Election Law

Combating Voter Fraud:
The SGLF is invested in helping ensure election integrity and the guarantee that valid votes count in every state across the country. Reducing voter fraud will increase confidence in the election system overall. Common sense efforts such as voter identification are critical towards this effort. Placing limits on same-day voter registration and other early and same day voting laws will also help ensure integrity in our system. Even one invalid vote threatens our entire election system.
In order to maintain a high level of integrity in our elections, more solutions to the voter fraud issue need to be encouraged across the country. Elections are managed at the state level, and it is vital that they remain an integral part of the election law discussion.
Combating the National Popular Vote Movement:

The National Popular Vote Interstate Compact – as of August 8, 2011, when California joined the Compact – now has 49% of the 270 electoral votes necessary for the compact to come into effect.
The states, along with their electoral vote tallies, that are a part of the compact include:
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VT-3 WA-12 NJ-14 MA-11 CA-55 |
MD-10 IL-20 DC-3 HI-4 |
The compact is based on Article II, Section 2 of the US Constitution, which gives each state legislature the right to decide how to appoint its own electors.
The compact specifies that it shall take effect only if it is in states controlling 270 or more electoral votes by July 20th of a Presidential election year.
The National Popular Vote Compact (NPV), if put into place, would mean more recounts and unbelievably contentious elections. Under NPV, every single vote in every single precinct in every state across the country is of value. Recounts of this nature draw into question multiple election law complexities. Currently, each state has laws qualifying recounts, candidates, and voters. Note that recounts would’ve been necessary in as many as 6 elections since 1880 – one out of every 6 elections. (Bradley A. Smith, Vanity of Vanities: National Popular Vote and the Electoral College, 7 Election L.J. 196 (2008).
- “In 2000, Al Gore’s popular vote margin was 0.51 percent, which would have triggered a national recount under the mandatory standard adopted in three of eleven states with mandatory recount statues, and permitted a recount in seven of twelve states placing a percentage floor on optional recounts. It was barely outside the margin triggering a mandatory recount in another five states with mandatory recount percentage triggers and two states with optional recount triggers. The 1960 election, in which John Kennedy defeated Nixon by just 0.2 percent, would have triggered a mandatory national recount under the standard used in ten of eleven states using statutory triggers, and would have met the requirements for a recount in eleven of twelve states with an optional standard. The election of 1880, in which James A. Garfield won the popular vote by 0.1% over Winfield Hancock, would have triggered a recount in any of the 23 states using a percentage threshold. The elections of 1884, 1888, and 1968 would also have triggered nationwide recounts under a one percent rule. In short, under a national popular vote, applying commonly accepted standards for recounts, there is reason to believe we might have had several national recounts” Note, this comes to six recounts. Since 1900, top 2 candidates have had a margin of less than 10% in 16 of the last 20 election.
NPV brings voter fraud, actually it encourages voter fraud – and it spills over into other states. Voter fraud is taken nationwide, as each vote in each precinct could make the difference in an election.
Although swing states would no longer be important, populated urban centers would take their place. Swing states can change from election to election, but these populated urban centers would always garner the most attention from presidential candidates. If the NPV compact comes into effect, the Presidential election would become a race for essentially 11% of the most popular states as they make up about 56% of the population. The race would mostly center on large states with largely urban issues as opposed to states or areas with rural issues.
Despite the aim at amending the Constitution without an amendment, the NPV Compact if approved, would also have to be approved by Congress as it surpasses purely local compact requirements and affects national government.
State laws regarding voter eligibility would be deemed null and void under NPV. Under the Electoral College system, voters who are eligible in one state have no bearing on another state’s electoral votes. Under NPV, ineligible voters in one state will be on an equal level with eligible voters in another state.
If put into effect, NPV will cause a constitutional crisis on numerous fronts.
