State of Elections

William & Mary Law School | Election Law Society

Voter ID

Striking the Right Balance: Voter ID Laws in Michigan

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By: Jason M. Kowalski

The right to a voice in the political process is the most fundamental aspect of American government. “No taxation without representation” was the rallying cry for American Revolution and the ideal that every person should have an equal vote and equal access to vote is one our country still aspires to reach. It is no mystery then, especially in light of our country’s terrible track record in disenfranchising minorities, that Voter ID laws have been the source of such controversy. There are reasonable arguments on both sides of the issue. Advocates argue that such laws ensure that only those who are eligible to vote can do so and protect the integrity of the electoral process with, for most Americans, minimal intrusion. Opponents point out, that such requirements tend to have disparate impact on minority groups who have less access to the IDs themselves or the means to obtain them, including transportation, documentation and sometimes the funds necessary to purchase them.

[Read more…] about Striking the Right Balance: Voter ID Laws in Michigan

Voting Laws Are Disabling The Disabled: Easy Nationwide Fixes To Re-Enfranchise Voters With Disabilities

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By August Johannsen

Laws affecting voter participation are a current hot topic in the news. Voter identification, early voting, or redistricting laws are all working their way through the legal system almost certainly on their way to the Supreme Court (if they have not reached the high court already). There are mixed opinions on what these laws do. Supporters insist that the laws protect the integrity of elections by preventing voter fraud. Opponents vehemently argue that the laws are simply pretense for stopping poor and minority voters from exercising their rights at the polls. However, one group of minority voters, voters with disabilities, are severely impacted by election administration laws regarding the accessibility of elections. Their story has been largely ignored in the sound-byte thrusts and parries of the politicos and pundits. [Read more…] about Voting Laws Are Disabling The Disabled: Easy Nationwide Fixes To Re-Enfranchise Voters With Disabilities

Friday at 6pm: Another Example of Changes in Ohio’s Election Regulation

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By:  Mark Listes

Ohio is no stranger to changes in election administration and regulation. The Supreme Court determined the constitutionality of Ohio’s voter ID laws. The Sixth Circuit recently permanently enjoined the enforcement of Ohio’s campaign fair practice law that prohibited making false statements in campaigns. Ohio was highlighted in the 2004 election for extraordinarily long lines at its polls, and just eleven days before the 2014 midterm, the Sixth Circuit reversed the Southern District of Ohio, denying the right to vote to persons incarcerated but not yet convicted. [Read more…] about Friday at 6pm: Another Example of Changes in Ohio’s Election Regulation

The Primary Problem

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By Staff Writer:

As the turmoil over the election season comes to a close, the battle between Thad Cochran and Chris McDaniel seems to have finally been put to rest. The Mississippi Supreme Court ruled in late October that McDaniel had missed the twenty day deadline to challenge the results of the primary runoff. However, as some conservative supporters were quick to point out, the Court never reached the merits of the case. McDaniel’s claims were dismissed based on court precedent, not black letter law, regarding timely filing. This lead some online news sources to question whether the law was properly applied or whether McDaniel might challenge Cochran’s seating in the Senate. However, despite the McDaniel campaign’s continued assertion that true justice has been denied, it appears that Thad Cochran will serve a seventh term as a U.S. Senator for Mississippi.    [Read more…] about The Primary Problem