Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,805 bills so far this session across 44 states and D.C., with 320 bills that restrict voter access or election administration and 896 bills that improve voter access or election administration.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Judges in Georgia and Florida rejected requests to extend the states’ voter registration deadlines due to hurricanes Helene and Milton.
In Georgia, advocates had asked a federal judge to extend the registration deadline by a week. In Florida, plaintiffs had requested a federal judge to extend the October 7 deadline by at least 10 days.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
A Georgia court judge ruled that state law requires county election officials to certify election results.
Despite new rules issued by the State Election Board allowing officials to conduct inquiries into election results prior to certification, the judge found that officials still must certify results on time.
North Carolina Gov. Roy Cooper signed a Hurricane Helene relief bill into law.
The bill contains several temporary provisions to improve access for displaced voters, including permitting voters to return mail ballots in person to officials in other counties and allowing the relocation of polling places, as necessary.
New Hampshire’s secretary of state announced that provisional (“affidavit”) ballots will remain in use for next month’s election.
Gov. Chris Sununu signed H.B. 1569, which will eliminate the option for voters without photo ID at the polls to cast provisional ballots in future elections. The effective date of the bill falls after Election Day, but during the seven-day period under existing law in which voters can submit documentation to ensure their provisional ballots are counted.
A federal court in Texas found that some provisions of S.B. 1 violate the federal Voting Rights Act.
The ruling blocks provisions of the 2021 law that placed restrictions on individuals assisting voters, including requiring them to make various attestations under penalty of perjury and prohibiting them from receiving compensation for assisting voters.
ON OUR RADAR
Nevada’s Supreme Court is considering whether election officials may count mail ballots received without postmarks in the days following Election Day.
After hearing arguments last week, the Nevada Supreme Court is expected to rule on whether election officials can accept and count otherwise valid mail ballots that are received during the grace period for ballots postmarked by Election Day if an envelope is missing a postmark altogether.
The Pennsylvania Supreme Court will review a lower court decision in a Washington County mail ballot case.
The Pennsylvania Supreme Court agreed to review a decision by a lower court judge that requires officials in Washington County to notify voters when there are issues with their mail ballots and allow them to cast a provisional ballot in person.
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org