News & Articles
Arizona legislature pushes election law changes through at last minute
Among the additions: - Making it a crime for volunteer political workers and organizations to collect early ballots from voters and take them to polling places; - Increasing the number of signatures that minor party legislative and congressional candidates need to get on the ballot; - Imposing higher legal standards on voter-sponsored initiatives, making it easier to throw them off the ballot if they do not strictly comply with each and every provision of the law; - Adding some procedural requirements to recall laws.
SGLF Executive Director Chris Jankowski's pushback was featured in Politico regarding NY AG Schneiderman's unconstitutional attacks on non-profits
SGLF's Matt Walter discusses NY AG Schneiderman's unconstitutional attacks on non-profits
Wisconsin appeals court rules voter ID law constitutional
But requirement remains blocked by separate case
The case was brought by the League of Women Voters of Wisconsin. The group's attorney, Lester Pines, said the League would decide over the next couple of weeks whether to appeal the decision to the state Supreme Court. "Voter ID is not the law in Wisconsin and is unlikely to be the law in Wisconsin" because of a raft of litigation, Pines said. Attorney General J.B. Van Hollen, a Republican, in a written statement acknowledged the other outstanding legal actions. "While today's decision is an important step toward full vindication of the law, we recognize that other challenges are still pending that address different issues," his statement said. "We will continue to defend the law and look forward to favorable decisions in those other cases as well."
Ohio Voter Fraud ‘Does Exist’ But ‘Not An Epidemic’
Of the 135 investigated instances of fraud in Ohio, a state where President Obama beat Mitt Romney by some 166,214 votes, 20 of them involved voters who cast ballots in both Ohio and another state and will be referred to the Ohio Attorney General. “Our effort to look into irregularities and root out voter fraud sends a strong message that no amount of fraud is acceptable,” Husted said in a statement. “If you cheat, you will be caught and held accountable.”
Supreme court will not order new Mississippi elections in NAACP case
NAACP challenged 2011 state elections over legislature's failure to draw new district lines according to 2010 census
Party line votes on Senate panel to change voter ID, registration laws
Committee Chairman David Boutin, R-Hooksett, said although the specific reference to a student ID is removed under his voter ID amendment, it would allow state university system student IDs to be used under a broad requirement that the would-be voters produce "a nondriver's identification card issued by" a "department, agency or office of any state." Boutin said he believed the state university system is an agency of the state under the bill. Private student college IDs, such as for Dartmouth College, would also likely be allowed under his amendment, he said, but the decision would be at the discretion of the local elected officials at the polling place. Leaving clear reference to students IDs in the law, he said, "might cause concern" among some Senate Republicans. "It's the art of compromise," he said. "I'm confident moderators will do the right thing." As recommended by the committee Wednesday, the bill would repeal the moderators' discretion to authorize forms of identification they deem "legitimate" on Sept. 1, 2015 and revert to a strict, four-item list. But Boutin said that provision was an oversight and he will introduce a floor amendment when the bill goes to the Senate to make the moderators' discretionary authority permanent.
Iowa Senate rejects voter ID proposal
Sen. Robert Dvorsky, D-Coralville, strongly objected to the amendment. “This is a vote suppression bill, clear and simple,” Dvorsky said, criticizing Republican Secretary of State Matt Schultz for his efforts to detect voter fraud. “This does nothing to move voting forward in Iowa. … I think it is one of the worst, cynical things that you could run.” Ernst disagreed with Dvorsky, saying her proposal was not aimed at voter suppression. “There have been cases of voter fraud in Iowa, not many, but those cases of voter fraud can determine an election. What we don’t know is how many cases of voter fraud go undetected because we are not using voter identification,” Ernst said.
North Carolina legislators' reactions mixed to voter ID bill
Lewis said photo ID at the polls is needed to prevent people from voting under other people's names. But he said he appreciates the concerns of critics, who say a voter ID law risks blocking legitimate voters from voting. Despite society's growing demand that Americans carry government identification papers in their daily lives, some people don't have a current ID, the critics say. As examples, they often cite elderly voters, who let their drivers' licenses expire because they've had to stop driving and are too infirm to sit in line at a driver's license office to get a new state ID. The critics also say poor people and racial minorities are less likely to maintain current citizenship documents.
