Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 799 bills prefiled or introduced this session across 44 states. Our analysis finds that 197 bills restrict voter access or election administration while 343 bills improve voter access or election administration. The West Virginia legislative session kicks off this week.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Virginia legislature advances pro-voter bills.
The Virginia House passed H.B. 1657 (prohibits systematic removal of voters from the rolls within 90 days of an election); H.B. 2002 (prohibits voter registration cancellations based on unverified external data); H.B. 2276 (requires data-sharing with bordering states and increased safeguards and notice before removal from voter registration list); H.B. 2746 (requires that court to make a clear finding before removing voting rights due to mental incompetence); H.B. 2056 (allows local governments more discretion to extend early voting hours; and H.B. 2277 (clarifies that election boards are mandated to certify election results). These bills now head to the Senate for consideration.
Mississippi House advances bills limiting polling place changes; codifying mail ballot cure process; and making election commissioners nonpartisan.
H.B. 1419 would prevent changes to polling places within 60 days of an election (except for exigent circumstances) to prevent last-minute disruptions. H.B. 163 would codify the mail ballot cure process for correcting a perceived signature mismatch between ballot return envelopes and applications. H.B. 288 would make the office of election commissioner a nonpartisan position. These bills now move to the Senate.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Indiana Senate passes bill banning student IDs as voter ID; advances bill to shorten in-person mail voting period.
The Indiana Senate passed S.B. 10, which would remove student IDs as accepted voter ID and make changes to regular voter list maintenance processes. A Senate committee also advanced S.B. 284, which would shorten the in-person early voting period from 28 days to 14 days. Both bills now move to the House and the full Senate, respectively.
Kansas Senate passes bill moving up deadline for receipt of mail ballots.
The Kansas Senate passed S.B. 4, which would require mail ballots to be received by 7 p.m. on Election Day (rather than allowing ballots to be received until the third day after Election Day so long as the envelope was postmarked on or before Election Day). Kansas is currently among 18 states and D.C. that use postmarks to determine the timeliness of mail ballots. The bill now advances to the House for consideration.
Utah advances bills requiring return of mail ballots in person and withdrawing from ERIC.
H.B. 300 would require voters to return their mail ballots in person and show photo ID unless granted permission to mail them. H.B. 332 would withdraw the state from the Electronic Registration Information Center (ERIC), an interstate list maintenance system that helps states maintain accurate voter rolls. Both bills now move to the full chamber.
ON OUR RADAR
Wisconsin Supreme Court rules that top election official can remain in office.
The state Supreme Court ruled unanimously that Wisconsin Elections Commission Administrator Meagan Wolfe can stay in her position indefinitely after Republican lawmakers made several attempts to remove her from office. The court held that only the Wisconsin Elections Commission can appoint a new administrator and that they cannot be compelled to do so. Wolfe has been the target of baseless conspiracy theories regarding the 2020 election.
North Carolina court denies GOP ballot challenge.
A North Carolina Superior Court judge ruled against the Republican Supreme Court candidate’s request to toss out 65,000 ballots from the November 2024 election The case is expected to be appealed to the state’s supreme court.
Coming up this week:
An Alaska House committee will consider two bills: H.B. 43 (removes the witness or notary requirement for mailed ballots; expands early voting and same-day registration; and establishes a ballot cure process, among other changes) and H.B. 63 (eliminates automatic voter registration; shortens the early voting period; and moves up the mail ballot deadline). A New Hampshire Senate committee will also consider two bills: S.B. 219 (directing the secretary of state to join ERIC) and S.B. 223 (removing student IDs as valid voter ID).
This update is powered by VRL’s State Voting Rights Tracker. To receive in-depth analysis each month, subscribe to The Lever.