The Markup: Virginia lawsuit seeks to end voting rights for overseas citizens
Welcome to the Markup, Voting Rights Lab’s weekly digest of election law and policy updates.
We are tracking 1,579 bills prefiled or introduced this session across 44 states and DC. Our analysis finds that 726 bills would improve voter access or election administration, while 325 would restrict them. This week’s Markup features policy updates from Maryland, Kansas, North Carolina, Tennessee, Virginia, and Wisconsin.
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Improving Voter Access or Election Administration
Virginia governor signs election bills to ensure certification of election results and extend voting ballot deadlines.
Gov. Abigail Spanberger signed several pro-voter bills into law, including legislation (H.B. 78) that defines election certification as a mandatory ministerial duty and authorizes the State Board of Elections to intervene if local boards of elections refuse to certify results. This legislation also establishes civil penalties for officials who fail to comply. Spanberger also signed bills (H.B. 1014/S.B. 34), which establish safeguards to protect the voting rights of citizens found by a court to be mentally incompetent. Finally, she signed S.B. 58/H.B. 82, which extends the deadlines for officials to receive mail ballots postmarked by Election Day. The legislation also extends deadlines for voters to provide ID to cure mail ballots or provisional ballots from noon to 5 p.m. on the third day after an election.
Wisconsin governor signs bill that aligns state election deadlines with federal law; vetoes citizenship audit bill.
Wisconsin Governor Tony Evers signed A.B. 374, which will alter the state’s certification and canvassing deadlines to conform with the federal Electoral Count Reform Act. Evers also vetoed A.B. 595, which would have required a citizenship audit of the state’s voter registration list. It would have required voters flagged as potential noncitizens to provide additional documentation (such as a passport or birth certificate) to remain on the rolls.
Maryland lawmakers pass bills on voter restoration, police officer conduct at polling places, and polling place access.
The Maryland legislature passed several bills now headed to Gov. Wes Moore, including: H.B. 115 / S.B. 241 (requires automatic re-activation of voter registration status for individuals released from state correctional facilities); S.B. 670 (requires police officers on duty at polling places obey orders of board of election employees and election judges); S.B. 100 (requires certain buses to allow passenger boarding and drop-offs at the entrance of early voting centers within half a mile of the route); and S.B. 91 (requires the State Board of Elections to designate a contact person for the state’s address confidentiality program).
Massachusetts judge dismisses DOJ lawsuit seeking voter data.
A federal court rejected a lawsuit brought by the U.S. Department of Justice seeking to compel Massachusetts to turn over an unredacted voter registration list to federal officials. The court found the request lacked sufficient legal basis, allowing the state to continue limiting disclosure of sensitive voter information. Similar lawsuits have been dismissed in California, Michigan, and Oregon.
Restricting Voter Access or Election Administration
White House budget proposal seeks to eliminate election security program.
The Trump administration’s proposed 2027 budget for the Cybersecurity and Infrastructure Security Agency (CISA) would eliminate the agency’s entire election security program, cutting all federal grants to state and local officials. This budget proposal follows a year in which CISA staff were pushed out or reassigned. Previous agency officials spoke out in defense of the integrity of the 2020 election amid unfounded conspiracy theories.
Tennessee legislature sends bill to governor authorizing use of flawed federal database for citizenship checks.
Lawmakers passed H.B. 2185, which would allow the state to access the federal Department of Homeland Security’s SAVE system to verify voter eligibility based on U.S. citizenship at the time of registration. This database has been found to be unreliable, flagging citizens for potential removal in multiple states. The bill is now with Gov. Bill Lee to sign or veto.
Kansas legislature overrides governor’s vetoes of bills implementing SAVE citizenship checks and threatening mail and early voting.
The Kansas legislature overrode the governor’s veto of two restrictive election bills: H.B. 2437 (the “Save Kansas Act) requires the secretary of state to check state voter rolls twice a year using the unreliable federal SAVE database. H.B. 2569 establishes a trigger that would eliminate no-excuse mail and early voting (“advance voting”) if a court blocks the state’s mail-ballot signature verification requirements. Mail voting and in-person early voting would be available only to those meeting specific, narrow criteria.
On Our Radar
Virginia lawsuit seeks to end voting rights for overseas citizens.
The Republican National Committee (RNC) filed a lawsuit targeting the voting rights of citizens who were born and live abroad. Virginia statute permits Americans born and living overseas to vote in Virginia if a parent’s last U.S. address was in the state — even if they themselves have never lived in Virginia. The complaint argues this policy violates the state’s constitution. The RNC seeks to cancel existing registrations, stop election officials from issuing ballots to this group, and prevent their ballots from being counted.
North Carolina settlement would require use of jury responses for voter list maintenance.
A proposed settlement between the Republican National Committee and the North Carolina State Board of Elections would require election officials to use jury questionnaire responses to identify and remove potential noncitizens from the rolls. The litigation settlement is pending judicial approval.
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