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Tag: Voter Identification (page 1 of 2)

Why Go to Wisconsin?

By: George Nwanze

While Gil v. Whitford, the Wisconsin gerrymandering case presently before the Supreme Court, may be absorbing all the legal intrigue, one previously litigated issue involving Wisconsin’s elections has gone unnoticed. Particularly, the state’s voter identification laws and the suppressive effects it has had on voter turnout.

In the aftermath of the 2016 election, perhaps the most common retort of the electoral upset was, “Wisconsin should have gone to Hillary Clinton.” Wisconsin was typically viewed as a reliable Democratic state in presidential elections, as the last time Wisconsin went for a Republican for president was in 1984. However, this assertion was more of a visceral reaction to what many view as a poor political decision, rather than something that the data actual bears out. Fortunately, a recently released study by the University of Wisconsin-Madison (UWM), sheds some light on whether it actually mattered if “she went to Wisconsin.”

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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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Wisconsin: One Wisconsin Institute v. Nichol

By: Lisa Zhang

One Wisconsin institute, Citizen Action of Wisconsin Education Fund, and six Wisconsin residents filed a complaint against a series of provisions that Wisconsin has made since 2011 to its voting and election laws.

Interestingly, Wisconsin’s election laws just withstood a challenge that had lasted for four years. On March 23, 2015, the Supreme Court denied the petition for certiorari of Frank v. Walker. In Frank, plaintiffs challenged 2011 Wisconsin Act 23, which specifies limited acceptable forms of photo IDs, under the Equal Protection Clause of the Fourteenth Amendment, and the district court found it in violation of both the 14th Amendment and Section 2 of the Voting Rights Act (VRA). The 7th Circuit reversed the judgement on the ground that Wisconsin’s Voter ID law does not differ in ways that matter under the analysis in Crawford v. Marion.

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Two Letters, The National Voter Registration Act, and Voter-ID in Nebraska

By: Eric Sutton

On September 22, the Omaha World Herald published a story about two letters sent to seven Nebraska counties threatening lawsuits for voter registration irregularities. In particular, the letters alleged that the Nebraska counties of Wheeler, Loup, Kimball, Thurston, Hooker, Keya Paha, and Thomas have more registered voters than individuals of voting age. While the groups behind the letters argue that the threat of suit is designed to prevent voter fraud through effective maintenance of voter registration records, an examination of the Nebraska Legislature’s most recent session, and the past of the two organizations responsible for the letters, indicates that these letters may provide the foundation for a renewed push for voter-ID in Nebraska.

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Oregon’s New Hyper Motor Voter Law

By: Matthew Hubbard

Voter identification laws of various forms, which are currently enforced in 32 states, continue to garner significant national media attention and spark contentious debate. Proponents argue that the laws prevent voter fraud and preserve the legitimacy of the electoral process while opponents claim that in-person voter fraud is a phantom problem and that these claims are merely pretext for partisan vote suppression. As the public attention and debate surrounding these voting restrictions increases, however, one state has managed to quietly pass legislation that moves as far as possible in the opposite direction.

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David Baugh Lecture: “Lynching, Literacy Tests, & ID Cards, The Suppression of Minority Voters”

By: Caiti Anderson

DBAs an editor of this blog, I keep a constant eye out for election law events to report. Fortunately (for both the blog and myself), I am exposed to brilliant thinkers and passionate advocates. On October 27th, I attended David Baugh’s excellent lecture, “Lynching, Literacy Tests & ID Cards: The Suppression of Minority Voters,” hosted by the Wolf Law Library. Mr. Baugh is a Richmond-based criminal trial lawyer dedicated to protecting and defending the Constitutional rights of all. Some of his career highlights include representing members of al-Qaeda and the Ku Klux Klan in high profile civil rights cases. The American Bar Association, Virginia State Bar, and Old Dominion Bar Association have all recognized Mr. Baugh for his fearless advocacy.  He lives by the maxim he related during the lecture; “Protect the rights of people whom you don’t agree with, because when you do, you defend the rights of America.”

 

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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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Wisconsin Government Accountability Board

 By: Dan Sinclair

In 2008, in the wake of a legislative caucus scandal and partisan rulings by the state’s Elections Board, Wisconsin announced the formation of a new non-partisan ethics and elections agency. The Government Accountability Board (GAB), formed from the merger of the Elections Board and Wisconsin’s Ethics Board, was intended to provide an independent body capable of investigating criminal and civil violations of the state’s ethics and election laws free from the partisan and financial pitfalls that wracked its predecessors.

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Striking the Right Balance: Voter ID Laws in Michigan

By: Jason M. Kowalski

The right to a voice in the political process is the most fundamental aspect of American government. “No taxation without representation” was the rallying cry for American Revolution and the ideal that every person should have an equal vote and equal access to vote is one our country still aspires to reach. It is no mystery then, especially in light of our country’s terrible track record in disenfranchising minorities, that Voter ID laws have been the source of such controversy. There are reasonable arguments on both sides of the issue. Advocates argue that such laws ensure that only those who are eligible to vote can do so and protect the integrity of the electoral process with, for most Americans, minimal intrusion. Opponents point out, that such requirements tend to have disparate impact on minority groups who have less access to the IDs themselves or the means to obtain them, including transportation, documentation and sometimes the funds necessary to purchase them.

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Voters? We don’t need no stinkin’ voters

Why recent changes to Texas election laws may unintentionally undermine voter turnout

by Daniel Carrico

The Texas Secretary of State is fighting to uphold Texas’s new voter photo identification law against federal scrutiny. The press has reported extensively on the battle brewing between the states and the United States Department of Justice over the impact that voter ID laws will have on voter turnout. Many groups believe that voter ID laws—which require persons to show photo ID before casting their votes—unfairly target minority voters, making it more difficult for them to participate in the democratic process. While the photo ID requirement is the most widely reported change to the Texas election process, it is not the only new roadblock likely to affect voter turnout in the Lone Star State’s upcoming elections.

New Burdens for Voluntary Deputy Voter Registrars

Earlier this year, the Texas legislature bolstered the requirements for persons wishing to serve as deputy voter registrars by passing House Bill 2194 and House Bill 1570.

In Texas, the voter registrar in each county may appoint one or more deputy registrars. Deputy registrars are volunteers who assist in the registration of voters. They distribute applications, help people fill out applications, and generally promote voter registration. Continue reading

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