West Virginia

Is It Time for SCOTUS to Revisit the Anderson-Burdick Test?: Insights from the Challenge to West Virginia’s Ballot Order Statute

jaboone · November 18, 2020 ·

By: Daniel Bruce

In a previous article on the ongoing challenge to West Virginia’s ballot order statute, I highlighted the growing importance of the Political Question Doctrine to challenges to election administration laws like the one at issue in Nelson v. Warner.

As a refresher, W. Va. Code § 3-6-2(c)(3) requires candidates appearing on statewide ballots to be placed in the order of the party whose candidate received the highest number of statewide votes in the previous presidential election. The state’s Democratic Party is challenging the law based on the “primacy effect” granted to Republican candidates who appear first on the ballot.

Voter ID and Automatic Voter Registration Compromise in West Virginia

Election Law Society · March 13, 2019 ·

By: Jakob Stalnaker

Voter ID legislation has become an intensely ideological issue. Traditionally, Republicans support such legislation, while Democrats tend to oppose it. Further, some Democratic states have innovated automatic voter registration, which automatically registers voters unless they choose to opt out of the voter rolls. In 2016, West Virginia passed compromise legislation which could prove to be a model for other states in the future. Conservative and liberal legislators passed an election law bill, HB 4013, which joined together automatic voter registration with a voter ID requirement. Further, the voter ID portion of the bill had a number of provisions which made it more palatable to traditional opponents, garnering the bill bipartisan support.

Registering to Vote, As Easy As Driving a Car?

Election Law Society · February 27, 2017 ·

By: Brooke Hannah

What if registering to vote was as easy as riding a bike? Well, maybe not a bike, but what about as easy and effortless as driving a car after years of experience? While it may not be quite that simple yet, West Virginia has made it close to being that simple as they have just passed a bill allowing for the information of those who get a driver’s license or identification card to be submitted into the voter registration process. Promoting and simplifying the voter registration process is an important goal for West Virginia. The state has demonstrated its dedication to improving the voter registration process by implementing automatic voter registration, launching online voter registration, and becoming a voting member of the Electronic Registration Information Center (“ERIC”).

Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

Election Law Society · February 21, 2017 ·

By: Angela M. Evanowski

On October 24, 2016, famous singer and actor Justin Timberlake found himself in trouble after posting a “ballot selfie” on his two social media accounts, Twitter and Instagram. Timberlake, who is registered to vote in Tennessee, flew from California to his home voting county and posted the selfies in order to encourage millennials and fans to vote. However, to the surprise of Timberlake, the state of Tennessee earlier this year passed a law banning voters from taking photographs or videos during the voting process. Luckily, for this famous former boy-band member, he is not going to face any criminal charges or punishment for posting his ballot selfies. [Read more…] about Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

WV: Can’t Change Your Stripes, At Least Not For 60 Days

Election Law Society · December 15, 2016 ·

By: Brooke Hannah

Everyone knows that anxious feeling that starts to creep in as an upcoming deadline gets closer and closer. Everyone also knows the dread and panic that takes over upon realizing a deadline has passed. If you are fortunate, maybe someone will be willing to provide an extension. Or perhaps there is an alternative way to obtain your goal. Unfortunately for Erik Patrick Wells (“Wells”), the Supreme Court of Appeals of West Virginia did not provide him the relief he had hoped for after he sought an alternative way to obtain candidacy after missing a deadline.