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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Recount in Virginia at Least 3 Weeks Away

Before any recount can occur in Virginia, the election results must be certified. This process begins on election night with the local poll workers preparing the statement of the results in their precinct, which must be conveyed to the clerk of the circuit court by noon on the day following the election, along with ballots and other records. V.C.A. 24.2-668. Each local electoral board then is required to meet by 5:00 p.m. on that day to begin the process of opening the statements of results and ascertaining the overall results, which they must conclude within seven calendar days of the election. V.C.A. 24.2-671. The electoral boards then forward these results to the State Board. V.C.A. 24.2-675. The State Board then is required to meet on the fourth Monday in November, or November 27 this year, to examine the results from the electoral boards, and may adjourn from day to day for up to three days to complete the final certification of the winners. V.C.A. 24.2-679. A petition for a recount must await this final certification, and then must be filed within ten days. V.C.A. 24.2-801.

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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