OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Commentary

Social Initiatives on State Ballots

It is time to assess the effect of social initiatives on the November Presidential election. In 2004, eleven states had same-sex marriage bans on the ballot and many observers believed that they helped turn out the vote for incumbent President Bush in critical states.

The situation is cloudier this year.

First, the number of ballot initiatives is down significantly. There were 204 initiatives in 2006, a non-presidential year, and there are currently only 108 measures certified for state ballots. At most another ten or twenty that are in the certification process will be added. Moreover, a number of ballot issues are sponsored by Christian groups to affect John McCain, not Barak Obama. The groups want to force McCain to declare on social agenda questions on which McCain has otherwise been “weak.”

But a deeper look into the issues shows the same old story. The critical swing states are Indiana, Ohio, Michigan, Virginia, Colorado, New Mexico, Nevada, Missouri, Florida, and New Hampshire. The other states show clear leads for one candidate or the other. So what is happening in the swing states?

In several of the biggest swing states, well-publicized ballot issues would appear to energize people to vote who will also vote for McCain. To the extent that ballot issues get people to vote who otherwise might not vote, the higher turnout would seem to favor McCain.

Florida voters will face a marriage definition amendment, defining marriage as solely between one man and one woman. McCain is a clear supporter of the amendment. Colorado voters will face an amendment banning affirmative action, a “right to work” (anti-union) provision, and an amendment defining life as “beginning from the moment of fertilization.” McCain will support the first two but has yet to declare on the latter. Ohio has a measure to require companies with more than fifty workers to provide seven paid days of sick leave to employees. McCain will oppose the measure as will the Ohio business community. Missouri votes will decide on whether to declare English an official state language. McCain, despite, his ambivalence on the issue, may still benefit here.

In short, in the swing states, social ballot issues may still be very important in bringing out voters that will tend to support one candidate or the other. At present, I suspect that McCain will be the beneficiary. Of course, given Obama’s dramatic appeal to new voters, the young, and minorities, the ballot-issue related turnout advantage for McCain may just be a drop in the bucket.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

Daniel P. Tokaji

Ohio Republicans Push Law To Penalize Colleges For Helping Students Vote

Professor Daniel Tokaji was quoted in a Talking Points Memo article about a bill proposed by Ohio Republicans that would restrict Ohio public universities from providing residency documents to students used to help them vote. Ohio law requires voters to have lived in Ohio for at least 30 days immediately before an election, while public schools require students to have "gone to an Ohio high school or have a parent or spouse who lives or is employed in the state prior to enrollment," the story says.

Essentially, if the law passes, schools giving out-of-state students documents to prove residency in Ohio 30 days before an election, the schools would also have to consider the out-of-state students as Ohio residents and charge them the same tuition price as in-state students. Tokaji said the law is a blatant attempt at voter repression by Republicans and called it "shameful."

“The way that they’ve written this bill makes it clear that its only purpose is to suppress student voting,” he said. “What I’d say to the Republican Party is this is not only a shameful strategy, but it’s a stupid strategy because, you know, the Republican Party already has a signifcant problem with young voters. They’re on the verge of losing a generation of voters. Their path to victory is not to suppress the student vote, but to win the student vote.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...