Category Archives: Electoral process

by Jim McCarthy

On June 6, 2022, one hundred or more Virginians breathed a sigh of relief that they would not be required to campaign for the House of Delegates in November 2022. A panel of federal judges dismissed a lawsuit challenging the 2021 delegate elections because the voting districts were malapportioned, i.e., the results of the 2010 census were still in play defining the populations of the 100 seats.

Since the 14th century, we have been instructed on the crucial nature of the kingdom that was lost due to the want of a nail. A more contemporary moral is related to the significance of “one person, one vote.” The panel found that the plaintiff failed to demonstrate standing to sue because he had not suffered an injury in fact within the district where he voted as required by the Constitution for a case or controversy.

Reviewing the commonwealth’s population data from the 2010 and 2020 censuses, the panel’s analysis concluded that the plaintiff’s vote in the 2021 election was cast in a district that, in fact, had fewer residents than the “ideal district.” Census figures from 2010 indicated the “ideal district” was 80,000. When the new maps were drawn by the Virginia Supreme Court subsequent to the election, the ideal district was pegged at 86,314. The plaintiff’s district prior to the redistricting was numbered at 79,611 and at 85,344 post redistricting. The chart below outlines the analysis:

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by Jim McCarthy

“With what shall I fix it, dear Liza, dear Liza, with what shall I fix it, dear Liza, with what?” May 30th is National Hole in the Bucket Day offering the states and Congress the opportunity to fix the hole in the bucket of Presidential electoral processes and procedures.

At present, members of Congress are unrestrained from voting to accept or reject the certified state electoral votes and slates of electors for the Electoral College. This hole in the bucket has largely been deflected by emphasis upon election integrity, a meme for voter fraud by the voters themselves (or, occasionally groups).

The names of presidential electors may or may not appear on the ballot in most states; voters by and large believe they are casting a vote directly for the president and vice president. The U.S. Supreme Court (Chiafalo v Washington, 2020) unanimously ruled that states have the constitutional authority to force electors to vote in accordance with their state’s popular vote. The opinion, while recognizing state power in this regard, does not require states to prevent faithless electors. At the time of the decision, 33 states, including Virginia, had adopted legislation binding electors. Continue reading →

by Jim McCarthy

Surely, at some point, an accomplished polymath will create Integripedia to provide info-hungry internet users with a comprehensive source on political integrity. Specifically, the compendium should cover the promises and pledges of political leaders as well their foibles and accomplishments and perhaps most memorable statements. For the present, however, we must rely upon Safari, Google, Bing and others to identify such topical information. Worse, we may be relying upon cable news pundits who are no longer characterizing their spiels as journalism.

At the end of April, Virginia’s youngish governor conducted a press conference to discuss his first 100 days in office and parse his administration’s accomplishments. Only a few outlets, rather unenthusiastically, reported upon the signature event. For the most part, the Governor offered that great progress has been made.

A reading of the media coverage confirms that the Governor made no mention of efforts to enhance the Commonwealth’s election integrity, as he promised during his campaign. No mention was made of his legislative amendment to restore integrity to the Loudoun County School Board which, during the campaign, he declared to be guilty of “gross negligence” and “violating the Virginia Constitution.”

Lay folk would likely agree that electoral procedures and processes should be annually administered to ensure the validity and credibility of each and every vote for each and every election. To this end, the proportions or numbers of electoral malfeasance discovered or prosecuted are vital mile posts in identifying soft spots and creating remedial measures. Continue reading →