Elections

From a gas tax repeal in California to a proposed gas tax increase in Missouri and from a lockbox amendment in Connecticut to dueling bonding proposals in Colorado, state ballots this November will include a variety of measures that could have a profound impact on the future of transportation around the country. Transportation is also being raised as an issue in many of the nation’s gubernatorial contests this year. Here’s a roundup of some of the transportation policy-related choices voters will face on Election Day and links to where you can read more.

CSG Midwest

Significant shifts have occurred over the past decade — including how people register, where and when they vote, and partisan control of state governments.

CSG Midwest
In less than eight weeks, some Midwestern voters will be asked to decide more than just who will sit in which legislative seats. Depending on their location, they’ll be asked about redistricting, legalizing marijuana, ethics reform, Medicaid expansion, and more.

Chapter 6 of The Book of the States 2018 contains the following tables:

CSG Midwest
Later this year, South Dakotans will vote on whether the state should have a higher bar for changing the Constitution. Under the proposal, placed on the ballot this year by the Legislature, constitutional amendments would require approval of 55 percent of the votes cast.

Abbott v. Perez is odd and unusually complicated even for a racial gerrymandering case.

In a 5-4 ruling, the Supreme Court upheld all but one of Texas’ 2013 congressional and state legislative districts. The Texas Legislature’s 2013 redistricting plan codified a Texas federal district court’s second attempt at redrawing the legislature’s 2011 plan. The Supreme Court concluded the lower court erred when it required the Texas Legislature to prove that it purged the racially discriminatory taint of the 2011 legislative-drawn plan.

In an effort to establish and strengthen private-public partnerships addressing election security, the Department of Homeland Security’s (DHS) National Cybersecurity Assessments and Technical Service (NCATS) team has announced a program allowing federally funded national science laboratories to examine and identify gaps that would help mitigate state election systems being vulnerable to cyber threats.

In 1986 a majority of the Supreme Court agreed that partisan gerrymandering may be unconstitutional in certain circumstances. But in that case and since then the Court has failed to agree on a standard for when partisan gerrymandering crosses the line. In Gill v. Whitford and Benisek v. Lamone the Supreme Court again declined to adopt a standard for what constitutes an unconstitutional partisan gerrymander.

In Gill the Court concluded that the gerrymandering challengers failed to demonstrate they had standing to bring their lawsuit. In Benisek the Court allowed Maryland’s redistricting plan to go into effect because, among other reasons, the challengers were too delayed in bringing their lawsuit.  

A closer look at the Supreme Court opinion in Minnesota Voter Alliance v. Mansky reveals that the case may not be as bad as it seems for the thirty some states which prohibit campaign-related accessories or apparel at polling place.

In a 7-2 decision the Supreme Court struck down a Minnesota law which prohibits voters from wearing a political badge, political button, or anything bearing political insignia inside a polling place on Election Day. According to the Court banning all political speech is too broad. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Minnesota.

As states begin preparing their election systems for the upcoming midterm elections, the federal government is offering support and guidance to state and local election officials to better respond to threats similar to those encountered during the 2016 election cycle.

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