The Markup: Courts, citizenship checks, and seized ballots
Welcome to The Markup, Voting Rights Lab’s weekly digest of the latest election law and policy updates nationwide.
We’re tracking 1,725 bills this session across 44 states and D.C. In this edition, we cover the U.S. Supreme Court’s order allowing officials to resume using an expanded version of the federal SAVE citizenship-verification system, even as reviews in Nevada and Arizona find that most voters it flagged are U.S. citizens. We also look at the California Supreme Court’s order that a sheriff return roughly 650,000 seized ballots to election officials, and a new federal lawsuit over North Carolina’s mail ballot rules. Read on for more.
**Next week, we’ll dive into the ballot measures that could change how elections are run across the country.**
The Good News
Federal judge blocks DHS from conditioning public safety grants on election policy changes.
A federal judge ruled that the Department of Homeland Security (DHS) cannot withhold counter-terrorism grants from local governments that refuse to adopt the Trump’s administration’s preferred election policies. A coalition of cities and counties sued after the DHS threatened to withhold local preparedness grants from jurisdictions that did not search for alleged noncitizens using the unreliable SAVE database, along with other proposals.
California Supreme Court rules sheriff unlawfully seized ballots and affirms state oversight authority.
The California Supreme Court unanimously held that Riverside County Sheriff Chad Bianco violated state election law. The sheriff’s office seized roughly 650,000 ballots cast in the November 2025 redistricting special election. The court ordered the ballots be returned to election officials, finding that voted ballots must remain in the custody of election officials even during a criminal investigation. In a companion case, the court held that the state attorney general has authority to issue binding directions to county sheriffs regarding criminal investigations. The court ordered Bianco to halt further action while the attorney general reviews the investigation.
Louisiana challenge to proof of citizenship law allowed to proceed.
A federal judge denied Louisiana’s motion to dismiss a lawsuit challenging a 2024 law requiring proof of citizenship to register to vote. The law — which has not gone into effect — would require voters to provide documentation, such as a passport or birth certificate, when registering to vote.
The Bad News
Trump administration’s changes key form for military and overseas voters lead to lawsuit.
The Department of Defense changed the Federal Postcard Application (FPCA) — a form used by military and overseas voters to register to vote and request a mail ballot — to remove a checkbox for U.S. citizens born abroad who have never lived in the U.S.. Instructions accompanying the form now make clear that it is only for voters who intend to return to the country. The voting rights of “never-resided” citizens have been under attack across the country. The Democratic National Committee filed a lawsuit challenging these changes.
Ohio law requiring proof of citizenship for voter registration at BMV reinstated by federal appeals court.
A divided Sixth Circuit panel lifted a preliminary injunction blocking a provision of a 2025 law. The law limits voter registration at the Bureau of Motor Vehicles to individuals who provide proof of citizenship. The ruling allows the requirement to remain in effect while litigation continues. Ohio does not have automatic voter registration, but federal law generally requires the state to offer eligible individuals an opportunity to register to vote when applying for or renewing a driver’s license.
On Our Radar
Supreme Court allows the use of flawed DHS citizenship tool.
The U.S. Supreme Court issued an order pausing a lower court’s injunction against an expanded version of the Systematic Alien Verification for Entitlements (SAVE) database. The system is meant to let election officials verify voters’ citizenship, but it has proven unreliable.
A June district court ruling had blocked the system after concluding that the Department of Homeland Security and the Social Security Administration had unlawfully compiled personal information from different sources and violated federal privacy laws. The ruling allows state and local governments to resume use of the expanded system while the administration’s appeal continues in the D.C. Circuit Court of Appeals.
Georgia State Election Board requests federal law enforcement involvement with elections.
The divided Georgia State Election Board sent letters to the U.S. Department of Homeland Security and the Department of Justice (DOJ), claiming that Georgia’s QR-code-based voting system is illegal and requesting that they investigate the machines. The board claims the system contains security and privacy concerns. The DOJ lacks authority to unilaterally declare machines illegal, and Georgia’s voting equipment is already federally certified.