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
New Hampshire: Gov. John Sununu signed H.B. 1569, which creates strict documentation requirements for voter registration, including proof of citizenship, and a strict photo ID requirement to vote. The bill goes into effect after the presidential election.
Pennsylvania: The Pennsylvania Supreme Court directed counties to reject mail ballots with missing or incorrect dates on the return envelope, reversing a recent ruling.
Arkansas: A federal appeals court reinstated an Arkansas rule prohibiting the use of electronic signatures for voter registration. A district court judge previously blocked the rule.
Improvements to Voter Access or Election Administration
Arizona: Maricopa County approved a record 236 voting centers for November, increasing the number of voting booths available by 35%.
On Our Radar
National: Two national groups representing state election officials sent a letter to the postmaster general expressing concerns about delays in delivery of election mail and mail being improperly returned as undeliverable.
North Carolina: Mail ballots will be delayed by two weeks following a court order to reprint ballots. The RNC filed a lawsuit challenging the State Election Board’s decision to accept UNC digital student IDs as voter ID.
Georgia: The Justice Department issued guidance stating that systematic voter list maintenance, including removing voters based on mass third-party challenges, is prohibited by federal law in the 90 days before the election. The announcement follows a recently filed federal lawsuit in Fulton County questioning the application of the 90-day deadline to third-party challenges.
The Fine Print
Restrictions on Voter Access or Election Administration
New Hampshire governor signs bill requiring documentary proof of citizenship for voter registration and eliminating photo ID exceptions.
Gov. John Sununu of New Hampshire signed H.B. 1569. The bill creates strict documentation requirements for voter registration and adds a strict photo ID requirement to vote by eliminating existing alternative options for each process. Under current law, which will remain in effect for this November’s election, voters can demonstrate their qualifications by signing an attestation under penalty of perjury, rather than providing documentation. The new law is likely to face a challenge in court.
Pennsylvania Supreme Court directs counties to reject mail ballots with missing or incorrect dates on the return envelope.
The Pennsylvania Supreme Court ordered counties to reject mail ballots returned in envelopes with a missing or incorrect date accompanying the voter’s signature, reversing a lower court ruling. The court found that the lower court did not have subject matter jurisdiction to consider the case in part because the lawsuit failed to name all 67 county boards of elections. A similar federal case involving all Pennsylvania counties is expected to be appealed to the U.S. Supreme Court.
Federal appeals court reimposes Arkansas prohibition on using electronic signatures for voter registration.
The U.S. Court of Appeals for the 8th Circuit reinstated an Arkansas rule prohibiting the use of electronic signatures for voter registration. The federal district court had previously blocked implementation of the rule. Litigation is ongoing in the case.
Improvements to Voter Access or Election Administration
Maricopa County, Arizona, approves a record 236 voting centers for November.
Last week, the Maricopa County Board of Supervisors approved a plan for a record 236 vote centers for the November election. As a result, there will be 35% more voting booths available on Election Day compared to the 2020 general election. Compared to polling places, vote centers are locations where any eligible voter in the county may cast a ballot. Maricopa County is home to over 60% of Arizona’s population.
On Our Radar
Election officials raise concerns about the U.S. Postal Service’s handling of election-related mail.
The National Association of Secretaries of State and the National Association of State Election Directors sent a letter to Postmaster General Louis DeJoy expressing concerns about the Postal Service’s performance.. The letter cited delays in delivery of mail ballots and mail being improperly returned as undeliverable.
Mail ballots face two-week delay in North Carolina after a court order to reprint nearly 3 million ballots; RNC challenges use of UNC student IDs for voting.
The North Carolina State Board of Elections published a revised timeline for mailing ballots, acknowledging a two-week delay and the need to reprint nearly three million ballots following the court-ordered removal of Robert F. Kennedy, Jr., from the ballot. This reprinting is estimated to cost counties as much as $1 million. Federal law requires ballots to be sent no later than 45 days before a federal election.
Additionally, the Republican National Committee and North Carolina Republican Party filed a complaint challenging the use of the University of North Carolina’s Mobile One digital ID for voting purposes. The State Board of Elections recently approved the use of the card, which is fully digital and is the official ID for UNC students. The lawsuit alleges that state law does not authorize the use of electronic forms of photo identification.
Justice Department issues voter list maintenance guidance following federal lawsuit in Georgia.
The Department of Justice (DOJ) released guidance regarding the procedures local and state officials must follow when removing voters from their states’ rolls. The DOJ clarified that systematic list maintenance, including challenges brought by third parties using computer systems, are prohibited within 90 days of a federal election.
This guidance follows the filing of a federal lawsuit last month in Fulton County, Georgia, alleging that this 90-day period does not preclude challenges from third parties. S.B. 189, enacted in Georgia earlier this year, allows challenges up to 45 days before an election.
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org