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Iowa Voting Legislation: Punitive Restrictions and “Technical Violations”

Election Law Society · October 28, 2021 ·

By: Peter Quinn 

Iowans are no strangers to potentially hazardous jobs, as anyone who has ever worked with a thresher can attest. But recent legislation has caused an unlikely profession to rocket up the list of professions with great personal danger attached: election officials. The danger, however, comes not from pointy farm equipment, but rather from the sudden potential for large fines and criminal charges for simple mistakes.

[Read more…] about Iowa Voting Legislation: Punitive Restrictions and “Technical Violations”

Virginia Takes Initial Steps to Permanently Streamline the Restoration of Voting Rights for Virginians with Felony Conviction Histories

Election Law Society · October 20, 2021 ·

By: Sarah Fisher

Earlier this year, the Virginia General Assembly took a significant initial step toward ensuring that Virginians with felony conviction histories have their voting rights restored upon release from incarceration.

Currently, under the Constitution of Virginia, Virginians with prior felony convictions are permanently disenfranchised and may only have their civil rights restored at the discretion of the Governor upon full completion of their sentences. This policy has historically been interpreted as requiring the payment of all court costs and fees, as well as  the successful completion of applicable probation or parole periods. State policy also required would-be voters to affirmatively request restoration of their rights via an application to the Governor and Secretary of the Commonwealth. While Virginia’s gubernatorial administrations now work proactively to restore voting rights to all who are eligible (therefore eliminating the application stage), new voters are often unaware their voting rights have been revived.

[Read more…] about Virginia Takes Initial Steps to Permanently Streamline the Restoration of Voting Rights for Virginians with Felony Conviction Histories

No Voter Left Behind? The Quiet Disenfranchisement of Native Americans

vebrankovic · December 4, 2020 ·

By Scott Meyer

The U.S. Department of the Interior’s Bureau of Indian Affairs website contains a list of frequently asked questions. Among them, “[d]o American Indians and Alaska Natives have the right to vote?” The simple answer, yes, belies the complex relationship between the indigenous peoples of North America, and the United States.

In 1924, the U.S. passed the Snyder Act, which entitled Native Americans born in the U.S. to full citizenship. Ostensibly the 15th amendment, which was passed more than fifty years earlier and granted U.S. citizens the right to vote, combined with the Snyder Act should have allowed Native Americans to vote. In practice, since the Constitution delegated to the states the administration of elections, several decades passed after the Snyder Act before Native Americans actually received national suffrage. The final two holdouts were Utah and North Dakota, which granted “on-reservation Native Americans the right to vote in 1957 and 1958, respectively”. However, even after gaining the right to vote, Native Americans faced many of the same challenges employed against African-Americans to stymie their votes. The passage of the Voting Rights Act (VRA), often associated with protecting African-American voters, also benefitted many American Indians who lived in covered states or counties, such as Alaska and Arizona. For decadesNative Americans filed lawsuits relying on the 14th and 15th amendment and various sections of the VRA to “gainequal access to election procedures and to have an equal opportunity to elect candidates of their choice.”

[Read more…] about No Voter Left Behind? The Quiet Disenfranchisement of Native Americans

California Voters: Don’t Ignore that Address Confirmation Card

jaboone · October 26, 2020 ·

By Josh Turiel

If you received an address confirmation notice from your local elections official, you may want to pay attention. In early 2019, California reached a settlement with the conservative group, Judicial Watch, concluding a lawsuit that accused the state of failing to fulfill its responsibilities under the National Voter Registration Act (NVRA). The Act requires that states make a reasonable effort to remove inactive voters – those who have moved out of the jurisdiction or passed away – from voter registration lists. Judicial Watch targeted Los Angeles County because they determined its registration rate was 112% of the voting age population – the result of an absence of reasonable effort to clean its voter rolls.

[Read more…] about California Voters: Don’t Ignore that Address Confirmation Card

Georgia’s Voter Registration Surge: The Investigations and Lawsuits Behind the Numbers

Election Law Society · January 22, 2020 ·

By: Amber Stapleton

Ahead of the 2020 presidential election, with Georgia expected to be a key political battleground, the state has seen a record number of citizens registered to vote. In the last 11 months alone, more that 352,000 Georgia citizens have been registered to vote and the influx has boosted the state’s voter rolls to the record high of nearly 7.4 million. According to one Atlanta Journal-Constitution article which cited the publications own analysis of registered voters from November 6, 2018 to August 12, 2019, “[a]bout 47% of the new voters who identified their race are minorities and 45% are age 30 or younger.”

[Read more…] about Georgia’s Voter Registration Surge: The Investigations and Lawsuits Behind the Numbers

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