State of Elections

William & Mary Law School | Election Law Society

Category: All States (page 1 of 28)

A Safe Place for Elections

By: Matthew Catron

Colorado is known for more than just picturesque mountain views and crystal-clear rivers. The Centennial State touts some of the best education, healthcare, and the best state economy in the nation. To add to this impressive list of achievements, Colorado has been christened as the safest state in the nation to host an election.

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Native Alaskan Voter Language Assistance Implementation

By: Jakob Stalnaker

Section 203 of the Voting Rights Act requires certain covered jurisdictions to provide language assistance and bilingual election materials to language minority groups. The determinations are made every five years by the Census Bureau. The criteria for coverage include if either (1) more than five percent of voting age population or (2) 10,000 of the voting age citizens are members of a single-language minority group and do not “speak or adequately understand English adequately enough to participate in the electoral process.” There is an additional provision, covering jurisdictions with more than five percent of American Indian or Alaska Native population residing within an American Indian Area, meeting the same criteria if those citizens do not “speak or understand English adequately enough to participate in the electoral process” and the rate of individuals in that population who have not completed the fifth grade is higher than the national rate.

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Special Election Battle in Wisconsin

By: Richard J. Batzler

As pundits assess the political climate in the lead up to the 2018 midterm elections, special elections provide key insights into electoral trends. Earlier this year, Wisconsin was the site of two State Senate races that buoyed the hopes of those working toward a “blue wave.” But one of these elections almost never took place, as all three branches of state government clashed over whether the Governor had to call special elections in the first place.

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Summer Hiatus

Hello election law community! We have been on summer break and are now returning. Starting today we will be regularly posting on Mondays and Wednesdays during the academic year (other than holiday breaks). Thank you for following State of Elections, and please continue to comment and share!

Spring Break Hiatus

There will be no new posts the week of March 5th in observation of Spring Break.

A Loophole in State Law and the U.S. Election Fraud Commission

Earlier in the year, President Donald J. Trump announced his decision through an executive order to establish the Presidential Advisory Commission on Election Integrity, a working group designed in his view to eliminate voter fraud. Concerned with potential for state voter rolls to be inaccurate and misused, the election fraud commission sought voter rolls from all 50 states to vet and review. While the specific tasks of the election fraud commission remain unknown, the ultimate goal, at least publicly, appears to be to ensure the most accurate electoral outcomes possible.

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Same Day Voter Registration in Hawaii

By: Avery Dobbs

The Hawaii legislature took an important step towards reducing barriers to voting rights in 2014 by voting to allow same day voter registration at the polls. This is a significant change from the state’s previous rule, which required voters to register at least thirty days before an election to be allowed to vote. The state sought this measure in hopes of addressing its chronically low voter participation rates and to make voting rights more accessible for all Hawaiian citizens. Hawaii’s Chief Elections Officer, Scott Nago, spoke in support of the bill at the time by saying, “any qualified person who wants to vote should be able to register and vote”. The state will soon start to see the benefits of this law as it takes full effect in 2018.

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The Continuing Implications of Virginia’s Off-Year Elections

By: Jacob Dievendorf

As readers of this blog will well know, each state has its own particular electoral quirks. One of Virginia’s best known quirks is its off-year election of a governor. As a previous posting on this blog points out, Virginians have been electing their governor in off years for as long as they have been electing governors directly, since 1852.

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Texas Takes Steps to End Mail-In Voter Fraud

Amid the passage of controversial voter ID laws, this session Texas lawmakers also tackled a different form of voter fraud in a significantly less controversial manner. The Texas Legislature took steps to end voter fraud stemming from mail-in ballots. Senate Bill 5 passed the legislature and was signed into law on June 15. The law becomes effective on January 1, 2018. This law expands the definition of mail-in voter fraud and increases the penalties for the crime. Several voter fraud cases were prosecuted in recent years, and there have been concerns from individuals who received mail-in ballots they never requested.

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Escaping the Miry Red Clay

By: Dorronda Bordley

On March 27, 2015, the American Civil Liberties Union (ACLU) of Delaware sued the Red Clay Consolidated School District in Chancery Court. The ACLU asserted that Red Clay violated, among other things, the Delaware Constitution guaranteeing “free and equal” elections.

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