Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,794 bills so far this session across 44 states and D.C., with 314 bills that restrict voter access or election administration and 892 bills that improve voter access or election administration.
Restrictions on Voter Access or Election Administration
Georgia: The State Election Board adopted new rules, including requiring reconciliation of total ballots by hand count at polling places and expanding poll watcher access at tabulating centers. These new rules come despite warnings from the attorney general that some of the rules may exceed the scope of the board’s authority and a request from election officials not to adopt new rules so close to the November election.
Pennsylvania: The Pennsylvania Supreme Court issued a ruling requiring counties to reject mail ballots received in ballot envelopes with incorrect or missing dates, even if they are received on time.
Idaho: A federal district court upheld Idaho’s strict voter ID requirements. H.B. 124 and H.B. 340 created new ID and proof of residency requirements and prohibited the use of student ID cards for voting purposes.
Improvements to Voter Access or Election Administration
Michigan: The state Senate passed a package of bills, collectively referred to as the Michigan Voting Rights Act, designed to protect voting rights in the state.
Arizona: The state supreme court affirmed the full eligibility of nearly 100,000 registered voters after the discovery of a system error last week called into question whether they had provided the documentation necessary to vote in state elections.
North Carolina: A state court ruled that University of North Carolina digital student IDs can be used as voter ID, rejecting an attempt to reverse this State Board of Elections decision.
On Our Radar
Florida: A federal lawsuit in Florida challenges the state’s policy of requiring identifying information provided on voter registration forms to exactly match information in state and federal databases.
New Hampshire: An advocacy organization filed a lawsuit seeking to block enforcement of H.B. 1569, which created stricter documentation requirements for registration and voting. The law is set to go into effect after the November election.
Wisconsin: The state supreme court will decide whether the administrator of the election commission may remain in her post until a replacement is confirmed.
The Fine Print
Restrictions on Voter Access or Election Administration
Georgia State Election Board adopts new rules ahead of election, despite warnings from state attorney general and local election officials.
The Georgia State Election Board adopted several new rules last week, including a controversial rule that requires local officials to hand count ballots cast at each polling place (in addition to the machine count on Election Day or the following day). Additional rules adopted by the board expand poll watcher access at tabulation centers and require registrars to post daily voter participation reports and final vote totals on the county superintendents website or in a public place if one is not available. The rules are set to take effect next month.
Prior to the meeting, the Office of the Attorney General warned the board that several of the rules may conflict with existing law or exceed the scope of the board’s authority, and an organization representing election officials called on the board to put off consideration of any additional new rules until after the election.
Pennsylvania Supreme Court ruling requires counties to reject ballots received in undated and misdated envelopes.
The Supreme Court of Pennsylvania ordered the dismissal of a case over whether officials may count mail ballots received in envelopes with missing or incorrect dates accompanying the voter’s signature. Previously, a lower appellate court ordered Pennsylvania and Allegheny counties to count these ballots as long as they were received on time.
U.S. District Court dismisses lawsuit challenging Idaho’s strict voter ID requirements and removal of student IDs as qualifying voter ID.
A federal judge in Idaho dismissed a lawsuit challenging H.B. 124 and H.B. 340. Enacted in 2023, these bills created new ID and proof of residency requirements for voter registration applicants and prohibited the use of student ID cards as voter ID. The court found that the bills advanced important state interests and imposed only a “minimal or slight burden” and was unpersuaded by the plaintiffs’ equal protection arguments regarding the impact on young voters. The decision may be appealed.
Improvements to Voter Access or Election Administration
Michigan Senate passes package of voting rights bills.
The Michigan state Senate passed four bills designed to protect voting rights. The package of bills, referred to as the Michigan Voting Rights Act include: S.B. 401 (establishes voting rights protection, including pre-clearance in certain covered jurisdictions to ensure equal access for members of protected classes); S.B. 402 (creates a voting and elections database and institute at a public university); S.B. 403 (improves language assistance for voters); and S.B. 404 (makes various improvements to the process of in-person voting, including curbside voting). The bills now head to the House for consideration.
Arizona Supreme Court rules that nearly 100,000 voters flagged as potentially ineligible to vote in state elections may cast full ballots in November.
The state supreme court ruled that the nearly 100,000 voters whose eligibility to vote in state elections was called into question last week will be allowed to vote a full ballot in November. Secretary of State Adrian Fontes discovered the error in state systems, which may have mistakenly marked certain voters as having already provided the documentary proof of U.S. citizenship required to vote in state – but not federal – elections.
UNC student IDs will be acceptable voter ID after North Carolina court dismisses attempt to reverse State Board of Elections decision.
A state court judge in North Carolina rejected a request by the Republican National Committee and North Carolina Republican Party to block the use of the University of North Carolina’s digital student 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. Parties had disagreed as to whether state statute permits the use of a fully digital card for voter ID purposes. The decision may be appealed.
On Our Radar
Federal lawsuit challenges Florida’s “exact match” policy; advocates argue policy disenfranchises voters of color.
A federal lawsuit against Florida’s secretary of state, attorney general, and four county officials challenges the state’s policy of requiring certain identifying information provided on voter registration forms to exactly match DMV or federal Social Security Administration records. The plaintiffs allege that the policy disproportionately harms Black residents and other residents of color with unnecessary bureaucratic hurdles.
Advocacy group files lawsuit seeking to block enforcement of New Hampshire’s strict documentation requirements.
Following the enactment of H.B. 1569, which created strict documentation requirements for voter registration and a strict photo ID requirement to vote, an advocacy organization filed a lawsuit seeking to have the bill declared unconstitutional and prevent its enforcement. The lawsuit alleges that the new law will make it “substantially harder – and in some cases impossible – for many New Hampshire citizens to register and vote.” The group claims the law disproportionately affects students and other young people who are less likely to have access to the limited set of approved documents. The law is set to go into effect after the November election.
Wisconsin Supreme Court agrees to hear case over status of election commission administrator.
The state’s highest court will hear a case regarding whether Wisconsin Election Commission (WEC) Administrator Megan Wolfe may remain in her position, following the expiration of her term until a replacement has been appointed. In January, a Dane County judge ruled that Senate Republicans do not have the authority to remove or replace the WEC administrator. Wolfe has been the target of baseless conspiracy theories regarding the 2020 election.
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org