Straight-ticket voting

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Straight-ticket voting, also known as straight-party voting, enables a voter to select one political party's complete slate of candidates for every office by making a single mark on his or her ballot. As of September 29, 2020, six states provided for straight-ticket voting. The term may also be used informally to refer to the practice of a voter individually selecting candidates belonging to a single party.[1][2]

Usage

The following states provided for straight-ticket voting as of September 29, 2020:[1]

  • Alabama
  • Indiana
  • Kentucky
  • Michigan
  • Oklahoma
  • South Carolina

Noteworthy events

2020

Texas

On September 25, 2020, Judge Marina Marmolejo, of the U.S. District Court for the Southern District of Texas, issued an order enjoining state officials from enforcing legislation that had rescinded Texas' straight-ticket ballot option. Marmolejo wrote the following in her opinion: "The Court finds that HB 25 [the legislation eliminating the straight-ticket device], especially as exacerbated by the ongoing pandemic, places a greater than minimal burden on Texans' right to vote and right to associate." The full text of the opinion can be accessed here.[3]

On September 28, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit temporarily stayed Marmolejo's order, pending further proceedings. On March 16, 2022, the Fifth Circuit dismissed the case, finding that the plaintiffs had failed to bring suit against the proper defendants (having sued the secretary of state when, the court held, county officials were the proper defendants).[4][5]

Utah

On March 24, 2020, Utah Governor Gary Herbert (R) signed HB70 into law, eliminating the straight-ticket voting option. The bill was scheduled to take effect in advance of the November 3, 2020, general election.[6]

2019

Pennsylvania

On July 5, 2019, Governor Tom Wolf vetoed SB48, which would have eliminated the straight-ticket voting option in Pennsylvania had it been enacted. On October 31, 2019, Wolf signed into law SB421, which, among other things, eliminated the straight-ticket voting option.[7]

2018

Michigan: Federal appeals court allows enforcement of state law removing straight-ticket voting option

On September 5, 2018, the United States Court of Appeals for the 6th Circuit stayed a district court order that had barred enforcement of a Michigan law adopted in 2016 that provided for the repeal of the straight-ticket voting option. The court ruled 2-1 on the matter, with Judges Danny Boggs (a Ronald Reagan appointee) and Raymond Kethledge (a George W. Bush appointee) forming the majority. Judge Bernice Donald (a Barack Obama appointee) dissented. Boggs penned the court's majority opinion, which read, in part, as follows:[8][9]

The alleged evils of eliminating Michigan's straight-ticket system seem unlikely to outweigh the ability of a state to make a public policy choice common across all fifty states. ... The irreparable harm to voters in taking what would be at most very small additional time to register their choices, an additional time largely within the control of the voter, is very small. And the public interest in allowing states to control their own elections is quite strong, as the Constitution itself makes clear.[10]
—Judge Danny Boggs

The law's opponents argued that rescission of the straight-ticket voting option disproportionately discriminated against African-American voters. A federal district court, on August 1, 2018, had ruled that the law rescinding the straight-ticket option violated the United States Constitution and Section 2 of the Voting Rights Act. In staying this district court ruling, the appeals court did not make a final ruling on the validity of the Michigan law, instead finding only that the state had "demonstrated a likelihood of reversal" of the district court decision upon further proceedings. On September 6, 2018, proponents of Michigan's straight-ticket device petitioned the Supreme Court of the United States to overturn the appeals court decision and restore the device to the ballot for November's election. On September 7, 2018, the high court declined to intervene in the case, letting the appeals court's ruling stand.[9][11][12]

New Mexico: State supreme court reverses reinstatement of straight-ticket voting option

On August 29, 2018, New Mexico Secretary of State Maggie Toulouse Oliver (D) announced that the state's ballots for the 2018 general election would include a straight-ticket option for the first time since 2012 (at which time Republican Secretary of State Dianna Duran removed the option from ballots). In announcing this decision, Oliver said, "Like absentee voting and early voting, straight-party voting gives New Mexicans another option for casting their ballot. Voters can choose to use straight-party voting, if they decide it will work best for them. They can also choose to fill out the ballot for each individual race. The more options people have, the easier it is for more eligible voters to participate—and participation is the key to our democratic process."[13]

On August 30, 2018, opponents, including New Mexico's Libertarian and Republican parties, filed a suit against Oliver in the state supreme court. In their court filing, the plaintiffs said, "Virtually all political observers agree that straight ticket voting benefits the Democratic Party in New Mexico – of which the Secretary of State is a member, and for whom she is a current candidate for reelection – and harms independent, minor-party, and Republican candidates. As such, the Secretary’s actions are widely perceived as being motivated by partisan interests." The plaintiffs requested that the court bar the inclusion of a straight-ticket option on any general election ballots.[14]

The state supreme court agreed to hear the case and scheduled oral argument to take place on September 12, 2018. On September 12, 2018, after oral argument had concluded, the court issued an order barring Oliver from reinstating the straight-ticket voting option. The court ruled 5-0 on the matter.[15][16][17]

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See also

External links

Footnotes

  1. 1.0 1.1 National Conference of State Legislatures, "Straight Ticket Voting States," January 8, 2016
  2. Dictionary.com, "Straight ticket," accessed March 28, 2014
  3. United States District Court for the Southern District of Texas, "Texas Alliance for Retired Americans v. Hughs: Memorandum and Order," September 25, 2020
  4. The Texas Tribune, "Federal appeals court temporarily blocks ruling that reinstated straight-ticket voting in Texas," September 28, 2020
  5. Ballot Access News, "Fifth Circuit Decision on Texas Straight-Ticket Device," accessed March 28, 2022
  6. Jurist, "Utah governor signs bill ending single-mark straight ticket voting," March 25, 2020
  7. Ballot Access News, "Pennsylvania Governor Vetoes Bill that Would have Eliminated Straight-Ticket Device," July 5, 2019
  8. Ballot Access News, "Sixth Circuit Removes Straight-Ticket Device from 2018 Michigan Ballots," September 5, 2018
  9. 9.0 9.1 United States Court of Appeals for the 6th Circuit, "A. Philip Randolph Institute v. Johnson: On Appeal from the United States District Court for the Eastern District of Michigan," September 5, 2018
  10. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. U.S. News and World Report, "Supreme Court Rejects Appeal Over Michigan Election Law," September 7, 2018
  12. Ballot Access News, "Michigan Supporters of Straight Ticket Device Ask U.S. Supreme Court to Restore the Device, but Court Declines," September 7, 2018
  13. KRWG Public Media, "New Mexico Reinstates 'Straight Ticket' Voting Option," August 29, 2018
  14. Independent Voter Network, "N.M. Lawsuit: Sec of State’s Straight-Party Ballot Action Illegal," September 4, 2018
  15. Ballot Access News, "New Mexico Supreme Court Will Hear Straight-Ticket Lawsuit on Wednesday, September 12," September 4, 2018
  16. Supreme Court of the State of New Mexico, "Unite New Mexico v. Oliver: Order," September 12, 2018
  17. Santa Fe New Mexican, "High court blocks plan to restore straight-party voting," September 12, 2018