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William & Mary Law School | Election Law Society

Tag: First Amendment (page 2 of 4)

No Free Speech Within 100 Feet: North Dakota Supreme Court Upholds State Electioneering Law

What is wrong with advocating for or against the adoption of a new ballot measure outside of a polling station on Election Day? For one, it may be against the law.

In North Dakota, such a law found itself as the subject of litigation that went all the way to the North Dakota Supreme Court. The case, State v. Francis, involved a challenge to North Dakota Century Code § 16.1-10-06.2, an electioneering law that criminalizes gathering signatures within 100 feet of an open polling place on election day. In July 2016, the North Dakota Supreme Court upheld the law after applying established U.S. Supreme Court precedent in its own analysis of the North Dakota electioneering statute.

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PA: The Constitutionality of Poll Watching in Someone Else’s County

By: Melissa Rivera

As the November 8 presidential election is swiftly approaching, concerns by some of election fraud are rampant. Especially in Philadelphia, some are concerned that this traditionally blue city will experience voter fraud. In an effort to curb this fear, in Philadelphia alone, at least 474 Republican and over 3,700 Democrat volunteer poll watchers’ names were submitted to election officials for vetting. This vetting process ensures that each volunteer is a registered voter from the county where he or she will poll watch. This county requirement is the subject of a recent lawsuit filed by the Pennsylvania Republican Party.

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SC: Loyalty Oaths

The idea of swearing or singing an oath pledging loyalty and allegiance to a person, a place, or even an ideal may seem like a vestige of a bygone era where cold war tensions were high and the threat to the American way of life was constantly under attack, even in our own homes. However, loyalty oaths are still commonplace in the bustling, fast paced world in which we live.  Many loyalty oaths are only required of certain elected officials and government employees so it easy to overlook how prevalent loyalty oaths are and the important role they play both in a historical context and today.

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Nonpartisan Blanket Primary in Oregon

By: Matthew Hubbard

In 2014, Oregonians voted on Ballot Measure 90, which aimed to overhaul the state’s primary election system by establishing a nonpartisan blanket primary. A form of open primary, a nonpartisan blanket primary system requires all candidates for a political office to participate in a single primary. The top two vote getters from this primary advance to the general election, regardless of their stated party affiliation.

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Robo-calls, in Montana and Elsewhere

By: Cameron Boster

           Background

Missoula, Montana, is a beautiful city. There are mountains in the distance, tall, deep-green trees everywhere, old buildings – and a rocky, white-swirling river moving through it. No reasonable person seeing Missoula for the first time would think to focus on the city’s current robo-call election law controversy.

This month, parents of students enrolled in Missoula’s schools received automated phone calls containing a message from Missoula’s mayor, John Engen. The content of the message is available on Youtube. In short, the message urges parents to vote on an upcoming bond, tells them where and how they can cast their ballot, and ends with this encouragement: “Thank you for everything you do to support your children, and to ensure a positive future for your family – and our wonderful community.”

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Lee v. Virginia Board of Elections: Wait, Virginians have to present a photo ID to vote?

By: Melissa Ryan

In 2013, Republican majorities in both houses of the Virginia General Assembly enacted a “voter ID law” that significantly restricts accepted forms of identification that voters must present before casting a ballot on Election Day. Now, officers at the election booths will require voters to present one of the following forms of photo identification: (1) a valid Virginia driver’s license; (2) a valid United States passport; (3) any photo identification issued by the Commonwealth, one of its political subdivisions, or the United States; (4) a valid student identification card containing a photograph of the voter and issued by any institution of higher education located in the Commonwealth; or (5) a valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business. Any voter that is unable to present an acceptable form of photo identification at the polls will be offered a provisional ballot, but the voter must deliver a copy of a proper form of identification to the electoral board by noon of the third day after the election. Provisional voters may submit copies by fax, e-mail, in-person submission, timely United States Postal Service, or commercial mail delivery.

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Supreme Court hearing Maryland Redistricting Case is not “Frivolous” for Future of Election Law Procedure

By: Hayley A Steffen

The Supreme Court has famously asserted that the right to vote is “preservative of other basic civil and political rights.” Recognizing the right to vote is implicated in election law litigation, Congress enacted special procedures for adjudicating these claims under the Three-Judge Act of 1910. Now codified under 28 U.S.C. § 2284, one provision requires a three-judge district court to hear constitutional challenges to redistricting claims of any congressional or statewide legislative body. Although the statute reads that the single judge to whom the request for a three-judge panel is made “may determine that a panel is not necessary,” it is unclear under what standard the judge has the authority to do so. Next month, the Supreme Court will be called upon to clarify this standard in a case brought by a Maryland man challenging the state’s redistricting scheme.

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Why leave room for foul play? The 10-Foot Requirement

By Lance Woods:

Pennsylvania’s decision to continue to keep the press from entering polling stations draws an arbitrary line and leaves room for foul play by ensuring that the voting process is not as transparent as possible. Continue reading

The Primary Problem

By Staff Writer:

As the turmoil over the election season comes to a close, the battle between Thad Cochran and Chris McDaniel seems to have finally been put to rest. The Mississippi Supreme Court ruled in late October that McDaniel had missed the twenty day deadline to challenge the results of the primary runoff. However, as some conservative supporters were quick to point out, the Court never reached the merits of the case. McDaniel’s claims were dismissed based on court precedent, not black letter law, regarding timely filing. This lead some online news sources to question whether the law was properly applied or whether McDaniel might challenge Cochran’s seating in the Senate. However, despite the McDaniel campaign’s continued assertion that true justice has been denied, it appears that Thad Cochran will serve a seventh term as a U.S. Senator for Mississippi.    Continue reading

You Can Lie in Ohio: Federal Court Strikes Down Ohio Law Banning False Political Speech

By Sarah Wiley

A federal judge in Cincinnati struck down an Ohio law which criminalizes intentionally lying in campaign ads or statements, on the books for decades in early September on First Amendment grounds. The state filed an appeal in October. Continue reading

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