The Markup: DOJ pressures states for voter data

We are tracking 1,691 bills prefiled or introduced this session across 50 states. Our analysis finds that 741 bills improve voter access or election administration, and 434 bills restrict voter access or election administration.

Improving Voter Access or Election Administration

Federal court strikes down Kansas law banning pre-filled mail ballot applications.

A federal judge in Kansas ruled that a provision of H.B. 2332 (banning the distribution of pre-filled mail ballot applications) violates the First Amendment. The 2021 law, which was enacted over Gov. Laura Kelly’s veto, made it a crime to send mail ballot applications to voters with basic information, such as their name and address, already filled in.

Massachusetts residents initiate ballot measure to restore voting rights for individuals with criminal convictions.

In Massachusetts, criminal justice and voting rights advocates are working to put a question on the 2028 ballot that would end disenfranchisement based on criminal convictions. Currently, citizens lose the right to vote while incarcerated for a felony conviction due to a constitutional amendment passed in 2000. If the state attorney general determines that the proposal is eligible to appear on the ballot, proponents of the measure will need to collect over 70,000 signatures from voters by mid-November.

Pennsylvania rolls out redesigned provisional ballot envelopes aimed at reducing errors.

Secretary of the Commonwealth Al Schmidt unveiled a redesigned provisional ballot envelope. The new envelope features clearer instructions, highlighted signature areas, and simplified poll-worker sections. During the November 2024 election, 29% of provisional ballots cast in the state were rejected. The redesign follows a similar update of mail-in ballot envelopes in 2023. That update was linked to a 57% drop in mail ballot rejection rates. 

On Our Radar

Multiple lawsuits have been filed in Montana challenging restrictive election laws.

Several lawsuits were filed in Montana challenging bills passed this session. One lawsuit challenges S.B. 276 (narrows the types of acceptable voter IDs and eliminates the option for voters with an impediment to obtaining an ID to sign an attestation) and S.B. 490 ( limits same-day registration). Another lawsuit challenges H.B. 413, which prohibits citizens living in Montana temporarily (i.e., college students) from registering to vote. They may only register if they plan to live in the state permanently. Finally, an additional lawsuit challenges H.B. 719, which requires voters to provide their date of birth on mail ballot applications and mail ballot return envelopes.

Texas legislature starts special session today.

The session agenda includes redistricting and legislation proposing a constitutional amendment that would permit the attorney general to prosecute election crimes. The legislature has already introduced several bills. The session’s agenda is subject to modification by the governor at any time. Several bills on other election topics have been prefiled.

DOJ pressures states for voter data as local officials express concern over politicized investigations.

The U.S. Department of Justice has requested that at least nine states turn over detailed voter registration lists and election-related information as part of a new initiative to investigate alleged voter fraud. The request includes sensitive data, such as voter registration history, raising alarm among voting rights advocates and state officials. According to a new survey, nearly half (46%) of local election officials say they are at least somewhat concerned about politically motivated investigations.

Minnesota Supreme Court to review mail voter witness requirement.

The Minnesota Supreme Court agreed to hear a case concerning whether the state’s requirement that mail voters must have a witness sign their ballot return envelope violates the Voting Rights Act and Civil Rights Act. An appellate court ruled in March that the requirement does not conflict with federal law.

DNC accuses North Carolina State Board of Elections of illegal voter purge.

The Democratic National Committee sent a notice letter threatening a lawsuit against the North Carolina State Board of Elections. The letter argues that the board’s plan to contact 98,000 voters to update their voter registration information is tantamount to an illegal voter purge. The board claims that these voters’ records are missing required identification numbers. Under the plan, voters with missing information will be required to vote provisionally until such information is provided.