The Election Process

Originally published in SC Lawyer (September 2016)  By Robert E. Tyson, Jr. Legal issues surrounding elections have grown immensely in the recent past.  With social media creating more attention on the process and the specific candidates, the process for elections must be solid.  In Anderson v. South Carolina Election Commission, the supreme court held, “Integrity […]

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Legislative Changes to Election Laws in 2016

By Rob Tyson Based on the Voting Laws Roundup 2016 by the Brennan Center for Justice, [1] two key trends have emerged in 2016: 1) automatic voter registration has taken off across the country and 2) States are passing fewer voter restrictions, but restrictions in 17 states will be on the books for the first […]

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Partisan Gerrymandering

By Rob Tyson In Wisconsin, a challenge to the State’s drawing of its legislative districts based on partisan gerrymandering is moving toward a trial beginning May 24.  The Plaintiffs, generally linked together as Democrats, have challenged the legislative districts drawn by “Republican legislators to maximize Republican wins and minimize Democratic influence over the political process…”  […]

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When Are Flawed Elections Voidable?

When are election irregularities so substantial as to void election results? That was the question before the Kentucky Court of Appeals in Adair County Board of Elections v. Arnold, No. 2015-CA-000661-MR, 2015 WL 5308132 (Ky. App. 2015). In Adair, Ben Arnold, an unsuccessful write-in candidate for mayor, and two voters, brought suit against the Adair […]

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The Ballot Selfie

Earlier this month, a federal court in New Hampshire struck down a 2014 enacted New Hampshire law that prohibited voters from taking and disclosing photographs of their completed ballots to let others know how they voted. The law was challenged on the grounds it infringed upon the plaintiffs’ First Amendment rights.  The Judge agreed and […]

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