State of Elections

William & Mary Law School | Election Law Society

Tag: Equal Protection Clause

WY: Proposal Allows County Residents to Vote in City Elections

By: Gordon Dobbs

In many states, people who live just outside of a city’s borders and who are affected by the city’s laws are nevertheless forbidden from voting in the city’s elections. The Supreme Court considered whether this practice is constitutional in 1978 in the case of Holt Civic Club v. City of Tuscaloosa. In Holt, the Court held that extraterritorial jurisdiction (ETJ) statutes that extend municipal police, sanitary, business, and other similar regulatory powers over those living outside municipal boundaries are indeed constitutional, even when those residents cannot vote in municipal elections. The Court held that those who lived outside of Tuscaloosa’s borders had no constitutional right to vote in Tuscaloosa elections, and that it was reasonable for the city of Tuscaloosa to extend certain services to those residents and require them to pay fees to fund those services. This form of ETJ has its roots in post-World War II development booms on the fringes of urban areas in the United States. Some states have been fairly aggressive in their implementation of ETJ: Texas, for instance, allows cities of over 100,000 to extend their ETJ for five miles outside of the city’s boundaries, and cities have used this power to regulate everything from lot size to fireworks use in the county.

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Wisconsin: One Wisconsin Institute v. Nichol

By: Lisa Zhang

One Wisconsin institute, Citizen Action of Wisconsin Education Fund, and six Wisconsin residents filed a complaint against a series of provisions that Wisconsin has made since 2011 to its voting and election laws.

Interestingly, Wisconsin’s election laws just withstood a challenge that had lasted for four years. On March 23, 2015, the Supreme Court denied the petition for certiorari of Frank v. Walker. In Frank, plaintiffs challenged 2011 Wisconsin Act 23, which specifies limited acceptable forms of photo IDs, under the Equal Protection Clause of the Fourteenth Amendment, and the district court found it in violation of both the 14th Amendment and Section 2 of the Voting Rights Act (VRA). The 7th Circuit reversed the judgement on the ground that Wisconsin’s Voter ID law does not differ in ways that matter under the analysis in Crawford v. Marion.

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Native-Hawaiian Self Determination Election Survives Equal Protection Challenge

By: Mollie Topic

In October 2015, a U.S. district judge sitting in Honolulu denied a motion for preliminary injunction to halt an election that is open only to Native Hawaiians. The litigation in Akina v. Hawaii arises out of the Nai Aupuni election, an election process that is ultimately designed to help Native Hawaiians achieve self-determination.

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