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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

NJ petition seeks extended ballot access

According to reports  (here, here, and here), the ACLU of New Jersey earlier today filed an emergency petition with that state’s Superior Court on behalf of voters who applied to election officials by e-mail or fax machine for access to a ballot and had not received a response today. The ACLU sought a court order allowing people to vote through the Federal Voting Assistance Program, which provides absentee ballots to residents living overseas or members of the armed services. The ACLU argues the new directive issued today fails sufficiently to protect the right to vote of those seeking greater access in the wake of Hurricane Sandy.

The emergency petition was filed in Superior Court in Essex County, New Jersey, but the ACLU indicated it would pursue a statewide remedy. Earlier indicated that numerous New Jersey voters who tried to email or fax to request a ballot received no reply today or were told they couldn't be processed. This is a rapidly developing story that Election Law @ Moritz will continue to follow closely.

Commentary

Justin   Levitt

Arizona: Voter Registration and the Road Ahead

Justin Levitt

 

June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.

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In the News

Michelle  Alexander

Johnson: Disenfranchising felons hits minorities hardest

Professor Michelle Alexander was quoted in an Athens Banner-Herald article from her book "The New Jim Crow." The article focuses on the disenfranchisement of felons in states like Virginia, where more than seven percent of the adult population cannot vote due to felony charges. In Virginia, Gov. Robert McDonnell is taking steps to restore the right to vote to nonviolent felons.

Alexander's book calls on the idea that disenfranchising felons affects minorities most. She calls voting-rights restoration processes a “bureaucratic maze” that is “cumbersome, confusing and onerous.”

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Info & Analysis

Supreme Court: NVRA Pre-empts Arizona's Proof of Citizenship Law

In a 7-2 decision, the U.S. Supreme Court ruled today that the NVRA preempts an Arizona law requiring documentation of citizenship to accompany voter registration forms. The case is Arizona v. The Inter Tribal Council of Arizona, Inc.

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