Voting Rights

Small Problem, Big Fight: Saving the Unsinged Ballot in Arizona

vebrankovic · November 20, 2020 ·

By: Megan Kelly

What happens when the state receives an unsigned mail-in ballot? This is the question that new and contentious litigation in the District Court of Arizona is seeking to answer. Last week, a district judge held that unsigned ballots in Arizona were to be afforded the same five-day curing period that other unidentifiable ballots—from mismatched signatures or lack of voter ID—are given.

We may ask how frequently people are really mailing in unsigned ballots. In 2018, Arizona rejected about 3,000 unsigned ballots. This number is small, but in an increasingly competitive purple state, a small number of votes can make the difference.

Learning from Lawsuits: How Kentucky’s top officials adapted to satisfy voter complaints

Election Law Society · October 16, 2020 ·

By Cameron Newton

When the dust settled following the contentious 2019 elections in Kentucky, each of the commonwealth’s major executive offices—save for the governorship—was won by the Republican candidate. While the election of Andy Beshear brought control of the Governor’s Mansion back into Democratic hands, perhaps the night’s most shocking result came as Michael Adams, an election lawyer with a history in Republican politics, upset former Miss America Heather French Henry in the race for Secretary of State. No thinking observer would have anticipated emerging election policy to be anything but crafted and contested along rigid ideological boundaries.

Election 2020: Tennessee Slow to Protect Voters

Election Law Society · October 5, 2020 ·

By Maxwell Weiss

Tennessee is among a waning list of states attempting to increase voting restrictions during the pandemic. Many states have changed their election laws to allow any voter to vote using an absentee ballot. However, the Volunteer State is one of five states without no-excuse absentee voting this November, despite the significant health risk of voting in-person during the COVID-19 pandemic. First-time voters were also required to vote in-person, until a federal judge issued a preliminary injunction striking down the restriction. The court held that the state’s only compelling interest in enforcing that restriction is securing valid identification from the voter. Since absentee voting can accommodate identification verification and reduce the burden on voters, the court granted the plaintiffs a preliminary injunction so that first-time voters will be allowed to vote absentee this November, if they meet the narrow set of criteria to vote absentee.

While certainly a step in the right direction, this was the only win for voting rights from the Memphis A. Phillip Randolph Institute this summer. In the same suit, the group challenged Tennessee provisions including: criminal prohibitions on assisting voters to obtain absentee ballot requests; lack of opportunity to cure ballot rejections based on signature mismatches; and failure to make mail-in voting available to all voters.

Opinion: The Problem with Voter ID in North Dakota

Election Law Society · April 3, 2020 ·

At a basic level, voter ID laws seem perfectly rational. Election security is important and requiring voters to present identification looks like a good way to prevent fraud. Yet in the United States, voter ID laws have been sharply criticized because in practice, they tend to disenfranchise voters and have the potential to reduce participation by discouraging voters from heading to the polls. Many Americans may lack the required ID and face barriers to obtaining one.

A Conversation with Professor Ken Mayer: Voter ID and Election Law in Wisconsin

Election Law Society · February 27, 2019 ·

By Richard J. Batzler

In recent years, Wisconsin has been a battle ground over many controversial election law changes, including a voter ID requirement. I spoke with University of Wisconsin Professor Mayer about his research on the impacts of voter ID in Wisconsin and recent election law changes in Wisconsin and elsewhere.

Kenneth Mayer is a professor of political science at the University of Wisconsin-Madison. Professor Mayer’s election law scholarship includes campaign finance, voter identification, and election administration. Additionally, Professor Mayer has filed expert reports in cases involving voting rights, gerrymandering, and campaign finance, among other issues. [Read more…] about A Conversation with Professor Ken Mayer: Voter ID and Election Law in Wisconsin