State of Elections

William & Mary Law School | Election Law Society

Tag: Section 5

Texas: District Court Orders Texas to Re-Write Voter ID Educational Materials, Requires Preclearance Before Publishing Materials

By: Benjamin Daily

In a new development in Texas’ Voter ID saga, U.S District Judge Nelva Gonzales Ramos found that Texas had misled voters and poll workers about the ID requirements to cast a ballot in the November 2016 election. The new order also requires Texas to obtain preclearance before publishing its educational material. The challenge comes after the Fifth Circuit struck down SB14, the Texas Voter ID law, in Veasey v. Abbott, the Texas Voter ID law last July.

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ELS Speaker Series: Will Consovoy

By: Nate Burchard

On October 25, 2016, the William & Mary Election Law Society Speaker Series hosted attorney Will Consovoy. Consovoy is an appellate attorney and founding partner of Consovoy McCarthy Park LLC, co-director of the George Mason University School of Law Supreme Court Clinic, and former law clerk to Supreme Court Justice Clarence Thomas.

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A Shift in Federal Power? Supreme Court to hear Arizona’s Citizenship Requirements for Voter Registration

by James Adam

Arizona law requires individuals to present documents proving U.S. citizenship in order to register to vote. Acceptable proof includes a photocopied birth certificate, photocopied pages of a passport, U.S. naturalization papers or Alien Registration Number, an Indian Census number, Bureau of Indian Affairs card number, Tribal Treaty Card/Enrollment Number, or a photocopy of one’s Tribal Certificate of Indian Blood or Tribal/Bureau of Indian Affairs Affidavit of Birth.  Any change of residence between Arizona counties requires subsequent proof of U.S. citizenship.

In April, the United States Court of Appeals for the Ninth Circuit in San Francisco struck down this Arizona law.  The court declared that federal voting laws requiring only that the applicant sign their name to verify US citizenship supersedes local election law.  In June, the Supreme Court overturned a stay of the decision, and Arizona was unable to require proof of citizenship for registration in the November 2012 election cycle.  However, the state can still urge voters to fill out Arizona registration ballots requiring this proof, but they may not bar an individual from simply registering by merely swearing their citizenship under the federal form.  Also at the time of this decision, the Ninth Circuit upheld Arizona’s photo identification requirement.  The Supreme Court will hear the citizenship arguments early next year. Continue reading

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