Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,616 bills this session across 50 states. Our analysis finds that 706 bills improve voter access or election administration and 416 bills restrict voter access or election administration.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
New Hampshire bill to prevent unnecessary mail ballot processing delays goes to governor.
H.B. 294 would repeal a provision that allows a group of 10 or more voters to force a municipality to delay mail ballot processing until after polls close.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Texas Senate moves to expand state control over elections.
The Texas Senate approved S.B. 1541, which would permit state oversight of elections in any county in Texas subject to an audit. This expands upon legislation enacted in 2023 permitting the secretary of state to provide administrative oversight of elections in Harris County (which includes Houston). The bill now heads to the House for further consideration.
Indiana removes student IDs as acceptable ID for in-person voting.
Last week, Gov. Mike Braun signed S.B. 10 into law, removing student IDs from the list of acceptable forms of ID for in-person voting. Ohio, Idaho, and Montana have enacted similar laws in recent years.
Arkansas enacts new restrictions on individuals assisting voters with disabilities as federal court reviews existing limits.
Gov. Sarah Huckabee Sanders signed S.B. 479 into law, imposing new requirements on individuals assisting voters with disabilities at the polls. The law requires assistants to be at least 18 years old, present approved identification, and have their name recorded as it appears on their ID. Meanwhile, a federal appeals court is reviewing a separate case challenging an Arkansas law that prohibits anyone except election officials from assisting more than six voters per election.
Guam moves to require proof of citizenship for voter registration in response to President Trump’s sweeping executive order.
The Guam Election Commission announced it will begin requiring proof of U.S. citizenship for voter registration. Officials pointed to an executive order issued by President Trump last month – which is being challenged in court and has not been implemented – as driving their decision.
Michigan Board of State Canvassers approves language for ballot initiative that would require documentary proof of citizenship.
The Michigan Board of State Canvassers approved language for a petition signature drive that would allow Michigan voters to decide whether documentary proof of citizenship should be required for voter registration. Petition organizers now have 180 days to gather the 450,000 valid signatures required to put the measure on the ballot. A similar legislative proposal seems unlikely to pass.
ON OUR RADAR
North Carolina Supreme Court race remains tied up in courts.
The North Carolina State Board of Elections filed a notice of remedial efforts in the ongoing controversy over Judge Jefferson Griffin’s attempts to have thousands of ballots cast last November thrown out in the state’s supreme court election. The board’s order would limit the number of ballots that remain in dispute to fewer than 2,000. Griffin has requested a writ of mandamus, arguing that the board’s proposed solution does not comply with state court rulings.
EAC seeks input on how to proceed following Trump executive order.
In response to President Trump’s executive order on elections, the Election Assistance Commission (EAC) sent a letter to state election officials asking for input on whether to amend the federal voter registration form to require documentary proof of citizenship. The EAC also requested that officials provide information on how this change would impact voter registration in their states. Meanwhile, the federal government has filed its first response to lawsuits challenging the sweeping executive order. A federal court ruling on a request to halt parts of the order from implementation is expected sometime this week.
Arizona governor vetoes proof of citizenship, voter registration bills.
Last week, Gov. Katie Hobbs vetoed two bills. H.B. 2060 would have expanded the state’s documentary proof of citizenship requirement to cover registration for federal elections, in violation of a 2013 decision by the U.S. Supreme Court. H.B. 2004 would have prohibited a county recorder from sending a new or updated voter registration card to an address outside the state with few exceptions; Hobbs said this bill would “place unnecessary burdens” on eligible voters.
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