Approximately half the states require that provisional ballots must be cast in the voter’s home precinct, whereas the other half of the states allow the ballot to be cast in other polling places. The Fair Elections Legal Network has published an eight-page study that makes the case for allowing provisional ballots to be cast outside of the home precinct. The Fair Elections Legal Network was founded in 2006, and it serves as a resource for voters and activists who work for voters to increase the ease of voting. This particular report is authored by Jon Sherman, formerly a staff attorney with the ACLU Voting Rights Office in Atlanta. Thanks to Rick Hasen for the link.
On December 18, the Republican nominee for Attorney General of Virginia will announce formally that he is calling off any further proceedings in the recount. The November 5, 2013 election showed that the Democratic nominee had won by fewer than 200 votes, but the recall so far has increased the Democratic lead to approximately 850 votes. Thanks to Rick Hasen for this news.
On December 17, Alabama held a special election for U.S. House, First District. Although independent candidate James Hall put up a strong legal fight to win a spot on the ballot, he was not on the ballot. The only two candidates on the ballot were Republican Bradley Byrne and Democrat Burton LeFlore. With a few precincts still not reporting from Mobile County, the vote was: Byrne 32,506; LeFlore 13,989.
When this district had last voted, in November 2012, Jo Bonner, the Republican incumbent, had been the only name on the ballot. He had polled 196,374 votes, with 4,302 miscellaneous write-ins for others.
It is startling that the new member of Congress from the First District was elected with only 32,506 votes, plus the few that remain to be counted. Turnout was exceptionally low for a U.S. House election.
On December 16, the U.S. Supreme Court refused to hear Minnesota Majority v Mansky, 13-185. The case concerned a Minnesota law that says, “A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.” The law is interpreted to cover the area around the polling place, up to 100 feet. The case has been filed in 2010 by individuals who wanted to wear buttons. Some of the plaintiffs were election day monitors who wanted to wear buttons that said, “Please I.D. Me.” Other plaintiffs wanted to wear buttons that said “Tea Party Patriots.”
Here is the 8th circuit opinion upholding the law, which was 2-1 and which had been issued on March 6, 2013. That decision conflicts with a U.S. District Court decision from Arizona in 2010, which said that voters were free to wear a tea shirt that said, “Flagstaff Tea Party.” Thanks to several readers for the news.
Peter Aldhous, a freelance journalist who covers science, social science, and journalism, writes here at Medium that polarization and partisanship in the United States has been the rule, not the exception, for most of U.S. history. His analysis determines that the U.S. Constitution is the reason, especially the separation of powers. Thanks to The Mischiefs of Faction for the link.