Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 338 bills prefiled or introduced this session across 23 states. Our analysis finds that 69 bills restrict voter access or election administration while 158 bills improve voter access or election administration.
Legislative sessions are kicking off in 15 states this week: Arizona, Arkansas, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, New Jersey, South Carolina, South Dakota, Tennessee, Texas, Washington, and Wyoming. We are already tracking eight prefiled bills in Arizona and 90 in Texas.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Members of Congress reintroduce federal documentary proof of citizenship bill.
Republicans in the House of Representatives reintroduced the SAVE Act, which would require all citizens to provide documentary proof of their citizenship when registering to vote in federal elections. The House passed the bill last session, but it did not advance in the Senate. A Brennan Center study estimates that more than 20 million eligible voters do not have proof of citizenship documentation readily available. In Arizona, similar proof of citizenship requirements create barriers to voting for voters on college campuses, Native lands, and those who are unhoused.
Wisconsin Senate advances state constitutional amendment requiring photo ID to vote.
The Wisconsin Senate passed S. J.R. 2, a resolution that would enshrine a photo ID requirement in the state’s constitution. While this is already in line with current statutory law, legislators are seeking to prevent future legislators or state courts from changing the requirement. The resolution passed last legislative session, and the Assembly is expected to consider the amendment this week. If adopted, the amendment would require voter approval in April.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Federal appeals court upholds Michigan’s “Promote the Vote” initiative.
The 6th Circuit upheld a lower court’s ruling, leaving in place state constitutional amendments that improve voter access. As part of 2022’s Proposal 2, these amendments established in-person early voting; created a permanent mail voter list; and expanded the list of acceptable voter ID, among other changes. Opponents of the changes argued the U.S. Constitution does not allow citizen-led initiatives to regulate federal elections. The case may be appealed.
New Jersey Senate committee advances bill to automatically mail ballot applications to pre-registered voters when they turn 18.
A state senate committee passed S.B. 3617, a bill that would direct county clerks to send a mail ballot application to each pre-registered voter upon their 18th birthday. Voters can use these applications to request a mail ballot for a single election or to join the permanent mail voter list. New Jersey is among nine states and D.C. that allow all voters to sign up to receive mail ballots for all future elections. The bill now moves to the Senate Committee on Budget and Appropriations for consideration.
ON OUR RADAR
North Carolina governor challenges partisan power grab and State Supreme Court blocks certification for one of its seats.
The outgoing and incoming governors of North Carolina filed a supplemental complaint in their lawsuit challenging parts of S.B. 382. The complaint alleges the bill unlawfully stripped the new governor’s authority to oversee and appoint members of the State Board of Elections. The state Supreme Court also blocked certification of a close race for one of its seats. This challenge could result in tens of thousands of ballots being thrown out.
Arizona court strikes down policy change meant to ensure certification of election results and Maricopa County seeks to audit certified election results.
A state court judge ruled that Secretary of State Adrian Fontes overstepped his authority in modifying the Election Procedures Manual. The changes would have affected how elections are certified and how registrations are cancelled. The court ruled the state cannot finalize statewide election results without including the results of counties that miss certification deadlines. Maricopa County’s new board of supervisors plans to audit the county’s election system, despite strong confidence in the 2024 election among voters across the ideological spectrum.
As mail voting grows, so do ballot rejections.
A shift towards mail voting nationwide has led to a surge of rejected mail ballots due to signature matching issues. In Nevada, county officials rejected nearly 9,000 potentially valid mail ballots in November due to signature issues. These issues may partly stem from the decline in cursive education and voters submitting DMV signatures on touchpads that do not match their handwritten signatures. While most states have a standard process for voters to correct or “cure” mail ballot issues, 18 states do not provide such an option.
This update is powered by VRL’s State Voting Rights Tracker.