The Markup: Legal fights over mail voting, redistricting continue — plus wins for voters in CA and Ohio

Plus, a federal court once again stopped the U.S. Postal Service from enforcing new mail voting rules, and voters in Colorado, Maryland, and Missouri are set to weigh in on redistricting and voter ID measures this November. Read on for our full rundown.  

The Good News

California enacts law removing administrative hurdles for military and overseas voters; legislature sends governor several bills to improve mail voting and protect against election interference.

Gov. Gavin Newsom signed a bill (S.B. 1431) that requires election officials to send mail ballots and related materials to all active registered military and overseas voters. The legislature sent several other bills to the governor’s desk, including: S.B. 884 (opening ballot drop-off locations earlier and restricting law enforcement activity near polling places); A.B. 2604 (requiring a statewide electronic ballot signature curing system); and A.B. 282 (establishing felony offenses for the unauthorized seizure of election materials before election results are certified).

Federal judge blocks Ohio proof-of-citizenship requirement for voter registration at motor vehicle offices. 

A federal judge preliminarily enjoined a 2025 law limiting voter registration at the Bureau of Motor Vehicles to individuals who provided proof of citizenship to the agency. The ruling blocks the law ahead of the November election. The secretary of state announced plans to appeal.

The Bad News

North Carolina State Board adopts new directives that could lead to more mail ballots being rejected.

The North Carolina State Board of Elections voted along party lines to adopt new directives requiring county boards to reject mail ballots returned in the wrong envelope, not sealed in the required inner envelope, or with an inner envelope that was opened and resealed. Voters whose ballots are rejected under the new guidance will be issued a replacement ballot. The directives were adopted the same day North Carolina began mailing ballots to voters for the November election.

On Our Radar

Courts block U.S. Postal Service from interfering with mail ballots.

U.S. District Judge Indira Talwani issued a preliminary injunction blocking the U.S. Postal Service from enforcing key parts of a rule that would have put President Trump’s March executive order restricting mail voting into effect. This followed the U.S. Supreme Court lifting an earlier block on the rule for procedural reasons. Meanwhile, a whistleblower at the Postal Service warned that the rule is being implemented in a rushed manner and in violation of court orders. The rule would prohibit delivery of mail ballots to voters whose names were not submitted through an untested online portal. The Trump administration petitioned the Supreme Court to stay the district court ruling. Justice Ketanji Brown Jackson gave the plaintiffs until tomorrow (Sept. 9) to file their response.

Texas voters face confusion over growing suspense list. 

About 1.2 million of Texas’s over 18 million registered voters have been placed on the state’s suspense list because election officials have reason to believe they have moved. Despite the list’s name, voters on the suspense list have not had their registrations canceled and can still cast ballots in November. They will, however, need to confirm their addresses ahead of the October 5 voter registration deadline or at the polls on Election Day. Voters who move to a new county and update their registrations on Election Day will be allowed to vote only a limited ballot with statewide races. 

Colorado initiative requiring ID information from mail voters will be on November ballot. 

The citizen-initiated ballot measure would require all mail voters to include a driver’s license number, state ID number, or the last four digits of their Social Security number on their ballot so election officials can verify their identity. Colorado mails ballots to all registered voters and currently verifies voters’ identities by comparing the voter’s signature on their ballot to their signature in their registration record. Because the measure would change the state constitution, it needs at least 55% of the vote to pass.

Colorado, Maryland, and Missouri voters set to weigh in on redistricting ballot initiatives in November.

The Missouri Supreme Court ruled unanimously that a citizen-initiated referendum, seeking to repeal the congressional map passed by the Republican-controlled legislature earlier in the year, must appear on the November ballot. This decision reversed Secretary of State Denny Hoskins’ rejection of the petition. The court also ordered that the new map cannot be used for the November 2026 general election. The court held that the 2022 congressional map remains operative until voters have the opportunity to weigh in. Missouri Attorney General Catherine Hanaway asked the U.S. Supreme Court to reverse the ruling.

In Maryland, the Supreme Court reversed lower court rulings that had blocked a proposed constitutional amendment approved by the legislature during a special session last month. The court ordered the State Board of Elections to replace Question 3 with new language. If voters approve the measure, the legislature could eliminate its sole Republican-leaning district ahead of the 2028 election.

A Colorado citizen-initiated ballot measure that would prevent mid-decade redistricting qualified for the November ballot. The measure responds to several proposals that would have sought congressional redistricting ahead of the 2028 election. None qualified for the ballot. The constitutional change needs at least 55% of the vote to pass.