The Markup: Mail voting, automatic registration bills move forward in New Jersey
Welcome to the 200th edition of The Markup! We are tracking 705 bills prefiled or introduced this session across 30 states. Our analysis finds that 338 bills would improve voter access or election administration, while 171 would restrict it.
Read on for the latest policy updates in New York, New Jersey, Wisconsin, Ohio, and New Hampshire, in addition to developments in federal policy.
This week, legislative sessions are kicking off in California, Kentucky, Maine, Mississippi, Missouri, New Hampshire, New York, Ohio, Pennsylvania, and Vermont.
Also, ICYMI: Our overview of 2025 in election law.
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Improving Voter Access or Election Administration
New York enacts law to join ERIC.
Gov. Kathy Hochul signed legislation directing the State Board of Elections to join a multistate voter list maintenance organization, such as the Election Registration Information Center (ERIC), by July 31, 2026. Twenty-five states and D.C. are members of ERIC, which has seen a number of states depart in recent years in the face of partisan attacks.
New Jersey bills on automatic voter registration and mail voting move forward.
The New Jersey state Senate passed S.B. 1636, which would change when individuals opt out of the state’s automatic voter registration system. The bill has already passed the Assembly and now heads to the governor. The Senate also passed S.B. 4835, which would expand the state’s cure process for mail ballots. That bill now moves to the state Assembly for consideration.
Wisconsin governor vetoes bill that would encourage frivolous lawsuits.
Gov. Tony Evers vetoed a bill that would have allowed all complaints made to the Wisconsin Elections Commission (WEC) to be appealed to state courts. Under existing law, courts can take up an appeal from WEC only if the plaintiffs have suffered an injury as a result of the alleged election misconduct. The legislature passed S.B. 270 to remove that requirement, but the governor’s veto means this limitation on spurious, disruptive litigation will remain.
Restricting Voter Access or Election Administration
Ohio eliminates mail ballot postmark grace period.
Gov. Mike DeWine signed S.B. 293. This law requires mail ballots to be received by the close of polls on Election Day in order to count, eliminating a grace period under prior law where ballots postmarked prior to Election Day were accepted until the fourth day after. DeWine said he would have vetoed the bill, but wanted to provide steadiness given pending litigation on return deadlines nationwide. Lawmakers cited President Donald Trump’s March 2025 executive order as motivation for the bill. Ohio joined Kansas, North Dakota, and Utah in eliminating postmark grace periods in 2025.
New Hampshire judge dismisses challenge to mail voting law.
A state superior court rejected a challenge to S.B. 287. The law requires voters applying for a mail ballot to either (1) provide a copy of an acceptable photo ID, (2) present an acceptable ID in person to the appropriate clerk, or (3) provide a notarized signature on their application. A group of visually impaired voters challenged the law, claiming the requirement infringed on their right to vote.
DOJ appeals ruling against proof of citizenship requirements in Trump executive order.
The Department of Justice noted its appeal from the D.C. District Court’s October 31 ruling prohibiting enforcement of the provisions of President Trump’s March 25 executive order. The provisions would require voters to provide proof of citizenship when registering using the federal registration form. The federal Court of Appeals for the D.C. Circuit will consider the appeal on a timetable to be determined.
On Our Radar
DOJ escalates fight over voter lists; appoints 2020 election deniers to key roles.
The Department of Justice (DOJ) continued its efforts to gain access to state voter rolls—with sensitive private information unredacted—with several new complaints filed on December 18 in federal district courts in Illinois, Georgia, Wisconsin, and D.C. The DOJ additionally sent a memorandum of understanding to 11 states proposing a deal under which the federal government would take on a role in maintaining the states’ voter registration lists. Under the proposed offer, each state would provide the federal government with their voter list and agree to remove any voters identified as ineligible.
These efforts come as 2020 election deniers continue to find roles in the Trump administration. Gregg Phillips, who through his association with True the Vote has pushed debunked conspiracy theories concerning elections, landed a senior position at the Federal Emergency Management Agency (FEMA). Eric Neff, a former Los Angeles prosecutor who led a botched lawsuit against an election software developer, is now the acting chief of the Voting Section in the DOJ’s Civil Rights Division, according to recent court documents. They are joined at the DOJ by Christopher Gardner and Megan Frederick, prominent figures from attempts to overturn election results in Georgia and Wisconsin, respectively, in 2020.
Defense appropriations bill addresses election system cybersecurity.
On December 18, President Trump signed the bipartisan National Defense Authorization Act (NDAA). While the bulk of the law focuses on funding Department of Defense programs, it also includes a provision requiring election systems seeking certification by the Election Assistance Commission (EAC) to undergo penetration testing to allow researchers to search for vulnerabilities to outside attack.
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