Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,223 bills this session across 49 states. Our analysis finds that 523 bills improve voter access or election administration and 319 bills restrict voter access or election administration.1
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
New Jersey expands early voting for primary elections.
Gov. Phil Murphy signed S.B. 3990 into law, extending the early voting period for primary elections. The new law moves the first day of early voting to the seventh day before an election, up from the fourth day for non-presidential primaries under previous law. This year’s gubernatorial primary is set for June 10.
Arizona advances bills that would significantly alter election procedures.
The Arizona House and Senate passed several bills last week. The House passed H.B. 2631 (shifts approval of Elections Procedures Manual from the governor to the legislature); H.B. 2005 (allows county recorders to place a voter’s registration in “paused status” if there’s reason to believe their information does not match existing records or open-source public data); and H.B. 2440 (prohibits the attorney general from bringing charges against county officials who refuse to certify election results). The Senate passed S.B. 1455 (prohibits government officials – and employees whose duties include election administration – from participating in those duties if they are candidates on the ballot) and S.B. 1063 (allows jury commissioners to provide qualified jurors the option to serve as temporary election workers in lieu of jury duty).
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Utah bill to end universal mail voting heads to governor; Senate committee advances documentary proof of citizenship mandate.
Gov. Spencer Cox is expected to sign into law H.B. 300, which would end the state’s practice of mailing ballots to all voters. Utah is one of eight states to automatically send mail ballots to all voters during general elections. A Senate Committee amended H.B. 332 to require voters to provide documentary proof of citizenship to vote in state elections. The amended bill now moves to the full Senate for consideration.
West Virginia Senate advances bill to accelerate voter purge process and move up mail ballot return deadline.
The Senate passed S.B. 487, a bill that would shorten the period of nonvoting that triggers an address confirmation process and potential voter registration cancellation from four years to two years. The West Virginia House passed H.B. 2117, which would shorten the ballot return period by requiring ballots be received by 7:30 p.m. on Election Day. Current law allows ballots to be counted if the return envelopes are postmarked on or before Election Day. The bill would also prohibit the distribution of mail ballot applications unless requested by a voter. These bills now move to the opposite chambers for consideration.
ON OUR RADAR
Alaska: House and Senate committees will consider a bill that would eliminate the notary requirement for mail ballots and establish a process for voters to correct errors on their mail ballot envelopes, including potentially amending the bill. Additionally, they will discuss bills to establish pre-registration at age 16 and eliminate automatic voter registration.
Arkansas: Today, a House committee is considering several bills that would allow voters to vote by mail, establish same-day registration, and allow pre-registration at age 16.
Missouri: On Wednesday, a House committee will consider H.B. 617, which would accelerate the restoration of voting rights for citizens with past felony convictions, allowing those on probation or parole to vote.
New Hampshire: On Tuesday, the House Election Law Committee will consider H.B. 323, which would remove student IDs and out-of-state driver’s licenses as acceptable voter ID options.
Washington: On Thursday, the Washington Supreme Court ruled that the state’s ballot signature verification system is constitutional despite ongoing concerns that it has disenfranchised thousands of voters. Election workers are required to compare signatures on mail ballots to those on file and allow voters to fix any discrepancies. An audit of rejected ballots found that the ballots of younger voters and voters of color are disproportionately rejected for signature issues.
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- Our State Voting Rights Tracker is people-powered – our team of election lawyers read and analyze election-related bills across all 50 states and Washington, D.C. We strive to provide immediate analysis of all pending and current legislation; however, during periods of high volume – i.e. when legislatures are first convening for the year and introducing hundreds of new bills each day – we prioritize those that are advancing through legislatures over newly introduced legislation. For questions about our methodology or analysis, email tracker@votingrightslab.org ↩︎