Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,813 bills so far this session across 44 states and Washington, D.C., with 323 bills that restrict voter access or election administration and 897 bills that improve voter access or election administration.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Federal appeals court reinstates Kansas law restricting distribution of mail ballot applications.
The 10th Circuit Court of Appeals reversed a lower court ruling and reinstated a Kansas law. The 2023 law prohibits non-governmental organizations from sending voters mail ballot applications with publicly available information, such as their name, pre-filled.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Virginia House committee advances rights restoration constitutional amendment.
A Virginia House committee voted to adopt H.J.R. 2, a resolution that – if passed by both chambers in successive legislative sessions and then approved by voters – would amend the state’s constitution to automatically restore voting rights upon release from incarceration. Virginia remains one of only three states that never automatically restores voting rights to residents with past felony convictions.
ON OUR RADAR
Recount in Pennsylvania race for U.S. Senate leads to new litigation over undated and misdated mail ballots.
A decision by several counties to count otherwise valid mail ballots received in outer envelopes that were misdated or undated Several counties have proceeded to count otherwise-valid mail ballots despite their outer envelopes being mis- or undated. That move has sparked new lawsuits challenging the heavily-litigated practice ahead of recounts for the state’s U.S. Senate race. Prior to the election, the Supreme Court of Pennsylvania vacated a lower court ruling on this issue, leaving in place a prohibition on counting these ballots in 2024.
Wisconsin Supreme Court set to hear arguments over removal of the state’s top election official.
Today, Wisconsin’s highest court will hear a case about efforts by the Republican-controlled state Senate to remove Wisconsin Elections Commission Administrator Meagan Wolfe. Wolfe has been the target of baseless conspiracy theories regarding the 2020 election.
U.S. appeals court weighs whether to reconsider ruling on Mississippi mail ballot deadline.
Mississippi officials asked for a rehearing by the entire 5th Circuit U.S. Court of Appeals after a three-judge panel ruled against a state law allowing officials to count mail ballots received up to five days after the election, if postmarked by Election Day. Mississippi is one of 18 states that relies on postmarks to determine the timeliness of mail ballots.
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org