Legislators refer big changes in elections to Montana voters
The first of those measures, SB 408, would establish a “top-two” primary in Montana elections. Under such a system, voters would not have to choose which party’s primary ballot to fill out; rather, they would receive a single ballot and could vote for candidates from any party. The two people receiving the most votes — regardless of party affiliation — would advance to the general election. The bill’s sponsor, Sen. Alan Olson, R-Roundup, said his proposal ensures that the winning candidate receives most of a district’s overall vote. “I won my seat with 42 percent of the vote,” he told the House State Administration Committee. “So that means that 58 percent of the people who voted didn’t vote for me. I kind of wonder sometimes if that’s fair.” In a similar sentiment, Jeff Laszloffy of Laurel, a former state legislator and anti-abortion activist, stressed that elected officials must reflect the people they represent.
NC House To Debate Voter ID Bill In Committee
Alaska Legislature passes elections bill
The Senate passed the measure 16-4, after several failed attempts to amend it. The bill would change what the state does if a member of its congressional delegation vacates his or her office. A special election would be required between 60 to 90 days after the seat is vacated, but if no candidate receives a majority of the vote, a runoff election between the top two candidates would be held within 60 days of the special election.
Alaska voter ID bill passes final House committee
Lynn says the bill is necessary to protect Alaska's voting system - in which elections can be decided by a single vote - from fraud. "Nothing in HB3 whatsoever prevents anybody who is registered to vote or is motivated to vote from doing so," Lynn told the committee. "It's our intent not to disenfranchise anybody but to safeguard our precious right to vote in this state."
NC House Passes Voter ID Bill
Republican leaders in the North Carolina House unveiled details of their long-awaited Voter ID bill Thursday. The measure would require most North Carolinians to bring photo identification with them to the polls, beginning in 2016. It would allow residents to use a number of different kinds of IDs in order to vote. Republican Speaker of the House Thom Tillis told a news conference that weeks of discussions have gone into creating this bill. Back in 2011, state lawmakers passed a Voter ID measure that would’ve required residents to present one of eight forms of photo identification in order to vote. Governor Bev Perdue vetoed it. But Tillis says, “I think you will see that it’s very different from the bill that was passed last year. It’s trying to take into account a number of the concerns that were raised. I think it’s technically a better bill and a bill that will withstand any challenge that comes to us in the way of the courts.”
Tillis says this measure is a compromise that probably won’t satisfy everyone on both sides of the aisle. It would require nearly all voters to present photo IDs at the polls, except for people who are disabled. Republican Representative Tom Murry of Morrisville says, “We are going to allow for multiple forms of state issued IDs including drivers licenses, non-operators licenses, student IDS from state institutions, employee IDS from state employees, travel cards, we’re also going to be developing a state-wide photo database.”
McDonnell signs bill requiring photo ID for voting
“These efforts have made our electoral system less subject to fraud, but we must continue to look for ways to further address any vulnerabilities in our system,” the executive order states. The Senate bill “continues that mission, providing a process for individuals to obtain free photo identification cards and requiring that acceptable identification with a photo of the voter be provided on Election Day in order to vote.”
High court to consider Arizona’s voter-registration rule
The Supreme Court will hear arguments on a law requiring Arizonans to prove U.S. citizenship in order to register.
This case focuses on voter registration in Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating similar legislation, officials say. The Obama administration is supporting challengers to the law. If Arizona can add citizenship requirements, then “each state could impose all manner of its own supplemental requirements beyond the federal form,” Solicitor General Donald B. Verrilli Jr. said in court papers.
