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Tag: VRA (page 2 of 2)

Alaska Natives Afforded Voting Rights

The Voting Rights Act of 1965 was one of the single greatest accomplishments of the Civil Rights Movement in the 1960s.  The act bans racial discrimination in voting practices by all levels of government, and was enacted with the specific purpose of enfranchising millions of African-Americans in the South and Latinos in the Southwest, as well as those who had been shut out of the voting process because of their lack of English fluency.  Due to its overwhelming success,  the Voting Rights Act is often considered the “most effective civil rights law ever enacted.” Although a major component of the Voting Rights Act was held to be unconstitutional in the case Shelby County v. Holder in 2013, some states are still experiencing the benefits the Voting Rights Act was meant to provide.

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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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Compactness and Political Considerations in Virginia General Assembly Districts

By: Emily Wagman

On September 14th, fourteen plaintiffs represented by DurretteCrump PLC filed suit in the Circuit Court for the City of Richmond against the Virginia State Board of Elections, alleging that their respective House of Delegates and State Senate districts are not compact. Compactness is one of the Virginia Constitution’s three redistricting criteria. Along with compactness, the Voting Rights Act (VRA) requirements, and the “one person, one vote” requirement, districts must be contiguous and as close to equal in population as possible. Contiguity and equal population are relatively easy to determine, by looking at the proposed maps and the population data, respectively, compactness is more complicated.

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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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It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia

by Student Contributor

On June 25, 2013, the levee finally broke. After earlier hinting that it would, the Supreme Court of the United States struck down the formula for determining which jurisdictions required preclearance under the Voting Rights Act.

Predictably, pandemonium ensued. Some commentators forecasted that states would revert to practices that result in further restrictions on who can vote. An example in Virginia is a new voter ID law that will now go forward unchecked by the Department of Justice thanks to the Court’s decision in Shelby declaring the VRA preclearance formula unconstitutional. Continue reading

Alabama sidesteps VRA § 5 preclearance status quo: I’ll see you in court

by John Alford

As part of the mandated decennial redistricting, the Alabama legislature will change the lines for the State’s congressional and school board districts. Current and proposed maps can be found here. This redistricting will alter the political landscape of the State, but before Alabama can move forward on redistricting, the Federal Government has to approve of the new map as per the Voting Rights Act § 5 (“VRA”). Under the VRA § 5, there are two paths Alabama can take to get preclearance. It can seek approval through the Justice Department (DOJ) or through the U.S. District Court for the District of Columbia. (For more on the VRA § 5, particularly why and how states like Alabama get preclearance from the Federal Government, see here.) Alabama has opted to take the matter to court.

Like many other covered jurisdictions, Alabama is unhappy with the requirement that the Justice Department (DOJ) keep tabs on its election process. To wit, Shelby County recently filed suit challenging the constitutionality of the preclearance process, so far unsuccessfully (see more about this lawsuit here.) The opinion in Shelby County emanates from the same court from which Alabama is seeking preclearance on redistricting. But the ruling against Shelby County should not alter how the District Court views the issue here. Overturning VRA § 5 would be an extreme political move, essentially declaring that issues of race no longer disrupt the electoral process in states historically notorious for prejudicial practices. Granting preclearance to a redistricting plan, as routinely done in the past, is nowhere near as high a hurdle for Alabama to clear. Continue reading

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