Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,556 bills this session across 49 states. Our analysis finds that 671 bills improve voter access or election administration and 404 bills restrict voter access or election administration.1 Louisiana’s legislature is convening for the first time this year today.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Delaware Senate advances pro-voter constitutional amendments.
The Delaware Senate approved S.B. 2 and S.B. 3 – constitutional amendments which would establish 10 days of in-person early voting and no-excuse mail voting. The state has adopted both of these policies via legislation; however, the state supreme court held that Delaware’s constitution does not currently allow no-excuse mail voting, and in-person early voting has been subject to legal challenges. For these amendments to take effect, the bills must also pass the House and be approved again by both chambers in the next legislative session.
Kansas expands eligibility and flexibility for poll worker service.
Gov. Laura Kelly signed H.B. 2016 into law, removing prior restrictions on who can serve as a poll worker. This law allows any U.S. citizen who lives in Kansas to serve anywhere in the state. It also permits active duty military members and their families to serve, regardless of their permanent residence or where they are registered to vote. Under prior law, poll workers could only serve in the precinct where they lived.
South Carolina DMV resolves voter registration issue for 17-year-olds.
The South Carolina DMV fixed an issue that prevented 17-year-old residents from pre-registering to vote even if they opted to do so while applying for a driver’s license. The issue, which was uncovered after the voter registration deadline last year, prevented nearly 2,000 eligible voters from casting ballots in the November 2024 election.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
U.S. House passes bill that would require documentary proof of citizenship for voter registration.
The House of Representatives passed H.R. 22 (the “SAVE” Act), which would require individuals to submit documentary proof of citizenship, such as a passport, when registering to vote. The bill now moves to the Senate, where it will likely face a filibuster.
New Hampshire Senate passes bill mandating mail voters provide citizenship documentation.
The New Hampshire Senate passed S.B. 213, which would require mail voters to provide a copy of a birth certificate, passport, or naturalization papers with their mail ballots. The bill also applies to voter registration by mail. Most voters must register to vote in person, which already requires documentary proof of citizenship.
ON OUR RADAR
North Carolina Supreme Court threatens to overturn 2024 election results by tossing out military ballots.
North Carolina Supreme Court ruled that the vast majority of ballots challenged by the candidate who lost by several hundred votes must be counted, but that thousands of military and overseas voters must submit additional documentation or have their ballots thrown out. Additionally, the court ruled that election officials must reject over 200 ballots from voters who purportedly never lived in the country but whose parent’s last U.S. residence was in North Carolina. A federal court has ordered the plan to proceed, but barred certification of results until federal courts weigh in further. The League of Women Voters of North Carolina filed an additional federal lawsuit today challenging the state court’s decision.
Florida House committee set to consider proof of citizenship requirement.
The Florida House State Affairs committee is expected to hold a hearing on Thursday on H.B. 1381, a bill requiring voter registration applicants to provide documentary proof of U.S. citizenship if their citizenship cannot be verified by officials. The bill would also mark state-issued IDs with residents’ citizenship status, and remove several forms of ID from the list of acceptable forms of ID for in-person voters.
Arizona counties agree to additional citizenship checks.
As part of a settlement between Arizona counties and the Strong Communities Foundation (a right-wing elections group), several counties agreed to request that the Department of Homeland Security check registered voters who have not provided documentary proof of citizenship against a federal immigration database.
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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. ↩︎