State of Elections

William & Mary Law School | Election Law Society

Tag: secret ballot

A Loophole in State Law and the U.S. Election Fraud Commission

Earlier in the year, President Donald J. Trump announced his decision through an executive order to establish the Presidential Advisory Commission on Election Integrity, a working group designed in his view to eliminate voter fraud. Concerned with potential for state voter rolls to be inaccurate and misused, the election fraud commission sought voter rolls from all 50 states to vet and review. While the specific tasks of the election fraud commission remain unknown, the ultimate goal, at least publicly, appears to be to ensure the most accurate electoral outcomes possible.

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Michigan Lawsuit Challenges State Ballot Selfie Ban

By: Sara Krauss

In the November 2012 election, Michigan voter Joel Crookston posted a photo of part of his completed ballot on Facebook, demonstrating his write in-vote for a friend for the position of Michigan State University trustee. On September 9, 2016, Pillar of Law filed a lawsuit on his behalf, arguing that the state laws requiring he forfeit his vote, and potentially receive a fine or jail time for the misdemeanor, is unconstitutional.

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The Battleground 2012: Can Colorado Keep a (Ballot) Secret? After Citizen Center v. Gessler, It’s Not Required To Do So

by Caitlin Cater

Barcodes are a ubiquitous feature of modern life. They appear on everything from retail products and advertisements to patient forms at the doctor’s office. But perhaps one place a person might not expect to find a barcode is on an election ballot—especially when that barcode can be used to link an individual ballot with the voter who cast it. The notion seems at odds with our venerated tradition of the “secret” ballot. Indeed, that is what the plaintiffs argued in Citizen Center v. Gessler, a recent case before the United States District Court in Colorado.

On February 13, Citizen Center, a nonpartisan group of Colorado voters, filed a complaint challenging the constitutionality of election policies and procedures in six Colorado counties. Specifically, Citizen Center alleged that the defendant counties’ election ballots each contain a unique identifying mark that allows a voted ballot to be traced to its specific voter. Citizen Center further alleged that use of these ballots unconstitutionally infringes upon citizens’ fundamental right to vote, as well as their First and Fourteenth Amendment rights.   Continue reading

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