Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 659 bills prefiled or introduced this session across 40 states. Our analysis finds that 162 bills restrict voter access or election administration while 287 bills improve voter access or election administration. Legislative sessions are kicking off in Alabama, Nevada, and Oklahoma this week.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Mississippi advances early voting bill and is set to consider constitutional amendment on disenfranchisement for felony convictions.
The Mississippi Senate Committee on Elections passed S.B. 2654, a bill that would establish a two-week, in-person early voting period. Mississippi is one of only three states without in-person early voting. Today, the House Constitution Committee is set to consider H.C.R. 3, a proposed constitutional amendment that would end the loss of voting rights due to certain property, fraud, and other convictions. It would also add additional sex and human trafficking offenses to the list of disenfranchising convictions. This comes after the U.S. Supreme Court declined to take up a challenge to the state’s permanent felony disenfranchisement law. Mississippi remains one of the few states without automatic voting rights restoration.
Virginia Senate passes several bills to extend voter deadlines and limit voter roll purges.
The Virginia Senate passed several bills last week, including: S.B. 760 (extends deadlines for returning mail ballots, curing ballot issues, and providing ID for provisional ballots); S.B. 991 (extends the voter registration period); and S.B. 813 (prohibits systematic list maintenance purges within 90 days of an election). These bills now head to the House for consideration.
New York appellate court reinstates state voting rights act.
A New York appellate court unanimously reinstated the state’s voting rights act, overturning a lower court decision that found the law unconstitutional. Enacted in 2022, the John R. Lewis Voting Rights Act aims to prevent discriminatory election laws, rules, and practices by local officials.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Arizona advances several restrictive voting bills.
The Arizona House advanced H.B. 2017 (eliminating in-person early voting) and H.B. 2673 and H.C.R. 2013 (tightens the early ballot return deadline, making it easier to remove voters from the Active Early Voting List, and eliminates signature verification for some early ballots). H.B. 2017 will now be considered by the full House, while H.B. 2673 and HCR 2013 head to the House Rules Committee for consideration. The Senate advanced S.B. 1011, which would limit in-person return of mail ballots, among other changes. The bill will next be considered by the full Senate.
Alaska court rules voters lack constitutional right to correct errors on mail ballots envelopes.
A state court ruled that voters have no constitutional right to cure errors on mail ballots. This decision follows a lawsuit over nearly 7,500 rejected mail ballots from the 2022 election. Alaska is one of 18 states without a statewide process for curing errors on mail ballots.
Wyoming House advances bills restricting drop boxes, voter ID, and distribution of mail ballot applications.
These bills include H.B. 131 (bans the use of drop boxes for mail ballots) and H.B. 160 (removes student ID cards as valid voter ID). The Senate passed S.B. 78, which would prohibit anyone besides an election official from distributing mail ballot applications.
Indiana Senate advances bill banning student IDs as valid voter identification.
S.B. 10 would prohibit voters from using student IDs to vote and make changes to regular voter list maintenance processes. The bill now moves to a second Senate committee for consideration.
ON OUR RADAR
Michigan and Missouri lawmakers consider proof-of-citizenship requirements.
Republican lawmakers in Michigan have proposed a joint resolution to amend the state constitution that would require voters to present documentary proof of citizenship, such as a birth certificate or passport, and toughen the state’s voter ID law, among other changes. While the resolution is unlikely to pass with the required two-thirds majority of both chambers, supporters are planning a petition drive to place the measure on the ballot in a future election. Additionally, a Missouri Senate committee will hear S.B. 62 today – the bill would also require voter registration applicants to provide documentary proof of U.S. citizenship. Over 60% of U.S. citizens living in these states do not have a passport and over three million Michigan and Missouri women do not have birth certificates that match their current legal names.
This update is powered by VRL’s State Voting Rights Tracker. To receive in-depth analysis each month, subscribe to The Lever.