The Markup: Missouri restores voting rights as courts split on Trump’s EO

Welcome to the Markup, Voting Rights Lab’s weekly digest of election law and policy updates. We’re tracking 1,684 bills this session across 44 states and D.C. This week, we take a look at Missouri restoring voting eligibility to citizens on probation or parole, the return of Kansas’s mail ballot grace period, and a software glitch affecting voter registrations in New Jersey. Plus, President Trump’s elections agenda continues to play out in the courts. Let’s dive in.


The Good News

Missouri enacts law restoring voting rights for some citizens with past felony convictions.

Gov. Mike Kehoe signed H.B. 1871 into law, restoring voting rights to an estimated 40,000 individuals on probation or parole, and providing for automatic restoration of voting rights for most individuals upon release from incarceration going forward. Individuals convicted of certain violent or sexual felony offenses will continue to be disenfranchised until they complete probation or parole.

Kansas court blocks law eliminating postmark grace period for mail ballots.

A state court blocked a 2025 law eliminating the state’s policy of allowing mail ballots received within three days of Election Day to be counted, so long as they are postmarked on or before Election Day. The state is appealing the ruling, and Secretary of State Scott Schwab warned voters not to count on having a grace period for the primary election in August. This ruling makes Kansas one of 15 states, along with Washington, D.C., to allow ballots with timely postmarks to be received after Election Day.

Massachusetts certifies ballot question that would establish same-day registration.

Secretary of the Commonwealth William Galvin certified Question 4, which would establish Election Day voter registration. The measure would allow eligible residents to register to vote or update their voter registration at their polling place on Election Day. Twenty-eight states and D.C. allow some form of same-day voter registration.


The Bad News

North Carolina elections board approves restrictive mail ballot rules.

The proposed rule allows county election officials to reject mail ballots based on envelope irregularities, such as using the wrong return envelope or failing to seal the ballot properly. Under the rule, voters whose ballot envelopes are flagged must submit a written attestation for their ballot to be counted. The Rules Review Commission must still approve the rules before they take effect.


On Our Radar

Federal appeals courts issue mixed rulings on Trump’s 2026 executive order on mail voting.

A three-judge panel for the First Circuit Court of Appeals rejected the Trump administration’s request to pause a Massachusetts district court injunction against the directive. The district court ruling blocked the U.S. Postal Service from implementing a proposal that would prohibit the Postal Service from delivering mail ballots to voters — unless election officials submitted their names and other information via an untested online portal. The ruling covers the 23 states that brought the lawsuit, and Washington, D.C.

Meanwhile, the D.C. Circuit Court of Appeals granted the administration’s request to pause an injunction issued by the district court. The three-judge D.C. Circuit panel found that the Postal Service is likely to win because the NAACP’s legal challenge is premature because the proposed rule has not been finalized. 

The underlying executive order calls for the Postal Service to issue a final rule by Wednesday, July 29; however, a System of Records Notice issued by the Postal Service stated that it would not move forward with publishing a final rule while “relevant injunctions” remain in place.

Federal district courts in Connecticut and Kentucky dismissed lawsuits brought by the U.S. Department of Justice (DOJ) seeking those states’ voter rolls. These lawsuits have now been rejected in 17 states.

Separately, a conservative legal group asked the U.S. Supreme Court to review a Ninth Circuit Court of Appeals ruling denying the group’s request for Hawaii’s statewide voter registration file. The DOJ also moved to intervene in a California lawsuit seeking to compel more aggressive voter roll maintenance.

New Jersey software glitch leads to 6,600 noncitizens on voter rolls.

Gov. Mikie Sherrill announced that a Motor Vehicle Commission software glitch resulted in roughly 6,600 noncitizens being improperly registered to vote between 2023 and 2024. An initial review found fewer than 400 affected individuals cast ballots, and state officials are working to remove improper registrations. Republican lawmakers launched an investigation and called for stricter voter registration rules.

Maricopa County Recorder Justin Heap and the Maricopa Board of Supervisors reached a final settlement during court-ordered mediation, ending a long-standing legal conflict. Moving forward, Heap’s office will oversee in-person early voting and receive up to $15 million for additional IT staff, and the board will manage Election Day voting and tabulation of all ballots. This settlement vacates the state Supreme Court’s earlier decision, which gave the recorder’s office some tabulation duties. 

Colorado advocates submit petitions for a measure requiring mail voters to provide an ID number.

Initiative #362 would require voters to provide the last four digits of their Social Security number or a number from a Colorado REAL ID with their mail ballots. Colorado already verifies mail ballots by comparing ballot-envelope signatures to signatures on record. The secretary of state must review the petition signatures by September 2 to determine whether the measure will be on the ballot in November.

U.S. House passes budget resolution incentivizing states to adopt Trump’s election agenda.

The budget resolution passed by the House calls for spending up to $10 billion that could be used to push states to adopt Trump-backed election policies, such as requiring a passport or birth certificate to register to vote or using the Department of Homeland Security’s unreliable citizenship-verification tool. The broad budget framework does not specify which policies would be pushed.

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