State of Elections

William & Mary Law School | Election Law Society

Voter Identification

Weekly Wrap Up

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Is World Wrestling Entertainment political advertising?  According to election officials in Connecticut, it is.  They have told poll workers that they can ask voters wearing WWE gear to cover it up, fearing that it could be construed as political advertising for Republican Senate candidate Linda McMahon, who is also the former CEO of WWE.  Officials said that McMahon is so closely associated with WWE that the gear could easily be considered a violation of rule banning political campaigning within 75 feet of a polling station.  McMahon’s husband, Vince McMahon, said that this was a violation of WWE fans’ First Amendment rights and would deny them their right to vote.  Connecticut Republicans are also up in arms, with the State Party Chairman calling the action “voter intimidation.” This is not unprecedented, however; a similar rule was in place in California, forbidding voters from wearing “Terminator” gear when Arnold Schwarzenegger was on the ballot.

The 9th Circuit struck down part of Arizona’s voter registration laws on October 27, holding that the provisions of the law requiring proof of citizenship conflicted with the federal law. The federal law only requires that applicants “attest their citizenship under penalty of perjury”, while the 2004 voter-approved initiative in Arizona required applicants to register to vote to show proof of citizenship by providing one of the documents on the approved list. The citizenship requirement was “an additional state hurdle” to registration, something the federal law was trying to prevent. The 9th Circuit appeals panel–which included retired Supreme Court Justice Sandra Day O’Connor–did not, however, overturn the requirement that voters show identification at the polls in order to vote. [Read more…] about Weekly Wrap Up

Getting Carded: The Debate over Voter ID Law in Oklahoma

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On November 2, Oklahoma voters will confront a long list of state referendum items on which they may vote “yes” or “no.”  Second on the list—tucked between per-student educational spending and revised term limits—is State Question 746, which proposes to amend the state’s voter identification requirements.  Supporters tout the measure as a necessary and low-maintenance way to keep state elections honest.  After all, we require a photo ID for any number of mundane daily transactions, like writing a check or boarding an airplane.  However, a small but impassioned group of opponents argues that while seemingly harmless, in reality the voter ID requirement is the partisan enactment of a runaway legislature, and it threatens the most basic of Oklahomans’ constitutional protections.

If Oklahomans vote “yes” on State Question 746, then effective on July 1, 2011, every person appearing to vote in Oklahoma must first present (1) a state, tribal, or federal government-issued photo ID or (2) a voter identification card issued by the County Election Board.  All government-issued photo IDs must have expiration dates, and must not be expired on the date of the election, except for some identity cards issued to people over 65.  These requirements would apply to all in-person voting, including in-person absentee voting. [Read more…] about Getting Carded: The Debate over Voter ID Law in Oklahoma

The Tea Party and Voter Fraud

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In anticipation of the impending midterm elections, officials from various Tea Party affiliated groups are concerned that Republicans are losing elections because of voter fraud. Dick Armey, former Republican Congressman, recently asserted that up to 3% of the votes Democrat’s received in 2008 was illegitimate.

Ignoring for a moment that most voting experts refute these claims, the debate is interesting for several reasons. First, it shows the ever-increasing role the Tea Party plays in the Republican Party, a dynamic certain to have a huge impact in November. This broad discussion, however, has been extensively covered by the national news media, so we don’t need to get into it now.

Second, it illustrates the importance of conducting fair and open elections. If these claims have any basis in fact, the implications would be staggering.  The 2008 election cycle fundamentally altered the direction of local, state and national politics, as Democrats dominated, even in traditionally Republican districts. If for some reason that move was illegitimate, it would change our view of the direction American politics. Perhaps that is what these claims are really all about – the Tea Party questioning whether 2008 was really an indication that the country moving to the political left. [Read more…] about The Tea Party and Voter Fraud