State of Elections

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Tag: ninth circuit

Hawaii Election Challenged with Fifteen Amendment Claims

By: Andrew Lowy

A Hawaii election has put the Fifteenth Amendment in an interesting spotlight. Hawaii’s Act 195, passed in 2011, authorized the Native Hawaiian Roll Commission to compile a list of Native Hawaiians who would later be able to organize themselves as a new nation of Native Hawaiians. This new Hawaiian nation would be similar to already existing Native American nations. Now, Justice Kennedy has issued an order temporarily blocking the counting of ballots in an election proposing to start the process of creating the Native Hawaiian nation.

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HI: Pay-to-Play Law is A-OK in the Aloha State

By: Mary C. Topic

Pay-to-play laws have risen in prominence in recent years, particularly after Citizens United came down. Pay-to-play laws regulate campaign contributions from government contractors, frequently by taking the form of prohibitions on the award of contracts to those who have made campaign contributions. In enacting such statutes, legislatures seek to combat both actual incidences of corruption, as well as the appearance of corruption.

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California’s Law Against Fraudulent Accusations of Voter Ineligibility: Valuable Protection or Unnecessary Remedy?

By Geoff Tucker

When it comes to voter protection, California has a unique law in place: California Election Code § 18543(a) provides that, without probable cause, it is a felony to attempt to prevent people from voting by insinuating that they are ineligible to vote. While this type of law has also been considered by Ohio, California remains the only state with this type of voter protection. The question, however, is whether such a law is necessary or practically useful. Continue reading

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