The Markup: Fulton County election board conflict escalates

We are tracking 1726 bills prefiled or introduced this session across 50 states. Our analysis finds that 750 bills improve voter access or election administration, and 449 bills restrict voter access or election administration.

Improving Voter Access or Election Administration 

Federal appeals court rules Pennsylvania cannot toss out ballots with date errors on envelopes.

The U.S. Court of Appeals for the Third Circuit held that Pennsylvania may not reject timely submitted mail ballots solely due to missing or incorrectly written dates on the outer envelope. This decision affirms a district court decision from earlier this year. It is the latest in a years-long legal battle in state and federal courts over the treatment of these ballots.

Arizona attorney general says counties cannot cancel legacy voter registrations without proof of non-citizenship.

Attorney General Kris Mayes issued an opinion stating that county recorders may request proof of citizenship, but cannot automatically cancel or downgrade voter registrations without evidence showing the individual is not a U.S. citizen. A state attorney general’s opinion is meant to advise officials. It does not have the force of law.

Restricting Voter Access or Election Administration

Trump threatens photo ID and mail voting executive order; appoints researcher who misrepresented election data to DHS role.

President Donald Trump announced on his Truth Social platform over this weekend his intent to issue another executive order on elections. The post reiterates Trump’s desire to severely limit access to mail voting, and the as-yet-to-be-issued order would demand all voters provide ID. This comes after reporting that the White House’s anti-mail-voting strategy was shifting toward pushing legislation over executive orders. Notably, the president has no constitutional authority to unilaterally set election rules or policies.

Additionally, the administration appointed Heather Honey as Deputy Assistant Secretary for Election Integrity at the Department of Homeland Security. Honey’s past work includes misrepresenting voter data to cast doubt on the 2020 election.

Federal appeals court affirms Virginia governor’s discretion over rights restoration.

The U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s system of felony disenfranchisement and rights restoration. Virginians disenfranchised due to felony convictions may only have their voting rights restored directly by the governor, at his discretion. Virginia is one of only four states where voting rights are never automatically restored following completion of a sentence for a disenfranchising felony conviction.

Texas legislature passes bill granting attorney general prosecutorial authority on election crimes; Senate advances bill on voter address updates; court upholds restrictive 2021 law.

The Texas legislature sent S.B. 12 to Gov. Greg Abbott. He will likely sign it into law. The bill would grant jurisdiction to prosecute election offenses to the state attorney general instead of local district and county attorneys. The Senate also sent S.B. 54 to the House. This bill would repeal a provision that allows a person who has moved within their county to vote in their new precinct on Election Day without having updated their voter registration.

Additionally, the Fifth Circuit Court of Appeals issued an opinion upholding provisions of 2021’s S.B. 1. These provisions require individuals assisting voters to provide extensive personal information. They also must swear an oath that they did not unduly influence voters they assisted. Lastly, the provisions prohibit any compensation for assisting voters.

North Carolina elections board adopts rule requiring some voters to cast provisional ballots.

The North Carolina State Board of Elections voted to adopt a rule under which voters whose registration records lack an associated ID number will be required to vote with provisional ballots and show proof of residence. These ballots would be counted if the voters provide their North Carolina driver’s license number or the last four digits of their Social Security number. These voters could then cast regular ballots in future elections. The board also rejected two counties’ early voting plans because the proposals included Sunday early voting. The state board steps in when a county board cannot agree unanimously on an early voting plan.

On Our Radar

Fulton County, Georgia election board conflict escalates.

A dispute has escalated in Georgia between the Fulton County Board of Commissioners and the county Republican Party. The disagreement — over appointments to the county board of elections — is now headed to an appeals court. Commissioners refused to seat two Republican-nominated members on the bipartisan board, citing concerns about their prior conduct. A judge ruled the board had no discretion to reject qualified party nominees and held the commissioners in contempt last week, imposing a $10,000 daily fine. That fine has since been paused while the commissioners appeal the ruling.

Challenge to Virginia’s last-minute voter purge allowed to move forward.

A federal judge denied Virginia’s request to dismiss a case challenging the timing of a voter purge last fall. Plaintiffs argue that the purge constituted systematic list maintenance activity which is prohibited within 90 days of a federal election under the National Voter Registration Act. Gov. Glenn Youngkin vetoed a bill earlier this year that would have clarified this 90-day deadline in state law. The case will proceed on the merits.