State of Elections

William & Mary Law School | Election Law Society

Voter ID

An Extended Vacation for Pennsylvania’s Voter ID Law

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by Joshua Bohn, Contributor

On August 16, 2013, Pennsylvania Judge Bernard McGinley issued a preliminary injunction to block Pennsylvania’s Voter ID Law from affecting Pennsylvania elections in November. This preliminary injunction was the result of a lawsuit, Applewhite v. Commonwealth. Though the trial concluded on July 31, 2013, the judge is still deliberating on whether a permanent injunction is appropriate. However, the preliminary injunction made it clear that Pennsylvania voters will not be required to show poll workers photo identification in order to vote in the 2013 November general election. The  injunction also restricted the voter ID law’s “soft rollout” features. These features would have required poll workers to inform voters that they would need photo ID to vote in the next election. The judge’s recent preliminary injunction does away with this requirement. Poll workers may still ask to see photo ID, but the voters still do not have to produce it in order to vote.  [Read more…] about An Extended Vacation for Pennsylvania’s Voter ID Law

Hurricane Sandy and Election Day in New York: What Can we Learn From Disaster?

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by Emily Lippolis

Big storms tend to bring out the Eagle Scout in all of us. Nature reminds us that we are not always in control of our access to basic necessities and our ability to move freely so we stock up and hunker down. When the storm passes, most of us end up a little better off. Now we know what our contingency plan is, we have canned goods and bottled water for the next storm, and we figure out what needs to be fixed around the house. You would think that the lessons most people learn from natural disasters would also inform our voting system, but sadly, they have not. If Sandy has taught us anything, it has been how weak our system is when it comes to overcoming disasters.  [Read more…] about Hurricane Sandy and Election Day in New York: What Can we Learn From Disaster?

A Shift in Federal Power? Supreme Court to hear Arizona’s Citizenship Requirements for Voter Registration

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by James Adam

Arizona law requires individuals to present documents proving U.S. citizenship in order to register to vote. Acceptable proof includes a photocopied birth certificate, photocopied pages of a passport, U.S. naturalization papers or Alien Registration Number, an Indian Census number, Bureau of Indian Affairs card number, Tribal Treaty Card/Enrollment Number, or a photocopy of one’s Tribal Certificate of Indian Blood or Tribal/Bureau of Indian Affairs Affidavit of Birth.  Any change of residence between Arizona counties requires subsequent proof of U.S. citizenship.

In April, the United States Court of Appeals for the Ninth Circuit in San Francisco struck down this Arizona law.  The court declared that federal voting laws requiring only that the applicant sign their name to verify US citizenship supersedes local election law.  In June, the Supreme Court overturned a stay of the decision, and Arizona was unable to require proof of citizenship for registration in the November 2012 election cycle.  However, the state can still urge voters to fill out Arizona registration ballots requiring this proof, but they may not bar an individual from simply registering by merely swearing their citizenship under the federal form.  Also at the time of this decision, the Ninth Circuit upheld Arizona’s photo identification requirement.  The Supreme Court will hear the citizenship arguments early next year. [Read more…] about A Shift in Federal Power? Supreme Court to hear Arizona’s Citizenship Requirements for Voter Registration

The Battleground 2012: ID Required to Vote! No Scratch That, Not Until Next Year

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by Jenna Poligo

On October 2, 2012 Judge Robert Simpson issued a preliminary injunction prohibiting the enforcement of Pennsylvania’s photo identification requirement for the upcoming election.  Judge Simpson, however, required the state to continue its 5 million dollar voter education program.  In addition, the injunction does not bar the state from requiring poll workers to request identification prior to voters casting a vote.  The injunction merely prohibits the state from preventing registered voters from voting if they fail to produce identification when asked on Election Day.

The continuation of the voter education program combined with the ability to ask voters to produce identification prior to voting runs the risk of creating serious confusion among voters.  In addition, the continued message to voters that valid identification is necessary to vote may deter many would-be voters from participating in this election.   [Read more…] about The Battleground 2012: ID Required to Vote! No Scratch That, Not Until Next Year

Voter ID squabbles continue in Pennsylvania

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by Patrick Genova

Starting this November voters in Pennsylvania will face stricter ID requirements at polling stations. A new law requires a voter to present an ID from a list of approved forms of identification each time before casting a ballot. Proponents of the new law, such as PA’s Republican Governor Tom Corbett, say the law will reduce fraud, but the new push for voter ID has many opponents asking about ulterior motives.

An Arizona State University, Walter Cronkite School of Journalism study found that voter impersonation occurred at a rate of only 1 in 15 million for in-person voting. By comparison, the PA Department of State and Transportation estimates that 9% of Pennsylvania’s eligible voters do not meet ID requirements. Analysts at the Brennan Center also point out that a five year prison sentence and $10,000 fine for each count of voter fraud makes it “a singularly foolish way to attempt to win an election.” [Read more…] about Voter ID squabbles continue in Pennsylvania