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Tag: Voter ID (page 2 of 5)

Federal Court Ruling Creates Chaos for North Carolina Primaries But There May Be a Solution

By: Blake Willis

Election litigation has experienced a new spike in recent years, with many states being involved with litigation over redistricting plans, Voter I.D. laws, and other ballot access issues. Since the inception of litigation under the Voting Rights Act of 1965 (VRA), there has been a consistent concern that federal courts should not be involved in determining the policies of voting, re-districting, and other related issues. Cases such as plurality opinion Davis v. Bandemer express such concerns, stating that partisan gerrymandering concerns are not justiciable, and that opening the door for federal courts to examine similar claims may set a dangerous precedent. In Veith v. Jubelirer, Justice Scalia echoed this sentiment, arguing that it is an increasingly difficult task for courts to determine what the predominant factor for drawing a district line may be. The expanding jurisprudence from both partisan and racial gerrymandering cases proves this argument may hold some validity, as evidenced by courts’ disagreement over the correct standard to apply, what the evidentiary standard should be, and who the burden of proof rests upon, as just a few examples. Although this litigation has been ongoing for decades, it is by no means near reaching an end.

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Why Was South Carolina’s Voter ID Law Approved in 2012? Will It Remain?

By: Lane Reeder

Prior to Shelby County v. Holder in 2013, South Carolina was a covered jurisdiction under Section Five of the Voting Rights Act.  In 2011, during Legislative Session 119, the South Carolina legislature passed, and the Governor signed, an act that made voting-related changes.  Section Five of Act R54 (A27 H3003) (2011) dealt with voter identification. Because this happened prior to Shelby County v. Holder, pre-clearance was required.  The State asked for pre-clearance from the Attorney General of the United States, but it was denied.  South Carolina then sought a declaratory judgment in the D.C. District Court.

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De-Clawing a Badger: Western District of Wisconsin Softens State Voter ID Law

In a sweeping opinion handed down in late July, United States District Judge James Peterson struck a substantial number of voting provisions from the books in Wisconsin. The opinion, which spans 119 pages, found that multiple voter restrictions enacted by the state legislature were motivated by a desire to advantage incumbent and aspiring Republican officials. The court first rejected the plaintiffs’ facial challenge, relying on a 7th Circuit decision which held that even if some voters have trouble complying with the law, and those voters tend to be racial minorities, the law is not necessarily facially unconstitutional. This initial victory in preserving the overall voter ID law marks the extent of the defendants’ success in the case.

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Black Votes Matter: Pennsylvania’s Impressive History of Access to the Franchise

By: Ebony Thomas

Today, Pennsylvania’s voting laws are among the least restrictive of any state in granting its citizens access to the ballot. Pennsylvania is one of the few states that supports the voting rights of people with past felony convictions. Moreover, Pennsylvania has always been a leader in providing its citizens, especially its black citizens, access to its franchise.

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As early as the late 18th century, black freemen in Pennsylvania had the right to vote-well before the passage of the civil rights amendments (the 13th, 14th, and 15th). These gains were short-lived, as black freemen lost their suffrage rights in 1838 when the Pennsylvania constitution was amended. These freemen did not regain their right to the franchise until 1870 with the ratification of the United States Constitution’s 15th Amendment. During their disenfranchisement, blacks still fought for suffrage by petitioning and protesting for the Pennsylvania legislature to reinstate their rights. Yet their efforts fell on deaf ears. It was commonly held that apathy among black freemen and rising racial tensions between blacks and whites lost them their right to vote in Pennsylvania. Surprisingly, once blacks regained their right to vote in 1870, Pennsylvania did not impose any barriers on the franchise, in contradistinction to other states, which imposed barriers like the poll tax and literacy tests that ultimately led to the passage of the Voting Rights Act of 1965.

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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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North Carolina’s 2013 Voting Laws Were Struck Down By the 4th Circuit, But The State May Not Be Out of the Legal Fights Yet

By: Blake Willis

When the Fourth Circuit struck down North Carolina HB 589, the notorious law which toughened voter-ID requirements, limited early voting, and limited same-day registration, many who champion voter rights believed that North Carolina’s long-standing history as a state with suppressive voter laws may begin to change. However, that optimism may be short lived as North Carolina is now facing challenges on two other election law provisions.

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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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4th Circuit Court of Appeals Hears Virginia Voter ID Challenge

By: Kelsey Dolin

On September 22nd, the 4th Circuit Court of Appeals heard oral arguments in the second round of Virginia Democrats’ challenge of the State’s voter ID law. The appellants contend that the law unfairly burdens minorities and young people’s ability to vote because these groups are less likely to possess the requisite photo ID. The District Court previously upheld the law.

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Linda Greenhouse Speaks at William & Mary School of Law

By: Caiti Anderson & Kelsey Dolin

William & Mary Law School had the pleasure of hosting Linda Greenhouse on September 22. Ms. Greenhouse is a Pulitzer Prize winning columnist for the New York Times who has covered the Supreme Court for thirty years.

She is also a Senior Research Scholar in Law, Knight Distinguished Journalist in Residence, and Joseph Goldstein Lecturer in Law at Yale Law School, where she teaches various courses on the Supreme Court. Her books include Becoming Justice Blackmun, Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling, The U.S. Supreme Court: A Very Short Introduction and The Burger Court and the Rise of the Judicial Right (written with Michael J. Graetz).

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North Carolina’s Stringent Voter I.D. Law Gets a Make-Over

By Laura Wright

Amidst ongoing litigation, North Carolina recently passed a new law that changes its controversial voter I.D. laws. The 2013 voter laws were swept in with other changes to elections and, were considered to be the most stringent in the nation at the time. By North Carolina Board of Election’s estimation, over 300,000 voters, 34% of them African American, lacked the necessary photo I.D. The restrictive voter I.D. law sparked public outrage, leading thousands to protest outside the state capitol building in Raleigh in what have become to be known as ‘Moral Mondays.’ On August 2013, the very same day that North Carolina Governor Pat McCrory signed the bill into law, the American Civil Liberties Union, the ACLU of North Carolina Legal Foundation, and the Southern Coalition for Social Justice filed a lawsuit challenging its constitutionality. That case is still ongoing.

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