Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,792 bills so far this session across 44 states and D.C., with 314 bills that restrict voter access or election administration and 891 bills that improve voter access or election administration.
Restrictions on Voter Access or Election Administration
Ohio: Secretary of State Frank LaRose issued a directive limiting return of mail ballots at drop boxes to a voter’s personal ballot and requiring people assisting voters to return the ballots inside the county board office after completing an attestation form. Secretary LaRose also urged the state legislature to consider a total drop box ban.
Improvements to Voter Access or Election Administration
Montana: A federal appeals court upheld a district court ruling that blocked a Montana law that made it a crime to register to vote without canceling any registrations in other jurisdictions.
On Our Radar
Michigan: The ACLU sued Robert Froman, a county election official, after he threatened not to certify the 2024 election. The ACLU argues that certification is a non-discretionary duty under the state constitution.
North Carolina: The state Court of Appeals prohibited the distribution of mail ballots including former presidential candidate Robert F. Kennedy Jr., thereby delaying the start of mail voting as counties must reprint ballots.
Pennsylvania: Two cases out of the Commonwealth Court may make their way to the Supreme Court of Pennsylvania. One appeal seeks to block officials in Philadelphia and Allegheny counties from enforcing the provisions of a state law requiring officials to reject mail ballots received with misdated or undated envelope signatures. The second seeks to invalidate a ruling that Butler County officials were wrong to not count provisional ballots cast by voters whose mail ballots were rejected for missing the inner secrecy envelope.
Texas: The state attorney general filed a lawsuit against voter registration efforts led by election officials in two counties.
The Fine Print
Restrictions on Voter Access or Election Administration
Ohio secretary of state limits drop box use and asks state legislature to consider a complete ban.
Secretary of State Frank LaRose issued a directive limiting opportunities to return mail ballots to drop boxes. The directive states that voters may only return their own ballot via drop box, and that anyone assisting another voter in returning their ballot must go inside a county board office and complete an attestation form. Secretary LaRose also requested that the Ohio legislature pass legislation banning drop boxes. Ohio law currently authorizes one drop-off location per county, which must be at the office of the board of elections.
Improvements to Voter Access or Election Administration
Federal appeals court affirms ruling blocking Montana law that threatened criminal liability for voters.
The U.S. Court of Appeals for the 9th Circuit upheld a lower court’s ruling that blocked a Montana law making it a crime to register to vote without canceling any registrations in other counties or states beforehand. In its ruling, the court noted that double voting is already illegal in Montana and that the bill would discourage individuals from voting because of fear of criminal repercussions.
On Our Radar
ACLU sues Michigan official following threat not to certify election results.
The American Civil Liberties Union sued Robert Froman, a member of the Kalamazoo County Board of Canvassers, after an interview in which Froman stated he would refuse to certify the 2024 election if it unfolded similarly to the 2020 election. The lawsuit seeks a declaratory judgment stating that Froman and his fellow board members are duty-bound to certify the election under the state constitution.
North Carolina mail ballots delayed due to lawsuit.
The North Carolina Court of Appeals issued an order prohibiting the distribution of mail ballots unless the name of former candidate Robert F. Kennedy Jr. is removed. Kennedy requested to be removed from the ballot in late August, and the state board of elections had initially denied the request on the grounds that millions of ballots have already been printed, and state law permits the distribution of mail ballots starting 60 days before a statewide general election. The start of mail voting has been delayed as the state board of elections appealed the ruling to the state’s supreme court.
Pennsylvania Supreme Court expected to rule on misdated ballot question as it considers a second case involving so-called “naked ballots.”
The Republican National Committee, along with the Republican Party of Pennsylvania, appealed to the state’s supreme court a recent ruling by the Pennsylvania Commonwealth Court blocking officials in Philadelphia and Allegheny counties from enforcing the provisions of a state law requiring officials to reject mail ballots received with misdated or undated envelope signatures. Separately, a three-judge panel for the Commonwealth Court ruled that Butler County officials were wrong to not count provisional ballots cast by voters whose mail ballots were rejected for missing the inner secrecy envelope (known as “naked ballots”) in a case that has since been appealed to the state Supreme Court.
Texas attorney general files lawsuits in attempt to block county efforts at voter registration.
Attorney General Ken Paxton filed a lawsuit against election officials in Bexar County (home to San Antonio) and another against officials in Travis County (home to Austin), seeking injunctions against the counties’ plans to proactively mail voter registration forms to eligible residents who are not registered to vote. At a meeting in July, Bexar County commissioners voted to allocate public funds to hire an outside firm to identify unregistered but eligible voters and mail them registration forms; Travis County made a similar decision in August. The lawsuits allege that the mailing would “create confusion, facilitate fraud, undermine confidence in elections, and exceed [the commissioners’] statutory authority.”
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org