UPDATE Bills on voter ID, change in school elections advance
A Bureau of Legislative Research report submitted Wednesday said implementing the measure would cost $300,000 for hardware, supplies, installation and training. The annual cost after that was projected to be negligible and any cost would be absorbed by the secretary of state’s budget. The cost projection matched exactly the projection that King gave last week.
House finance committee advances bill aimed at preventing voter fraud
The bill approved Monday would also and require ballots to include information about voter fraud and its consequences. Supporters say the bill is necessary because of past problems with voter intimidation. They say the proposal could help protect the democratic process. County clerks from Maui and Kauai say the bill would impose an administrative burden on their offices. They say state law is already consistent with federal law regarding voter fraud.
Poll finds strong support for photo voter ID in Va.
The House of Delegates on Wednesday passed a measure to require the ID. The survey of voters found support for the idea high among Republicans, 95–4 percent, while Democrats backed it 57–41 percent and independents 78–20 percent. A gender gap was around the poll’s margin of error, while white voters supported the idea 79–19 percent and black voters 66–34 percent.
“The voter photo ID bill is similar to ones that have been passed – and are being challenged in court – in a number of states. Generally, polls show similar high support levels for such requirements in a number of states in which the issue has been raised,” said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute.
UPDATE Voter ID bill passes Senate
Senate Bill 2 by Sen. Bryan King, R-Green Forest, passed the Senate by a 23-12 vote. Under the bill, a voter would only be allowed to cast a ballot if he or she showed official identification bearing a photograph — a driver’s license, state identification card, concealed-carry handgun license, military ID, a U.S. passport, employee badge or identification document, public assistance identification card or college student identification card. Poll workers are currently required to ask for identification, but voters don’t have to show it in order to cast a ballot.
Pennsylvania Voter ID Law Sidelined For May Primary Elections Amid Ongoing Lawsuit
Pennsylvania's voter ID measure has been mired in legal troubles since being passed and signed last March. A judge ruled last October to block enforcement of the law for November's general election after finding that the state had failed to make IDs adequately accessible. While ID wasn't required to cast a vote, the judge allowed the state to continue an "education and advertising campaign" informing people about the forthcoming voting requirements. As in November, voters in the May primary will be asked to show applicable photo ID at their polling places, but will be allowed to cast ballots even if they don't have one.
Senate approves voter ID bill; separate House bill advances
Both pieces of legislation — House Bill 1337 and Senate Bill 1256 — would remove several forms of identification, including utility bills and paychecks, that the General Assembly added last year to the list of IDs accepted at the polls. SB1256, sponsored by Sen. Mark D. Obenshain (R-Harrisonburg), would go further, requiring that voters present photo identification.
Missouri House Will Take Up Voter ID Amendment
Republicans have pushed similar bills for several years, with last year’s version passing the House but dying in the Senate. But the elections committee is to hear testimony Wednesday on measures that could advance further because Republicans in the House have a majority that is nearly large enough to overcome a potential veto by Democratic Gov. Jay Nixon.
The GOP controls 109 seats in the chamber and would need just one more to override the governor. The party is expected to pick up that seat in a special election that will be held in early April to fill a seat in southwestern Missouri.
Iowa Senate Republicans introduce photo ID voting bill; call it ‘common-sense’ legislation
Republicans contend their proposal, supported by Secretary of State Matt Schultz, would help prevent election fraud. “Showing proof of identity on Election Day is reasonable,” said Senate Republican Leader Bill Dix, R-Shell Rock. He noted that 31 states already have some sort of voter ID requirement and 15 of those states require photo ID. “This is common-sense legislation that verifies identity to protect the integrity of our election process,” Dix said.
Voter ID likely to pass; will photo be needed?
The GOP-controlled legislature passed a bill in 2011 requiring voters to show a photo ID at the polls, only to have Democratic Gov. Bev Perdue veto it. That won’t be a problem this year, because Republican Gov. Pat McCrory has voiced his support for such a measure. But it is still not clear what form the voter ID bill will take.

