The Markup: Trump elections order loses again in court
We are tracking 1,187 bills prefiled or introduced this session across 39 states and D.C. Our analysis finds that 783 bills improve voter access or election administration, while 465 restrict it. This week’s Markup features policy updates in Arizona, California, Florida, Georgia, Maryland, Minnesota, New Hampshire, New York, South Carolina, and Utah.
This week, legislative sessions are kicking off in Connecticut, Nevada, Oklahoma, Oregon, and Wyoming.
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Improving Voter Access or Election Administration
Trump elections executive order loses again in court.
A federal district judge in Washington, D.C. issued an order enjoining officials from enforcing portions of President Donald Trump’s March 2025 executive order on elections. Judge Colleen Kollar-Kotelly issued a permanent injunction blocking provisions that would require federal agencies to assess an individual’s citizenship before offering assistance with voter registration and that would require U.S. citizens living overseas and serving in the military to provide proof of citizenship in order to vote. She determined that these provisions conflicted with federal statutes and generally exceeded the president’s constitutional authority. Last year, Kollar-Kotelly issued a permanent injunction blocking a provision that would have required all Americans to provide proof of citizenship when registering to vote using the federal form.
Restricting Voter Access or Election Administration
Utah House passes proof of citizenship bill.
The Utah House passed H.B. 209 last week. This bill would require residents to provide officials with documentary proof of citizenship, such as a passport or birth certificate, to register to vote. Those who have not provided such proof would be limited to voting only for federal offices. The bill will now be considered by the Senate. 15 states are considering bills that would impose proof of citizenship requirements for voter registration.
New Hampshire Senate passes bill eliminating student IDs as acceptable voter ID.
The New Hampshire Senate passed S.B. 223. This bill would remove university and high school IDs from the list of acceptable voter ID, leaving in place only state-issued drivers licenses and non-driver IDs, military IDs, and U.S. passports. The House passed a similar bill earlier in the year. The bills will now both move to the opposite chamber to align on language before the bills can go to the governor to sign or veto.
Arizona advances ballot measure to end all early in-person voting and ban vote centers.
The Arizona House Committee on Federalism, Military Affairs, and Elections passed H.C.R. 2016 on a party-line vote. If enacted, the measure would end early in-person voting. It would also mandate precinct-based polling locations on Election Day – something that many counties say would be infeasible. This resolution now heads to the House rules committee. If passed by both chambers of the legislature, this measure would go before voters in November. It would not be subject to Gov. Katie Hobbs’s veto.
On Our Radar
Florida Senate set to hear proof of citizenship bill.
On Wednesday, the Senate Ethics and Elections Committee will hear S.B. 1334, which would require all current and new Florida registered voters to either verify their citizenship through existing government data or provide documentary proof of citizenship to be eligible to vote in any state or federal election. The bill would also move Florida’s existing post-certification tabulation audit to the pre-certification period.
U.S. Supreme Court sets March 23 date for arguments over state mail ballot deadlines.
On Friday, the Supreme Court released the schedule for its March sitting, which will open with arguments in Watson v. R.N.C. on Monday, March 23. The Republican National Committee is seeking to invalidate laws in 14 states and D.C. that allow mail ballots received after Election Day to be counted so long as they were postmarked on time. Six states have eliminated these grace periods in recent years. These states were targeted in President Trump’s unconstitutional executive order on elections last year.
Fulton County, GA, elections office raided by the FBI.
The FBI executed a search warrant at an elections office in Fulton County, Georgia, which contains most of Atlanta. Agents collected election materials, including ballots cast, related to the 2020 election. The raid drew condemnation, and local officials have indicated they are exploring legal options. Many also scrutinized the unexplained presence of Director of National Intelligence Tulsi Gabbard.
Minnesota refuses to turn over voter rolls after DOJ links demand to ICE withdrawal.
The U.S. Department of Justice sent a letter to Minnesota Gov. Tim Walz, insisting he hand over the state’s voter registration records in return for Immigrations and Customs Enforcement leaving the state. Walz refused the demand. Minnesota is one of two dozen states currently being sued by the federal government for refusing to hand the Trump administration their registered voters’ personal information.
California Senate advances bill limiting federal officers’ access to voting equipment.
The California Senate passed S.B. 73, a bill prohibiting local election officials from allowing federal officials to inspect or access voting machines or devices unless authorized by a federal court order. The bill now moves to the Assembly for consideration.
Maryland legislature moves toward new redistricting plan; New York ruling ordering redrawing of map is appealed.
The Maryland House continued to advance a new congressional map, although Senate President Bill Ferguson continues to oppose the effort. Meanwhile, the New York State Board of Elections appealed a court decision that struck down one of the state’s congressional districts.
Federal appeals court hears arguments in challenge to South Carolina’s mail voting laws.
Plaintiffs are suing South Carolina over its law allowing all voters over 65 to vote by mail while denying this option to younger voters. In an argument before a panel of the 4th Circuit Court of Appeals, they asserted that this policy violates the 26th amendment by discriminating against voters on the basis of age. The law was upheld by a district court last year.
U.S. House members introduce two new proof of citizenship bills.
Last week, Rep. Bryan Steil (R-WI) introduced the Make Elections Great Again (MEGA) Act (H.R. 7300) which would require voters to provide documentary proof of citizenship to register to vote in federal elections and present limited forms of photo ID to vote in federal elections. The MEGA Act would also impose significant restrictions on mail voting in federal elections. Rep. Chip Roy (R-TX) introduced the SAVE America Act (H.R. 7296) which would expand the earlier SAVE Act that he sponsored by requiring both documentary proof of citizenship to register and photo ID to vote in federal elections.
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