Jordan Allen '25
Professor Liaison
This past Wednesday, March 22, the American Constitution Society and the Black Law Student Association hosted a conversation with New Jersey Secretary of State Tahesha Way ’96. Secretary Way is the thirty-fourth Secretary of State for New Jersey, having been appointed by Governor Phil Murphy and sworn into office in 2018. Way is also the President of the National Association of Secretaries of State (NASS). Prior to being appointed Secretary of State, Way spent time as an administrative law judge (ALJ) and as an elected representative on the Passaic County Board of Chosen Freeholders.
Opening the event with prepared remarks, Secretary Way began with the story of a medical emergency at nineteen which motivated her to seek out a career in which she could help others in return. After completing her undergraduate education at Brown, UVA Law was her top choice for pursuing her goal. Besides the education itself, her time at the Law School allowed her to connect with the community, clerking for the Virginia Legal Aid Society and the United Steelworkers of America—and to meet her husband Charles Way, a former fullback at the University.
Secretary Way, as the chief elections officer for New Jersey, spent much of the event discussing elections in the current political environment. During her remarks, Way highlighted the importance of such a position as the nation deals with an “upheaval of democracy.” Invoking the efforts in many states to limit voting rights and access under the guise of “election integrity,” a consequence of the Supreme Court’s decision in Shelby County, Way drew a sharp contrast with efforts to expand the electorate and access to the polls in New Jersey. Pointing to the 2020 general election, Way spoke of the importance of her role in clarifying election procedures and guidelines, such as the question of curing mail-in ballots. Turning to the upcoming arguments in Moore v. Harper, Way highlighted the dire consequences which would follow if the U.S. Supreme Court were to embrace the independent state legislature theory, giving legislatures immense power over administration of elections. Several questions revolved around electoral issues, with one student wondering what someone outside of elected office can do to support access to the polls. While Secretary Way emphasized that electoral politics often change quickly, imploring those in attendance to consider running for office, she also directed students to other avenues for involvement, both in the public and private spheres.
Though discussion of voting rights constituted the bulk of the event, Secretary Way also spoke of some of the other areas she has overseen as Secretary of State. While responsibilities within the Secretary of State’s authority vary from state to state, Way outlined some of the work done in addition to overseeing elections. This included chairing New Jersey’s Complete Count Commission, a non-partisan commission established to achieve a complete count in the 2020 census. Way also oversees the state government offices supporting New Jersey’s arts, culture, history, and business communities, a great source of enjoyment for the Secretary.
Secretary Way also highlighted the importance and impact of her identity as a Black woman. Being the first African American in the Association’s 118-year history to hold the presidency of the NASS, Way is conscious of the fact that a century ago, she would not have been able to hold her position. This history of disenfranchisement and alienation for people such as herself has fueled a desire to have everyone vote and participate in the political process. Way also emphasized the importance of representation, highlighting an experience from her time as an ALJ. An African American litigant whom Way ruled against came up to her afterwards and thanked her, as seeing someone like himself in such a position reinforced his perception of having received a fair hearing.
A sizable contingent of New Jerseyans came to the event and, in typical fashion, made their presence known throughout the Q&A portion.[1] Asked about the effects of the political climate on elections in New Jersey specifically, Secretary Way identified misinformation campaigns in the 2019 election and threats against election officials in the 2021 election as troubling issues facing the state.
While the talk revolved around many of the problems facing the Nation and individual states, the overall tone and message remained optimistic about the prospect for progress and the ability to make change, both through positions such as Secretary of State and the efforts of individuals on the ground. “No matter where you live, you can make a difference,” Way emphasized, whether through litigation, volunteering in elections, public interest work, or partisan involvement with party organizations. In times where various factors are “threatening our democracy,” it is integral for those capable to do their part and defend the electoral process. “It is great to know my state has a champion like her,” said Nolan Edmonson ’25.
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guj9fn@virginia.edu
[1] I say this with pride, having spent my undergraduate years in New Jersey.