Voting Rights Act

Voter Registration Series, Article 1: Mississippi

dwswan · September 22, 2015 ·

By: Caiti Anderson

The ability to vote is a powerful tool to ensure one’s voice is heard among the clamor of democracy. However, this right has remained elusive to many throughout American history. The long, hard slog to create a “more perfect union” comprises the battle for inclusivity in the American political process. Over the next few weeks, this series will study the history of voter registration through the comparative analysis of the history of voter registration in different states and the growing movement towards automatic voter registration. Today’s article will examine Mississippi and the ongoing journey towards fair voter registration laws in that state.

Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

Election Law Society · November 3, 2014 ·

By Tom Lukish

From its western banks along the Bering Strait to its eastern border with the Yukon Territory, Alaska encompasses a large terrain colloquially known as “The Last Frontier.” A home for some 735,000, and a vacation destination for many more, America’s northernmost state perhaps likely comprises the only world several Yup’ik- and Gwich’in-speaking villagers have ever known. Indeed, many in Alaska’s southwest region, “still depend upon subsistence fishing, hunting and gathering for food.” For them, and for advocates nationwide of a more expansive Voting Rights Act (VRA), there is tremendous hope for the future. 3,770 miles from the pertinent jurisdiction in last year’s Shelby County v. Holder and nearly fifty years after the initial passing of the VRA, Alaska Natives present a new sort of story.

In certain parts of Alaska, such as those which encompass the Wade Hampton Census Area, American Indians and Alaska Natives amount to approximately 92% of the total population. Perhaps realizing the cultural influence such individuals maintain, organizations like the Native American Rights Fund (NARF) have made efforts to assist natives as they seek increased political efficacy in the Land of the Midnight Sun. [Read more…] about Speaking Their Language: How Appreciation for Culture Will Lead to Participation in Politics

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

Election Law Society · January 11, 2013 ·

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

News Brief: Texas Supreme Court rejects redistricting maps

Election Law Society · February 3, 2012 ·

by Allison Handler

The Supreme Court has rejected redistricting maps drawn by a Texas federal court. The judicially-created maps were created as a response to the Texas legislature’s failure to comply with Section 5 of the Voting rights Act. However, the Supreme Court decision throws the future of the redistricting map into question as the 2012 elections approach. According to reporting by the New York Times, the new map may not differ significantly from the one created by the Texas court, one which some say favors representation of Hispanic communities and the Democrats. The initial map proposed by the state legislature favored Republicans, but was never submitted to the Department of Justice for pre-clearance.

There may not be enough time before the election to prepare the maps appropriately. The Texas Attorney General Greg Abbott hopes to have interim maps in place by the end of January so that the state’s primary can take place on April 3rd. Abbott moved the federal court conference on the issue to January 27, ahead of schedule. The date of the primary has already been moved back from March 6th to the current April date, though it is not clear whether the state will be able to hold the election by April either. [Read more…] about News Brief: Texas Supreme Court rejects redistricting maps

When is state law not enforceable?

Election Law Society · December 28, 2011 ·

Texas awaits DOJ approval for its new voter photo ID law.

by Daniel Carrico

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up.

Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas. [Read more…] about When is state law not enforceable?