State of Elections

William & Mary Law School | Election Law Society

Tag: ballots by mail

Voting from the Mailbox

By: Matthew Catron

Voting can be cumbersome and inconvenient. Voters often experience long lines and crowded parking lots when they go to the polls to cast their ballots. Clearly, the inconveniences of voting can discourage voter turnout. Most people would consider this a small price to pay for democracy. However, Colorado is one of three states that has attempted to remedy this problem by conducting all-mail elections.

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150 Unfortunate Voters

By: Matthew Catron

Again…all eyes are on Florida, this time after the 2018 Midterm Election. While Broward County and the statewide recount seem to be caught in the spotlight, another controversy is brewing in the Florida Panhandle. In this case, the chief election official of Bay County allowed approximately 150 voters to cast their ballots via fax or email.

Hurricane Michael hit the Florida Panhandle in mid-October and had a lasting effect on the infrastructure and residents of several coastal counties. As a result of the devastation, Gov. Rick Scott issued an executive order extending the deadline for early voting and increasing the number of early voting locations in eight hurricane-hit counties. Gov. Scott issued this executive order pursuant to the governor’s power under the Florida Elections Emergency Act. However, Bay County Supervisor of Elections Mark Andersen went beyond the governor’s executive order and accepted roughly 150 ballots via fax or email. These electronically transmitted ballots were cast by voters who were displaced by Hurricane Michael.

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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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Oregon’s New Hyper Motor Voter Law

By: Matthew Hubbard

Voter identification laws of various forms, which are currently enforced in 32 states, continue to garner significant national media attention and spark contentious debate. Proponents argue that the laws prevent voter fraud and preserve the legitimacy of the electoral process while opponents claim that in-person voter fraud is a phantom problem and that these claims are merely pretext for partisan vote suppression. As the public attention and debate surrounding these voting restrictions increases, however, one state has managed to quietly pass legislation that moves as far as possible in the opposite direction.

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