The Markup: Department of Justice sues five more states over voter rolls
We are tracking 1,401 bills prefiled or introduced this session across 44 states and Washington, D.C. Our analysis finds that 659 bills would improve voter access or election administration, while 301 would restrict them. This week’s Markup features policy updates in Arizona, Florida, Iowa, North Carolina, Utah, and Virginia. The midterm elections officially begin this week with primaries in Texas, North Carolina, and Arkansas.
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Improving Voter Access or Election Administration
Virginia legislature passes bill to rejoin ERIC.
The Virginia House passed S.B. 57, which would require Virginia to rejoin the Electronic Registration Information Center (ERIC). The state left ERIC in 2023. This nonpartisan interstate consortium, which allows states to share data to maintain accurate voter rolls, became the subject of baseless partisan attacks following the 2020 election. The bill now goes to Gov. Abigail Spanberger to sign.
Restricting Voter Access or Election Administration
Florida House passes bill mandating proof of citizenship to register to vote.
On a party-line vote, the Florida House passed H.B. 991. The bill would require voters to provide additional documents verifying their U.S. citizenship, such as a passport or birth certificate, for registration and limit the types of acceptable voter ID for in-person voting. It would also require the Division of Highway Safety and Motor Vehicles to add markers indicating U.S. citizenship on Florida driver’s licenses. The bill now moves to the Senate, which has until the end of the session (March 13) to act. The Senate is also considering a proof of citizenship bill.
Iowa Senate passes citizenship verification bill.
The Iowa Senate passed S.B. 2203. This bill would require election officials to attempt to verify the citizenship of all registered voters and applicants for registration using the Department of Homeland Security’s unreliable SAVE database. If election officials could not verify citizenship, the bill would require voters to provide proof of citizenship, such as a passport or birth certificate, to prevent their registration from being canceled. The bill now heads to the House for consideration.
Arizona legislature advances several bills that would make it harder to vote.
The Arizona Senate passed another ballot measure that would move up the mail ballot (“early ballot”) return deadline to the Friday before Election Day. The Senate also passed a bill targeting the children of overseas and military voters. House lawmakers voted along party lines to approve a ballot measure to eliminate countywide vote centers, require precinct-based polling locations, and end in-person early voting. These proposals now go to their respective opposite chamber for consideration. Ballot measures that pass both chambers will be on the November ballot for voters to decide, bypassing Gov. Katie Hobbs’s veto.
Improving Voter Access or Election Administration
DHS tells state officials ICE agents won’t interfere with the 2026 midterms, but concerns linger.
On a call with federal agencies and state election officials, Department of Homeland Security Assistant Secretary for Election Integrity Heather Honey – who has spread conspiracy theories around the 2020 election – told officials that Immigration and Customs Enforcement (ICE) agents won’t be at polling places in November. Still, some state officials remain skeptical given the administration’s latest escalations. Senior federal officials attended a summit hosted by activists who attempted to overturn the 2020 election. Rumors are also growing around another executive order on elections. A leaked draft, dated April 2025, declared an emergency based on alleged foreign interference in elections. The draft order calls for severely restricting mail voting and requiring proof of citizenship, such as a passport or birth certificate, to register.
DOJ files sues five more states over voter rolls.
The Department of Justice (DOJ) filed new lawsuits against Kentucky, New Jersey, Oklahoma, Utah, and West Virginia to compel them to turn over sensitive voter information. The DOJ is now suing 29 states and the District of Columbia for refusing to hand over personal voter data. Judges in California, Michigan, and Oregon have dismissed these lawsuits.
North Carolina board appoints new director of elections security and enforcement.
The North Carolina State Board of Elections appointed Ron Herring as its next director of elections security and enforcement. Herring has a background in law enforcement and national security. He has no previous election experience.
Utah’s nonpartisan congressional map upheld by federal court.
A federal court in Utah upheld the state’s judge-adopted congressional map. The court denied an injunction request by various Republican legislators. The state has been embroiled in a lengthy dispute over whether the legislature may draw a gerrymandered map. Voters passed a proposition in 2018 mandating the creation of an independent redistricting commission and banning partisan gerrymandering. The court ruling makes it likely that the existing map will remain in place for the 2026 election. An initiative to repeal the anti-gerrymandering law may be on the November ballot. For the latest on redistricting around the country, check out our resource on mid-decade redistricting.
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