Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,817 bills so far this session across 44 states and Washington, D.C., with 325 bills that restrict voter access or election administration and 898 bills that improve voter access or election administration.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
North Carolina legislature passes bill stripping governor of election authority.
After losing their veto-proof supermajority for the next legislative session, Republicans in the North Carolina legislature passed through both chambers an amended version of hurricane relief bill (S.B. 382) in the lame duck session. The amended bill would shift administrative control of the State Board of Elections from the Democratic governor to the Republican state auditor and require voters to cure mail ballot deficiencies within three days of Election Day instead of nine. Gov. Roy Cooper has indicated concerns with the bill, and has until November 30 to issue an expected veto.
Last year’s S.B. 749, enacted over Gov. Cooper’s veto, removed the governor’s power to appoint members of state and county boards of elections. That legislation was blocked from going into effect by a three judge panel earlier this year. Legislative leadership is appealing that ruling.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Virginia House committee advances rights restoration constitutional amendment.
A Virginia House committee voted to adopt H.J.R. 2, a resolution that – if passed by both chambers in successive legislative sessions and then approved by voters – would amend the state’s constitution to automatically restore voting rights upon release from incarceration. Virginia remains one of only three states that never automatically restores voting rights to residents with past felony convictions.
ON OUR RADAR
Pennsylvania Supreme Court reaffirms that undated and misdated mail ballots cannot be counted.
The Pennsylvania high court ruled again that mail ballots received on time in envelopes that were either undated or misdated by the voter cannot be counted for this year’s general election. The fate of these ballots has been the subject of litigation for years and is expected to continue as a source of disagreement.
Georgia State Election Board calls on legislature to enact new requirements for county officials.
The State Election Board did not approve two petitions presented at its first meeting since the November election but instead recommended that the state legislature address them during the upcoming session. The proposals would have required county officials to publicly post the names of registered voters ahead of an election as well as require officials post a list of participating voters no more than five days after a given election.
Alaska measure to repeal ranked choice voting fails by 664 votes.
Alaskans voted against repealing the state’s ranked choice voting and open primary system earlier this month.
Mississippians disenfranchised due to past felony convictions ask the U.S. Supreme Court to strike down their permanent disenfranchisement.
Petitioners have appealed to the U.S. Supreme Court in a case challenging the constitutionality of Mississippi’s felony voting ban. Earlier this year, the U.S. Court of Appeals for the 5th Circuit reversed a previous decision by a three-judge panel finding Mississippi’s permanent disenfranchisement laws violated the U.S. constitution. Mississippi remains one of only four states where the voting rights of citizens with past felony convictions are never automatically restored.
Plaintiffs appeal to U.S. Supreme Court in challenge to Illinois postmark deadline for mail ballots.
Plaintiffs appealed to the U.S. Supreme Court for review of the 7th Circuit’s ruling upholding an Illinois law that permits mail ballots to be counted if received as late as 14 days after Election Day. Last month, the 5th Circuit struck down a similar provision in Mississippi.
This update is powered by VRL’s State Voting Rights Tracker: tracker.votingrightslab.org