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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

WY-1: Unofficial Counts in but Results Not Yet Certified

In Wyoming, final unofficial counts have been released, with Republican Barbara Cubin leading Democrat Gary Trauner by 970 votes. According to the Wyoming Secretary of State, this difference does not trigger an automatic recount. Gary Trauner has stated that he would not seek a recount; however, he was waiting to concede the election until after the results had been certified and provisional ballots are counted. If, after the final votes are counted, the margin of victory is less than 1% of votes, a state funded recount would be automatic; if the margin of victory is greater than 1%, the candidate must pay for any recount. For the state funded recount to occur, Trauner would need to narrow Cubin’s current lead by at least 38 votes after all votes are counted. A recount may be requested any time between now and November 17. Trauner himself has stated that he does not believe there was any fraud involved in Tuesday’s election. However, there apparently were some glitches in at least three counties which the state is investigating. Minor problems had been reported regarding the voting equipment and absentee ballots. The status of this investigation and its impact, if any, on the election is yet to be determined.

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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