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Election Law @ Moritz

Election Law @ Moritz


Sandy Colloquy

This is a colloquy concerning the response to Hurricane Sandy

Sandy Colloquy 1: Could Election Day Be Washed Out?

Could Election Day be washed out? With Hurricane Sandy and Election Day upon us, this perfect storm could lead to a very imperfect election.

Hurricane Sandy has the potential to disrupt elections in key swing states. It is already affecting Virginia and its future path could wreak havoc in New Hampshire or Ohio and other states with close congressional races.

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Sandy Colloquy 2: Can Paper Save Election Day from Sandy?

This comment is part of a colloquy initiated by John Fortier's thoughts on the potential implications of Hurricane Sandy for this year's election.

John raises important questions, both about how to handle the electoral implications of Hurricane Sandy specifically and also more broadly about how states and the federal government can better prepare for future emergencies that disrupt voting on Election Day.

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Sandy Colloquy 3: Unintended Consequences

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here.]

The winds are still blowing here in Virginia, so the question of how the storm might affect our election is a live one. Ned Foley, as he often does, has deepened the discussion of this question, and he has turned our focus to the exact issue at hand.

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Sandy Colloquy 4: Hurricane Sandy, the 2012 Election, and Some Room for Compromise

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here; read John Fortier's second post here.

National disasters bring the country together. In the aftermath of the shooting at a "Congress on Your Corner" event featuring Representative Gabby Giffords in Tucson, Arizona, the United States reflected on our politics and civil discourse. Indeed, just two weeks later Members of Congress sat next to their political opponents at the State of the Union address to exhibit a sense of bipartisanship. The country demonstrated similar rallying behind President George W. Bush after the terrorist attacks of September 11, 2001.

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Sandy Colloquy 5: Making Every Effort to Vote On-time

If modern American political history is any guide, every effort will be made to conduct the election on its regularly scheduled date in all states affected by Sandy, for the simple reason that the USA (and the world, given the USA's out-sized importance to it since the 1940's) needs to have a result very quickly in order to make a smooth, effective transition possible if the challenger wins. That real-world pressure heavily affected the Bush v. Gore litigation's resolution. And so unless conditions are truly unworkable, in major metro areas especially, I expect the election to go forward on Nov. 6th, even if the results are messy in the sense that some voters don't show up for weather-related reasons and some machines fail and voters are asked to fill out paper ballots for that reason.

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Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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