The Markup: California enacts several pro-voter laws

We are tracking 1,737 prefiled or introduced this session across 50 states. Our analysis finds that 754 bills improve voter access or election administration, while 453 bills restrict voter access or election administration.

Improving Voter Access or Election Administration

California enacts several pro-voter laws.

Gov. Gavin Newsom signed into law several bills, many of which will expand voter access and improve election administration. These laws include S.B. 3 (allows voters to work with nongovernmental entities to cure a missing signature and more) and A.B. 930 (extends the mail ballot receipt deadline for elections that are conducted entirely by mail).

Newsom also signed A.B. 5 (requires election officials to finish counting ballots by the 13th day after an election), S.B. 398 (makes it a felony to pay someone to vote or register to vote), and A.B. 827 (moves up the deadline for curing a missing signature, among other changes).

On Our Radar

Supreme Court considers whether candidates can challenge election procedures; additional cases on Voting Rights Act and mail ballots loom.

In the first week of its new term, the U.S. Supreme Court heard oral arguments in Bost v. Illinois Board of Elections. The case concerns whether Rep. Michael Bost, in his capacity as a candidate for office, has legal standing to challenge Illinois election procedures. Tomorrow, the court will hear Louisiana v. Callais, a case considering the constitutionality of the Voting Rights Act’s mandate that states draw majority-minority districts where possible. The outcome of this case could transform congressional districts around the country, particularly in the South.

The court is also considering whether to hear two additional election law cases later this term. The attorneys general of 23 states have filed a brief asking the Supreme Court to overturn the Eighth Circuit Court of Appeals’ decision in Turtle Mountain v. Howe. At issue is whether an individual plaintiff can bring a lawsuit claiming violations of the Voting Rights Act. The Eighth Circuit held that only the federal Department of Justice can bring such claims against states.

In RNC v. Wetzel, 19 states and D.C. have asked the Court to overturn a Fifth Circuit decision striking down Mississippi’s grace period for mail ballots postmarked on time but received after Election Day.

Appeals court temporarily blocks Wisconsin court ruling that elections commission must verify the citizenship of all new and existing voters.

A Wisconsin state court ordered the Wisconsin Elections Commission (WEC) to verify the citizenship of all registered voters. The court also ordered WEC to stop accepting new registrations without first confirming U.S. citizenship, though the ruling did not explain how to verify citizenship. Wisconsin voters are already required to attest under penalty of perjury that they are U.S. citizens when registering to vote. WEC has appealed the order, and a hearing date is set for later this month. Until then, the court has temporarily blocked the provision of the order that prohibits the commission from accepting new registration forms.

Voting rights groups ask court to block Trump administration’s attempts to centralize personal voter data in DHS systems.

A coalition of voting rights groups has asked a federal court to block the Trump administration’s attempts to consolidate sensitive voter information at the Department of Homeland Security (DHS) and use the Systematic Alien Verification for Entitlements (SAVE) database to search for alleged noncitizens on voter rolls.

New York’s highest court will consider the constitutionality of the state’s Voting Rights Act.

The Court of Appeals will hold oral arguments today in a case challenging the city of Newburgh’s at-large system for electing town board members under the John R. Lewis Voting Rights Act of New York. Newburgh argues that the law violates the state and federal constitutions.