Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,495 bills this session across 49 states. Our analysis finds that 640 bills improve voter access or election administration and 391 bills restrict voter access or election administration.1
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Colorado Senate advances state Voting Rights Act.
The Colorado Senate passed S.B. 1, which would establish a state-level Voting Rights Act to protect voters from race- and language-based discrimination. The legislation would establish new avenues for the attorney general, individual voters, and organizations representing voters to challenge elections policies in court. The bill now moves to the House for consideration.
Federal judge rules Pennsylvania mail ballot dating rule unconstitutional.
A federal district court judge ruled that Pennsylvania’s requirement that voters handwrite the date on the outer envelope containing their mail ballot or have their ballot rejected violates the First Amendment. Last year, the same judge in a separate case found the date requirement violated federal statutes governing elections, but that decision was reversed by an appeals court.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Texas Senate passes documentary proof of citizenship bill.
The Texas Senate passed S.B. 16, a bill which would require burdensome proof of citizenship, such as a passport, for voter registration. Unlike similar state bills under consideration that only impose requirements on new registrants, the Texas bill takes the additional step of requiring the cancellation of existing registrations if the voter’s citizenship has not been verified. The bill now moves to the Senate for consideration.
Arkansas Senate passes bill imposing burdens on voters with disabilities.
The Arkansas Senate passed S.B. 479, which would require individuals assisting voters with disabilities to be at least 18 years old and present valid identification approved by the State Board of Election Commissioners. The bill now goes to the House for consideration.
North Carolina appeals court threatens to toss out tens of thousands of ballots.
A state appeals court issued an opinion in favor of state Supreme Court candidate Jefferson Griffin, who has sought to throw out over 65,000 ballots cast in last November’s election, which he narrowly lost but continues to contest. These voters include military and overseas voters, who had not been required to provide a copy of an ID with their ballots, and voters who do not have a drivers license or Social Security number on file. Under the order, these voters would have 15 days to provide identification to election officials in order to have their ballot counted. The case will be appealed to the state’s Supreme Court and is also under consideration in federal court.
Wisconsin voters approve proposal to enshrine photo ID requirement in state constitution.
Last week, Wisconsin voters voted to adopt S.J.R. 2, which writes the state’s existing photo ID requirement into the state constitution. This amendment will make it harder for future legislatures or the courts to change or eliminate the requirement. Wisconsin is one of 19 states that requires ID for in-person voting.
ON OUR RADAR
Mississippi early voting bill dies on final day of legislative session.
S.B. 2654, originally introduced to create a 15-day early voting period for all voters, failed to pass before the legislature adjourned. The final version of the bill was narrowed to allow in-person voting before Election Day only for voters with qualifying excuses preventing them from voting on Election Day. Gov. Tate Reeves opposed the bill, which, in different forms, passed both chambers of the legislature with large bipartisan majorities. Mississippi remains one of three states without in-person early voting.
Restrictive elections bills fail as Georgia legislative session ends.
Several restrictive reforms died last week at the end of Georgia’s legislative session. These harmful proposals would have prohibited voters from dropping off completed mail ballots in person the weekend before Election Day; forced the state to leave the nonpartisan Electronic Registration Information Center (ERIC); and allowed jurisdictions to cancel Saturday early voting for local elections. This is the first year since the 2020 election that Georgia has not changed state election laws.
Alaska Senate committee to hear pro-voter elections omnibus.
On Wednesday, a Senate committee will hold a hearing on S.B. 64. This bill would eliminate the burdensome requirement that voters have a notary or witness sign their mail ballot return envelopes; establish a cure process for voters to correct errors on their mail ballot envelopes; and allow voters to sign up to receive mail ballots for all future elections.
Montana Senate committee to hear bill imposing new requirements for mail voters.
Today, a Senate committee is considering H.B. 719. This bill would require voters to write their date of birth on their mail ballot applications and ballot return envelopes, and require election officials to verify that these match the date on the voter’s registration record.
- 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. ↩︎