Election Law

Is ACLU inconsistent in voting dilution cases? Group explains its positions

The American Civil Liberties Union told the U.S. Supreme Court in an amicus brief last month that the size of legislative districts should be based on the overall population rather than eligible voters. The ACLU brief argues that even unauthorized immigrants should be counted in districts, a position that tends…

Oct 14, 2015 6:15 AM CDT

Donald Trump campaign is once again targeted for song use; is ASCAP license enough?

Donald Trump is once again feeling the wrath of a musician who claims the Republican presidential candidate is using his music without permission. A lawyer for Aerosmith frontman Steven Tyler sent Trump a letter Saturday demanding that the candidate stop using Aerosmith’s 1973 hit “Dream On” at campaign events, the…

Oct 13, 2015 11:06 AM CDT

Chemerinsky: New term’s most important cases—so far

At 10 a.m. Monday, the U.S. Supreme Court began its October term for 2015, and many of the cases before it present issues that court has dealt with in recent years. The court granted certiorari in 34 cases for the term before it went on its summer recess and granted…

Oct 8, 2015 8:30 AM CDT

Does ‘election effect’ influence state justices in capital cases? Study finds correlation

A study of capital appeals raises questions about the influence of political pressure on elected judges hearing the cases. The Reuters study found that state supreme courts made up of directly elected justices reverse deaths sentences in just 11 percent of appeals, compared to a reversal rate of 27 percent…

Sep 23, 2015 12:06 PM CDT

Attorney faces ethics complaint over ‘sham’ contract drafted in campaign-finance case

A lawyer is now facing a legal ethics complaint for drafting what federal prosecutors in a case against a former Connecticut governor called a “sham” consulting agreement. On Sept. 2, the grievance panel for the New Haven judicial district said it found probable cause that attorney Christian Shelton “knowingly participated…

Sep 15, 2015 5:15 AM CDT

Former attorney will be new Australian prime minister after Tony Abbott is ousted

Malcolm Turnbull, a former prominent lawyer and banker, will be the new Prime Minister of Australia after he successfully ousted the controversial Tony Abbott from power. The long-running struggle between Abbott and Turnbull culminated on Monday when the ruling Liberal Party chose Turnbull as its leader over Abbott by a…

Sep 14, 2015 1:10 PM CDT

Ex-prosecutor indicted over alleged text offer to pay $20K to get opponent to exit judicial campaign

A now-former longtime prosecutor in Davidson County, North Carolina, was indicted Tuesday, accused of texting an offer to pay $20,000 to get an opponent to drop out of an election for a superior court seat. Wendy Joyce Terry, 43, was placed on administrative leave after the alleged July 23 incident…

Sep 9, 2015 5:15 PM CDT

7th Circuit overturns unique halvsies procedure for judicial elections

A judicial election system that produces an even split of Democratic and Republican judges is unconstitutional, a federal appeals court has ruled. The Chicago-based 7th U.S. Circuit Court of Appeals ruled (PDF) on Wednesday that the judicial selection system, used only in one Indiana county, burdens the right to vote…

Sep 9, 2015 12:20 PM CDT

Do selfies violate laws protecting privacy in the voting booth?

Taking selfies in the voting booth was virtually inevitable, given the nation’s social-media-focused culture. So, concerned that the practice could threaten voting rights, some lawmakers have expressly banned doing so. In other states, existing laws concerning voting and photography at least arguably prohibit selfies, reports the New York Times (reg.…

Aug 25, 2015 9:00 AM CDT

Harvard law prof explores Democratic presidential bid financed through crowdsourced funding

Harvard law professor Lawrence Lessig says he will seek the Democratic presidential nomination if crowdfunding helps him raise raise $1 million by Labor Day. Lessig tells the Washington Post his aim is to run as a “referendum president” who will serve until Congress passes a package of reforms dubbed the…

Aug 11, 2015 11:42 AM CDT

Law banning lies about political candidates is struck down by top Massachusetts court

Massachusetts’ top court has overturned a law used to prosecute a PAC official for campaign brochures claiming a state lawmaker put the interests of criminals ahead of families. The Massachusetts Supreme Judicial Court cited free speech protections in striking down the law, which makes it a crime to make or…

Aug 7, 2015 7:26 AM CDT

5th Circuit says strict Texas voter ID law violates Voting Rights Act

In what was described by the Dallas Morning News’ Trail Blazers Blog as a “narrow win” for opponents of a Texas voter identification law, a federal appeals court on Wednesday agreed with a federal district court judge that the law has a discriminatory impact and violates the U.S. Voting Rights…

Aug 5, 2015 4:15 PM CDT

Lawyers debate campaign financing, voter restrictions and other election issues

Believe it or not, there are plenty of hot-button and controversial topics relating to the upcoming 2016 presidential election that have nothing to do with Donald Trump. On Friday, panelists representing a diverse range of ideological and political views spoke at the ABA Annual Meeting in Chicago about issues ranging…

Aug 1, 2015 10:24 AM CDT

Judges may not seek campaign cash, but they may express their gratitude, SCOTUS determines

Thirty-nine states use some form of election to choose their judiciaries. Of those, 30 states largely prohibit solicitation of campaign funds by active judges and judicial candidates. Florida, like a number of other states, has experimented with popular election and so-called merit selection. Today, appellate judges in the state are…

Jul 1, 2015 6:30 AM CDT

Arizona’s independent redistricting commission doesn’t violate elections clause, Supreme Court rules

The U.S Supreme Court has ruled 5-4 that Arizona may use a voter-approved independent commission to draw congressional district boundaries. The commissions are permissible under the elections clause and federal law, the Supreme Court said. Justice Ruth Bader Ginsburg wrote the majority opinion (PDF). Voters approved a constitutional amendment creating…

Jun 29, 2015 9:47 AM CDT