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Category: All States (page 2 of 27)

Removing Elected Officials in Virginia: Supreme Court to Clarify Requirements for Petitions for Removal

By: Cody Brandon

The Supreme Court of Virginia is set to consider an appeal that could drastically affect efforts to remove elected officials. Other than those officials for which removal procedures are specified in the Constitution of Virginia, removal procedure is governed by Virginia Code § 24.2-230 et seq. Unlike many other states that use recall elections, these statutes provide for the removal of elected officials by a circuit court for neglect of duty and misuse of office as well as convictions for various drug-related, sexual assault, and hate crimes. The process is initiated when a number of petitioners equal to ten percent of the total number of votes cast at the last election for the office sign a petition for removal stating the grounds for removal. The petitioners must be registered voters residing in the district which the officer serves. Once the action is instituted, the Commonwealth steps in (through a Commonwealth’s Attorney) as the complaining party, and the officer is subjected to a trial of sorts to determine if there are grounds for removal that satisfy § 24.2-233. Continue reading

Can Virginia Become a Redistricting Unicorn like Iowa?

By Aaron Barden

There was a lizard on the floor of the James City County (JCC) government building’s Board of Supervisors meeting hall on August 8th, 2017. I was there to watch the board consider OneVirginia2021’s resolution, which in most cases does little more than declare support for non-partisan redistricting. But JCC’s resolution was different. The resolution had a paragraph tacked to the end that would have changed the County’s local redistricting procedure from a citizen board with no criteria-based restrictions (preventing use of party, no incumbency protection, etc.) to a reliance on the Board’s staff to draw the lines with such restrictions. Continue reading

Something Fishy in South Carolina Referendum

By: Chandler Crenshaw

Fish Sandwich

Picture Source Credit: Here

Concern of voter intimidation is not a novelty in politics. When elections may be close, supporters of a proposition may sometimes attempt to influence the election by giving voters an incentive to go to the ballot box for their cause. When these types of allegations occur, they often cause the people to view election results as “fishy”. In South Carolina, a recent school board referendum in Laurens County, situated in the northwest corridor of the state, was fishy. Rather, while the election results were not close, opponents of a failed tax referendum were accused of influencing voters by offering free fish sandwiches to those who voted. Continue reading

Summer Hiatus

As school is out of session, the blog will be on summer hiatus until the start of the 2017-2018 academic year.

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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A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland

By: Zach Allentuck

The recent oral arguments for Gill v. Whitford left courtwatchers unsure if the Supreme Court would strike down excessive partisan gerrymandering. Gill v. Whitford’s impact goes far beyond Wisconsin: as previously noted, there is a lawsuit against Maryland’s 6th Congressional District for excessive partisan gerrymandering. Though the 4th Circuit declined to throw out the congressional voting map that created the 6th Congressional District, the case does not end there. The 4th Circuit wants to wait and see how the Supreme Court rules in Gill v. Whitford before issuing a ruling, and the plaintiffs announced their intent to appeal to the Supreme Court. If the Supreme Court sides with the plaintiffs in Gill, what would happen to the Maryland case?

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ELS Speaker Series: Will Consovoy

By: Nate Burchard

On October 25, 2016, the William & Mary Election Law Society Speaker Series hosted attorney Will Consovoy. Consovoy is an appellate attorney and founding partner of Consovoy McCarthy Park LLC, co-director of the George Mason University School of Law Supreme Court Clinic, and former law clerk to Supreme Court Justice Clarence Thomas.

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California Secretary of State Certifies VoteCal Ahead of 2016 General Election

By: Chelsea Brewer

On September 26, 2016, the California Secretary of State, Alex Padilla, announced that he certified VoteCal as the State’s centralized system of record for voter registration. The online database seeks to ease the voter registration process by providing citizens a single online database where they can register to vote, check their registration status, find their assigned polling places, and more. Just in time for the November 2016 General Election, voters will even be able to confirm that their absentee mail-in ballot or provisional ballot was counted by their respective county elections officials. This is especially significant given states’ interest in preserving voter confidence in electoral administration in the face of skepticism about whether all votes are actually counted. VoteCal will also facilitate upcoming innovations in California election law after the November General Election, which include Election Day voter registration and the New Motor Voter Act.

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William & Mary Adjunct Professor Jack Young quoted in USA Today

William & Mary Adjunct Professor Jack Young quoted in USA Today on Bush v. Gore comparison to 2016 race. To read the article, click here.

Republican National Convention: William & Mary Law Student in the Virginia Delegation

William & Mary Law School student Bethany Bostron ‘17 found herself at the center of the storm at the recent Republican Convention in Cleveland. Bostron served as a delegate for Virginia at the Convention. In that role, Bostron assisted in an attempt to petition for a roll call vote that would allow delegates to reject new party rules that consolidated power in the RNC and to have the opportunity to cast a vote for someone other than Trump.  Quoted in USA Today, Bostron expressed a great deal of frustration. “On Monday, I was in charge of collecting signatures for the state of Virginia for a petition for a roll call vote, and I worked hard all Sunday night,” she explained. The next morning they “couldn’t find the secretary so we were hunting all over to find someone to hand [the petition] in to. We got everything in and the establishment just shut us down.”

Bostron’s front-row view of American Democracy illustrates the level of engagement of William & Mary Law students in the election process. Reached after the event, Bostron added… “I am very disappointed that the establishment would not allow delegates to play a role in selecting the rules that the party will operate under for the next four years. However, the experience has motivated me to become even more involved in the party and work to elect leaders who will allow grassroots participation. Outcomes are important, but the process we use to achieve those outcomes also matters.”

Bostron is also the subject of a Washington Post mini-documentary on Virginia delegates. Check it out here (Bostron appears starting at approximately minute 5).

Read the USA Today article quoting Bostron here.

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