The Markup: Federal judge upholds Georgia ban on organizations sending mail ballot applications to voters.

We are tracking 1,731 bills prefiled or introduced this session across 50 states. Our analysis finds that 752 bills improve voter access or election administration, and 451 bills restrict voter access or election administration.

Improving Voter Access or Election Administration 

Massachusetts legislature set to hold hearing on same-day registration. Tomorrow, the Massachusetts legislature’s Joint Committee on Election Laws will conduct a hearing on H.B. 834 and S.B. 505, among other bills. These bills would allow same-day voter registration until the close of polls on Election Day. Twenty-eight states and D.C. offer some form of same-day registration during early voting, on Election Day, or both.

Restricting Voter Access or Election Administration

Campaigns for and against restrictive ballot measure shift into high gear in Maine. In November, Mainers will vote on Question 1, which would: 1) impose a strict photo ID requirement for in-person voting; 2) require mail voters to provide a driver’s license number or photocopy of a photo ID; 3) move the end of early voting earlier to the seventh day before Election Day; 4) end the ability of all voters to sign up to receive mail ballots on an ongoing basis; and 5) prohibit drop boxes anywhere other than outside the registrar’s office, among other changes. Nearly half of all Maine voters cast ballots by mail in 2024.

Federal rule blocks nonpartisan groups from registering new citizens at naturalization ceremonies. A new U.S. Citizenship and Immigration Services (USCIS) policy prohibits community organizations from helping newly naturalized citizens register to vote immediately after their ceremonies. Going forward, only state and local election officials will be allowed to do so. Groups like the League of Women Voters have called on USCIS to reverse the rule, highlighting that they have facilitated hundreds of thousands of registrations for decades. 

Federal judge upholds Georgia ban on organizations sending mail ballot applications to voters. A U.S. district court upheld a law prohibiting third-party individuals and organizations from sending pre-filled mail ballot applications to voters, or sending blank forms to those who have already requested such ballots. The decision leaves in place one of several provisions of the state’s 2021 election law that tightened rules around mail voting.

Some Arizona counties defy attorney general opinion on voter citizenship records. Thousands of voters subject to a state error over proof of citizenship may be limited to federal-only ballots, or have registration updates suspended unless they provide additional documentation. This comes despite the attorney general’s official opinion that counties should not restrict their eligibility. Several counties have signaled their plans to ignore the attorney general’s opinion.

On Our Radar

North Carolina reaches agreement with federal government on voter rolls. The North Carolina State Board of Elections agreed to settle a lawsuit with the federal government. The lawsuit alleged that North Carolina failed to comply with federal law because some voter records did not include a driver’s license number or a partial Social Security number. Under the agreed-upon terms, voters will remain registered but must vote provisionally until their records are complete. The board will also send regular letters to voters whose records are incomplete.

North Carolina court upholds state’s constitutional amendment on voter ID. A North Carolina court held that the state can continue to enforce its voter ID law, ruling that the plaintiffs failed to demonstrate that the legislature acted with discriminatory intent in proposing the requirement, which was enshrined in the state constitution by voters. The case, which has already returned to the lower court from the North Carolina Supreme Court, is subject to further appeal. Meanwhile, a federal court affirmed the discriminatory nature of a state law, which criminalizes voting while disenfranchised for a felony conviction, even if the voter mistakenly believes they are eligible to vote.

Pennsylvania Supreme Court hears arguments on mail ballot dating rule. The state’s highest court is weighing whether it violates the state constitution to reject timely mail ballots for missing or incorrect dates on return envelopes. The treatment of these ballots has been in dispute for years and follows a recent federal appeals court ruling that officials must count such votes.

ERIC helps uncover an alleged case of double voting. State officials recently used the Electronic Registration Information Center (ERIC) to identify an individual alleged to have voted in both Florida and Pennsylvania in the same election. Despite Florida’s withdrawal from ERIC in 2023, officials were able to gather evidence because the state was still a member in 2020. States that have left the interstate voter data sharing agreement have struggled to replicate its benefits. Twenty-four states and D.C. are currently ERIC members, but the deal has faced unfounded criticism and departures in recent years.