest in or attachment to the state. The argument follows that nonresident votes constitute voting fraud because they are cast by ineligible voters and because they cancel out residents’ votes. This mirrors Kobach’s argument about Kansas’ proof of citizenship laws; he contends that “[e]very time an alien votes, it cancels out the vote of a U.S. citizen.” If too many nonresidents vote, they will have a disproportionate influence on state electoral outcomes.

However, opponents of Kansas’ residency requirement argue that the law is not tailored enough to solve the nonresident, fraudulent voting problem. While the law requires an intent to return to Kansas, it does not provide for a verification method. The County Election Officer determines whether an address is in located in the voting district, but the officer does not verify if the address corresponds to the specific voter. Election officers do not even have to ask for paperwork—deeds, leases, bills, and so on—connecting voters to a residence. Moreover, Kansas’ voter identification laws permit a voter to present a driver’s license from Kansas or from another state within the United states. Thus, election officials could not rely on a voter’s identification to indicate his or her intent to remain in Kansas for residency purposes. This dilemma seemingly makes the intent of a resident unprovable. People can openly abuse the law by claiming intent to return to an address “they no longer own and no longer have any legal right to occupy.”

These deficiencies in administration of the law begs the question, what is necessary to demonstrate an intent to return to Kansas? Perhaps Kansas should follow the lead of New Hampshire, the very state Kobach criticized for its ineffective residency laws. To give teeth to the law, the Kansas legislature could consider adding a provision requiring voters to provide documentation tying the voter to the address. For college students, documentation might include proof of enrollment or a “room-and-board” receipt rather than a utility bill or deed. Further, a backup mechanism would need to be set up for those voters who could not produce documentation at the time of registration.

There are legitimate concerns with ineligible voters canceling the power of valid voters in both state and federal elections. While attention predominantly goes to noncitizen voting laws, it is important to remember that valid voters can be harmed by residents from other states voting in Kansas or by residents from one county voting in another. A resident from Kansas likely would not want a New York resident choosing their representatives. That New York resident doesn’t even “go” to Kansas in the sense that she arguably does not share the same interests and concerns as a Kansan.

Since Kobach has drawn national attention to nonresident fraud problems in New Hampshire, it seems imperative that he—and the Kansas legislature—seriously discuss the future of their own proof of residence provision.

 

Show-Me Your Voter ID

Election Law Society · November 29, 2017 ·

By: Victoria Conrad

The phrase “I am from Missouri. You have got to show me” struck a new chord to voters this June.

June brought a new era for elections in Missouri: voters are now required to show identification to fill out a ballot. After decades of battling over a voter identification law, Republicans in the state legislature finally got their way. [Read more…] about Show-Me Your Voter ID

Who Would Dare Hack Delaware?

Election Law Society · November 27, 2017 ·

By Dorronda Bordley

As the investigation of Russia’s role in the 2016 Presidential election continues, the Department of Homeland Security (DHS) finally announced which states experienced hacking attempts within the last year. Among those targeted was Delaware. With only three Electoral College votes and a consistent Democratic voting record in the last seven presidential elections, it is bizarre to see Delaware in the company of swing states like Wisconsin, Virginia, and Pennsylvania. However, unlike Virginia, which is updating its voting system to ensure election security, Delaware is updating its voting system for a very different reason: efficiency. [Read more…] about Who Would Dare Hack Delaware?

Continuing One-Hundred Years of Federal Disenfranchisement in Puerto Rico

Election Law Society · November 22, 2017 ·

In 1917 President Woodrow Wilson signed the Jones Act granting Puerto Ricans American citizenship. Last June 11th Puerto Rico held its sixth plebiscite (popular vote) on altering its territorial relationship with the United States. This was Puerto Rico’s fifth plebiscite on this issue in twenty-six years. While 97% voted in favor of Puerto Rican statehood, as a result of political boycotts, only 23% of the eligible voters participated. Voter turnout in previous plebiscites ranged from 60% to 78%. [Read more…] about Continuing One-Hundred Years of Federal Disenfranchisement in Puerto Rico

  • « Go to Previous Page
  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Go to page 4
  • Go to Next Page »

Primary Sidebar

Pages

  • About Us
  • Election Law Glossary
  • Staff History
  • Links
  • Archived Pages
    • Citizens United + The States
    • Virginia Redistricting Competition

Search

View Posts by State

Archives

Tags

2016 Election 2020 Election Absentee ballots absentee voting Ballot Access ballot initiative Campaign Finance Citizens United Colorado Disenfranchise disenfranchisement Early Voting Election 2016 Electronic Voting Felon Voting Rights First Amendment Gerrymandering in-depth article judicial elections mail-in voting National Voter Registration Act North Carolina photo ID primary election Redistricting Referendum Registration Secretary of State state of elections Supreme Court Texas Virginia Vote by mail Voter Fraud Voter ID Voter Identification voter registration Voter Turnout voting voting and COVID Voting Machines Voting Rights Voting Rights Act VRA William & Mary

Blogroll

  • Election Law Issues
  • William & Mary Law School
  • Williamsburg Redistricting – "The Flat Hat" article

Friends

  • W&M Election Law Program

Contact Information:

To contact us, send an email to
wmstateofelections@gmail.com

Current Editorial Staff

Brendan W. Clark ’24, Editor-in-Chief
Rachel Clyburn ’24, Editor-in-Chief

State of Elections

Copyright © 2025 · Monochrome Pro on Genesis Framework · WordPress · Log in

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok