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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

NY-20 congressional race tied for now

The NY-20 race is still in the counting stage and the candidates are now tied according to the most recent report. The Albany Times Union reports that 3,000 of the outstanding absentee ballots were cast by Republicans, 2,200 by Democrats, and 940 by unaffiliated voters. This MSNBC piece from last week discusses candidate Tedisco’s residency situation. He was not permitted to vote for himself in the special election because he does not live in the district. He has said he will move to the district if elected. The piece lists several other elections that have been decided by one vote over the years. In a hearing held today over when to count absentee ballots, Murphy argued that the ballots should be counted 8 days after the election as spelled out in New York election law while the state Republican party argued that absentees and all paper ballots should be counted at the same time as military and overseas ballots which have until April 13 to arrive according to an earlier federal court order. See the Poughkeepsie Journal story here.  See the case page for In re Mondello here which was filed by the state Republican party before the polls closed on the day of the special election. The Supreme Court of New York in Dutchess County, on March 31, ordered the absentee ballots to be held uncounted pending its decision.

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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