Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,623 bills this session across 50 states. Our analysis finds that 708 bills improve voter access or election administration and 419 bills restrict voter access or election administration.
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Nevada Assembly advances bills to prevent mail ballot rejections, improve election transparency, and strengthen language access.
The Nevada Assembly passed three election-related bills last week. A.B. 499 would allow voters to bypass signature comparison – a potential source of ballot rejection – if they provided the last four digits of an ID number on their return envelope, and allow voters whose ballots were flagged for rejection to confirm their identities via email or text. A.B. 496 would require daily online updates of mail and provisional ballot counts during the voting period and monthly voter registration list updates. A.B. 367 would improve language assistance for in-person voters and require voting materials be available in additional languages on the secretary of state’s website. All three bills now move to the Senate.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
New Hampshire House advances package of restrictive elections bills.
The New Hampshire House passed several elections bills last week, including H.B. 217, which would expand the state’s documentary proof of citizenship requirement. This legislation would mandate that voters casting mail ballots and registering to vote by mail submit copies of documentary proof of citizenship. Under current law, most voters must register to vote in person at a clerk’s office and provide documentary proof of citizenship. These bills now head to the Senate. Meanwhile, a federal judge heard arguments challenging the state’s 2024 documentary proof of citizenship law, requiring that voters provide proof of citizenship in person to their local clerk when registering to vote.
Alabama House passes bill prohibiting ERIC membership.
The Alabama House passed H.B. 479, which would prohibit the state from joining the Electronic Registration Information Center, a bipartisan group that helps states maintain accurate voter rolls. The bill would also require new data-sharing methods between states. The state left ERIC in 2023 and has since entered several bilateral data-sharing agreements with other states.
ON OUR RADAR
Federal court blocks parts of Trump executive order on elections.
The U.S. District Court for the District of Columbia issued an order blocking some provisions of President Donald Trump’s executive order on elections. These provisions would have directed the Election Assistance Commission to require voter registration applicants using the federal registration form to provide documentary proof of citizenship. It also would have required federal agencies to assess citizenship status before providing registration assistance.
North Carolina court strikes down law stripping control of State Board of Elections from governor as legal fight continues over 2024 Supreme Court race.
A state court struck down provisions of 2024’s S.B. 382 – which transferred administrative control and appointment power over the State Board of Elections from the governor to the state auditor. The court found that the law violated the state’s constitution, which grants supreme executive power to the governor. The decision is likely to be appealed. Separately, a federal appeals court paused implementation of a state court ruling that would have required over 1,000 voters to provide additional documentation or have their votes thrown out. The ruling will give a federal district court additional time to review the case.
Federal court pauses Mississippi mail ballot deadline ruling, pending Supreme Court review.
A federal district court stayed a prior ruling that Mississippi’s five-day grace period for counting mail ballots postmarked by Election Day violates federal law. The stay will remain in effect while the state petitions the U.S. Supreme Court to review the case. The decision restores Mississippi’s place alongside 18 states and D.C. that rely on postmarks to determine the timeliness of mail ballots, even if they are received after Election Day. President Donald Trump’s executive order on elections seeks to end this practice.
Indiana sues DHS over citizenship verification data.
Indiana and Secretary of State Diego Morales have filed a lawsuit against the U.S. Department of Homeland Security, challenging the federal government’s refusal to provide the citizenship status of voters through the federal government’s Systematic Alien Verification for Entitlements program. Critics argue the state is seeking to block thousands of legitimate voters from voting and undermine confidence in elections.
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