State of Elections

William & Mary Law School | Election Law Society

Voting Machines

Weekly Wrap Up

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Every week, State of Elections brings you the latest news in state election law.

– Gerry Hebert, one of the panelists at our recent election law symposium, wrote this article about a recent legislative effort to undermine Fair Districts Florida.  Fair Districts Florida is an organization dedicated to fixing the redistricting process and the prevention of  gerrymandering.

– In Virginia, there is growing confusion about the restoration of felon voting rights.  Earlier this week, the governor’s office sent letters to 200 ex-felons, telling them that they would need to submit an essay as part of the application process for the restoration of their voting rights.  On the 14th, Governor McDonnell claimed that the letters had been sent in error, and that the essay requirement was simply a “draft policy proposal“.  Of course, this is only the third most controversial retraction the Governor has issued in the last month.

– A bill that would require voters to show photo identification before casting a ballot has received first round approval from the Missouri House. A previous photo ID law in Missouri was struck down by the Missouri Supreme Court for being a “heavy and substantial burden on Missourians’ free exercise of the right of suffrage.”

– In Cleveland, an elections board test of voting machines has produced alarming results.  About 10% of voting machines failed the test, and the state has less than a month.

– Maryland has become the first state to count prison inmates as residents of their home address, instead of counting them as residents of their prison location.  The U.S. Census considers inmates to be residents of their prison, a practice that has been criticized as distorting the population count and leading to unfairness during the redistricting process.

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Weekly Wrap Up

· ·

Every week, State of Elections brings you the latest news in state election law.

– The Idaho and Alaska legislatures have introduced bills to streamline the absentee voting process.

– A Mississippi proposal to require voter identification at the polls will appear on the 2011ballot.

– Election Systems and Software, the nation’s largest voting machine provider, has agreed to a settlement in an anti-trust action.  ES&S will be required to sell off assets acquired in its recent merger with Premier Election Solutions.

-The Kansas legislature is considering a change to the state constitution that would protect the voting rights of the mentally ill.

– In San Francisco, Supervisor Ross Mirkarimi has proposed an amendment to the county charter that would allow same day voter registration.  If passed, the amendment would make San Francisco the first county in California to allow same day registration.

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in election law.

– The Indiana Supreme Court heard oral arguments today regarding that state’s 2005 law requiring a photo ID at the polls.

– An Idaho bill to require a photo ID at the polls has passed that state’s House.

– Over 31,000 Californians have applied to be members of that state’s Citizen Redistricting Commission.  In 2008, California voted to transfer the responsibility of redistricting from the legislature to a citizen’s committee.  This Citizen’s Committee is unique among the states and the upcoming redistricting session will be its first test.

– A Virginia bill that would have created a bipartisan panel to prepare redistricting plans for the legislature has been shot down in a house subcommittee.  The bill was proposed by Creigh Deeds, former candidate for Virginia governor, and passed unanimously in the state senate.

– The Justice Department is investigating the merger between voting machine manufacturers Diebold and Election Systems and Software.

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in state election law.

– The Kentucky House has voted overwhelmingly to pass a proposed constitutional amendment that would restore felon voting rights in that state. Currently, the governor must approve the restoration of voting rights, but the proposal would automatically restore voting privileges upon the completion of their sentence.

– In Texas, a lawsuit has been filed over the creation of new city council districts.  The new districts were created without distinguishing between voting citizens and non-citizens, so according to the plaintiffs, there are wide disparities in the number of voting age citizens from district to district.  They claim the new districts, due to this disparity, are a violation of the Fourteenth Amendment’s Equal Protection Clause

– The Hawaiian legislature has struck down two bills that would have significantly changed how elections are conducted in that state. Hawaiian elections are overseen by an appointed chief elections officer and the office of elections, but given the recent problems in that state, the legislature is looking for new ways to handle elections. The bills would have put a constitutional amendment on the ballot to create a new office of Secretary of State to oversee elections.

– The Florida Supreme Court has ruled that state election codes do not automatically pre-empt local laws.  The controversy began when voters in Florida’s Sarasota County approved a proposal that banned touch screen voting machines.  The state government banned touch screen machines some time later, but the state questioned the constitutionality of the Sarasota County proposal, claiming that state election codes trumped local legislation.  The Court rejected this argument, and upheld the right of local officials to take steps to ensure the accuracy of elections.

– Adam Fogel at Fairvote has written this article about the growing controversy over universal voter registration.

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in state election law.

– New Orleans has experienced a record number of early voters for its municipal election.  About 16,600 ballots have been cast already, compared to 12,850 early votes in the 2008 presidential election.  Experts speculate that the rise in early voting is because the election is scheduled for this Saturday, just one day before the Saints play in the Superbowl.

– A measure that would allow overseas voters to send their ballots by email has passed the Washington House, and is headed to that state’s Senate.

– A judge in New Jersey has ordered a panel of experts to evaluate the security of New Jersey’s 11,000 voting machines.  Some have criticized the ruling for not requiring that the machines be retrofitted to produce a paper trail.

– A corporation has announced its candidacy for Congress!  Murray Hill Inc. plans on filing to run in the Republican primary in Maryland’s 8th Congressional District.  Feeling liberated by the Supreme Court’s decision in Citizens United, the corporation has decided to take the logical next step in their struggle for equal rights.  According to Murray Hill “It’s our democracy.  We bought it, we paid for it, and we’re going to keep it.”

– The California governor’s race has taken a bizarre turn.  Steve Poizner, a Republican candidate, has accused his rival Republican Meg Whitman of trying to bully him out of the race.   Poizner claims that an e-mail sent to him from Whitman’s office violates four federal and state election laws.  A copy of Poizner’s complaint, including a copy of the email, can be found here.

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