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naraburns  nihil supernum  1yr ago (text post)   Edited 1yr ago   18873 thread views

USA Election Day 2022 Megathread

Tuesday November 8, 2022 is Election Day in the United States of America. In addition to Congressional "midterms" at the federal level, many state governors and other more local offices are up for grabs. Given how things shook out over Election Day 2020, things could get a little crazy.

...or, perhaps, not! But here's the Megathread for if they do. Talk about your local concerns, your national predictions, your suspicions re: election fraud and interference, how you plan to vote, anything election related is welcome here. Culture War thread rules apply, with the addition of Small-Scale Questions and election-related "Bare Links" allowed in this thread only (unfortunately, there will not be a subthread repository due to current technical limitations).

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How about a thread of ballot measures of Culture War interest and their results? You can find a list of all measures on the ballot in every state here.

Abortion

Four states (CA, KY, MI, VT) had measures on the ballot related to abortion last night. Three of these (CA, MI, VT) were attempts to enshrine abortion as a right in their state constitutions. All three passed. One (KY) was an effort (similar to KS earlier this year) to amend their constitution to clarify it does not contain a right to abortion. This measure failed. One thing I want to draw attention to is the difference in margin between the KY Senate race and this ballot measure. Rand Paul easily cruised to victory with a margin (according to the NYT) of 890k votes to 550k votes (61.6-38.4). By contrast this ballot measure lost 700k votes to 632k votes (52.55-47.45). Even if every single Booker voter also voted No on the amendment there would still have to be another 150k Paul voters (10% of the electorate, 1/6 of Paul's voters) who also voted No. So it seems like there may be a substantial number of Republican voters who are turned off by the party's position on abortion.

Slavery

Involuntary servitude as punishment for a crime was on the ballot in five (AL, LA, OR, TN, VT) states last night. Of those, four of them (AL, OR, TN, VT) passed their ballot measures prohibiting involuntary servitude as punishment for a crime and one (LA) did not.

Drugs

It was a pretty mixed night for drug legalization on the ballot. Five states (AK, MD, MO, ND, SD) had marijuana legalization initiatives. Two of those (MO, MD) passed and three (AK, ND, SD) did not. Colorado looks set to approve a ballot measure decriminalizing certain psychedelics (including psilocybin and DMT) statewide.

Nondiscrimination

One final ballot measure I want to call attention to is in Nevada. There they passed a constitutional amendment that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin."

There they passed a constitutional amendment that "prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.

Will 5-year-olds be able to vote in Nevada next election? Is there any way to interpret the text of the amendment that wouldn’t preclude denying a person the right to vote on account of their age being only 5? Does anyone actually read these things?

Will 5-year-olds be able to vote in Nevada next election?

Almost certainly not.

Is there any way to interpret the text of the amendment that wouldn’t preclude denying a person the right to vote on account of their age being only 5

The amendment by itself? Maybe not. In the broader context of the Nevada constitution? Definitely. You just interpret Article 2 Section 1 (which sets the minimum age for being an elector) as controlling.

Does anyone actually read these things?

Yea, definitely.

Perhaps I'm underinformed on how amendments affect the interpretation of the previously ratified constitution. Does the amendment need to state a specific section being modified, or does the fact that it is more recent automatically give it supremacy in interpretation?

Reading Article 2 Section 1 carefully, it doesn't actually state that electors must be 18 or older, it says:

"All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election"

It enumerates the positive right for people 18 and over to vote, but does not explicitly deny the vote to those under 18. Given that there is a brand new amendment specifically saying that the state can not deny rights on account of age, it seems to me that the only way to harmonize these two sections is to extend the right to vote to all ages.

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