Election Policy is on the Ballot in 2025

While all eyes may be on the 2026 midterms, several elections are rapidly approaching that could shape future election policy. In this analysis, we examine three high-stakes elections this fall: the gubernatorial election in Virginia, a ballot measure related to elections in Maine, and a consequential Supreme Court election in Pennsylvania.

Virginia: Next Governor May Decide Future of Mail Voting, Rights Restoration, Certification, and More

The next governor of Virginia will inherit significant changes to the state’s election system.  The state withdrew from the Electronic Registration Information Center (ERIC) in 2023, a trusted, bipartisan voter registration data-sharing agreement. Virginia’s departure is notable because the state was a founding member of the compact in 2012. Under a new directive, Virginia also expanded its use of the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database to search for and remove noncitizens on the state’s voter list.

Outgoing Gov. Glenn Youngkin vetoed 17 election-related bills, which the new governor may have an opportunity to weigh in on, such as:

• Extended early voting hours (H.B. 2056): Granting local governing bodies discretion to add additional early voting hours beyond the required 8 a.m. to 5 p.m. Access to in-person early voting helps officials get ballots counted fast without the labor required by processing mail ballots or the risk to voters that their ballots will be rejected or questioned.
• Improved voter list maintenance to improve confidence in accurate voter rolls, including:
  • H.B. 2002: Prohibiting the general registrar from cancelling voter registrations for active duty or temporarily overseas voters and requiring officials to notify voters before cancellation, among other changes. 
  • S.B. 606: Directing the commissioner of elections to pursue membership in ERIC. 
  • S.B. 813: Protecting voters from improper removal by requiring list maintenance efforts to be completed at least 90 days before an election.
• Mandatory election certification (H.B. 2277): Ensuring certifiers cannot refuse to certify legitimate election results. 
• Extended mail ballot deadlines (S.B. 760): Giving officials more time to accept mail ballots submitted by Election Day and giving voters more time to fix errors on ballot envelopes.
• Expanded forms of voter ID (H.B. 26): Allowing voters to use IDs issued by a private entity that is licensed or certified by certain state agencies at the polls.

In addition, Virginia is one of only a few states that permanently strips voting rights from people with felony convictions — unless the governor chooses to restore them. Most recently, Virginians have had to apply individually for restoration, and each case is reviewed personally by the governor. The previous governor took executive action to automatically restore voting rights to all Virginians who had completed their sentences. As a result of this policy change, the number of Virginians who have had their voting rights restored has dropped every year since 2022.

Notably, the Virginia legislature has advanced a proposed constitutional amendment that addresses this issue. The proposal would automatically restore voting rights to citizens disenfranchised due to past felony convictions upon their release from incarceration. Lawmakers must approve the amendment again during the next legislative session before putting it before the voters to decide.

Maine: Voters Will Decide on Sweeping Restrictions

Maine presents the most direct test of voter sentiment on election policy this year. In November, voters will decide whether to pass Question 1. If passed, this ballot measure would significantly alter the way Maine administers elections in the following ways:

• Require photo ID for all voting, both in-person and by mail. A majority of states require or request an ID for in-person voting. However, few impose these burdens, such as requiring an ID document or number, to apply for a mail ballot. Instead, most states rely on the existing system of checks that verify voters’ identities and eligibility. Maine already confirms voter identity by comparing voters’ signatures on ballot return envelopes to prior signatures. The proposed photo ID requirement would also exclude student IDs and tribal identification cards. Limiting acceptance of these IDs could create additional voting barriers for these groups. 
• Eliminate two days of early voting, ending early voting an entire week before Election Day. This change would make Maine’s early voting end date one of the earliest in the country. This shorter early voting period would give voters less flexibility to vote on their own schedules.
• Prohibit mail ballot requests over the phone or via family members, making it more difficult for older voters, rural voters, and voters with disabilities to obtain ballots.
• Eliminate the permanent mail voting list, requiring all voters to request ballots for each election. Maine is currently among 19 states and D.C. in allowing at least some voters to opt to receive a mail ballot for future elections without submitting additional applications. Forcing voters to apply for a mail ballot in every election creates additional burdens for both election administrators and voters. 
• Prohibit prepaid postage on mail ballot return envelopes, imposing an additional cost on voters. Maine is currently among 39 states and D.C. that require or allow jurisdictions to provide prepaid postage on mail ballot return envelopes. A 2017 pilot program in King County, Washington, found that turnout increased when voters did not need to pay for and affix a stamp on their ballot return envelopes.
• Restrict drop boxes to registrar office locations only, preventing local officials from establishing drop boxes in places that make the most sense for their community.

These new restrictions would take effect just before voters elect a new governor, U.S. senator, and full state legislature. Recent data indicate that more than 40% of Maine voters cast their ballots by mail in the 2024 election. The majority of Maine voters aged 65 and older (61%) voted by mail.

Pennsylvania: Court Control Will Shape Election Rules

In recent years, the Pennsylvania Supreme Court has been the final arbiter on major voting litigation. This year, the state will hold retention elections for three state supreme justices. During retention elections, judges who have served for 10 years are put before voters on a simple “yes” or “no” vote to determine whether they should remain in office. No political parties are listed alongside the judges up for retention. The state Supreme Court has ruled in key election-related decisions, such as: 

• Upholding no-excuse mail voting in 2022, preserving a secure system used by nearly two million Pennsylvania voters in 2024.
• Preventing mail ballot rejection based on signature mismatch in 2020. Subjective signature matching can erroneously disqualify legitimate ballots. 
• Extending mail ballot deadlines in 2020 to three days after Election Day. This helps account for postal delays that are beyond voters’ control. 

For ongoing analysis of state election policy updates and trends, check out our Election Policy Tracker.