The Markup: May 19, 2025

by Chris Diaz

May 19, 2025

We are tracking 1,663 bills prefiled or introduced this session across 50 states. Our analysis finds that 729 bills improve voter access or election administration and 429 bills restrict voter access or election administration.

Pennsylvania House advances sweeping early and mail voting reform bill.

The Pennsylvania House passed H.B. 1396, a comprehensive election reform bill. The bill would establish a uniform Election-Day-style statewide early voting period. It also would end the rejection of mail ballots due to missing or erroneous hand-printed dates, establish a statewide cure process, expand ballot drop box access, and modernize mail ballot processing. Years of litigation have resulted from mail ballot rejections due to dating errors. Pennsylvania is one of only 18 states without a statewide cure process allowing voters to correct minor errors on their ballot envelopes. The bill now heads to the Senate for consideration and a potential bipartisan compromise involving voter ID requirements.

Colorado enacts state-level voting rights act; adds new protections for voters and election workers.

Gov. Jared Polis signed two election bills this week. S.B. 1 creates the Colorado Voting Rights Act, providing stronger legal tools for challenging discriminatory practices and requiring language assistance to certain voters. With its signing, Colorado joins a growing number of states enacting voting rights acts. H.B. 1225 additionally establishes civil penalties for election-related intimidation and threats. 

Alaska Senate advances comprehensive election reform bill in the final days of legislative session.

The Alaska Senate passed S.B. 64 this week. This bill creates a statewide cure process for mail ballots, eliminates the witness requirement for completing a mail ballot, and extends the voter registration period. The bill is now under consideration by the House. It is unclear if adequate time remains to advance the bill before the legislature’s scheduled adjournment on Wednesday.

Federal appeals court weakens federal Voting Rights Act.

In a 2-1 opinion issued last week, an 8th Circuit Court of Appeals panel ruled that Section 2 of the Voting Rights Act may not be enforced through lawsuits brought by private parties under the Civil Right Act of 1871. The ruling impacts enforcement in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. This leaves cases brought by the U.S. Department of Justice as the only avenue for recourse against voting rights violations in those states. The ruling may be appealed to the full 8th Circuit or the U.S. Supreme Court.

Arizona governor vetoes restrictive bills creating new ID requirements, imposing expensive voter list maintenance changes, and more.

Gov. Katie Hobbs vetoed four restrictive voter bills. H.B. 2206 would require withdrawal from ERIC and create expensive new voter list maintenance requirements. S.B. 1098 would require voters returning a mail ballot to present a photo ID. S.B. 1064 would require all electronic voting and tabulation equipment to meet Cybersecurity and Infrastructure Security Agency standards. S.B. 1052 would withdraw voting eligibility from citizens who are the children of a registered Arizona voter but have never personally lived in the United States. Hobbs also vetoed H.B. 2767, which would have made changes to the automatic voter registration process at the Department of Transportation to ensure compliance with the National Voter Registration Act, citing inaccuracies and cost.

Wyoming and Louisiana face lawsuits filed challenging proof of citizenship laws.

Coalitions of voting rights organizations filed lawsuits in Wyoming and Louisiana challenging recently enacted laws – WY H.B. 156 and 2024 LA S.B. 436. These laws require voter registration applicants to provide documentation proving their U.S. citizenship. The Louisiana law, which was supposed to go into effect at the start of this year, has not been implemented yet. Plaintiffs claim the state has not issued any guidance on how parish officials should comply with the law’s requirements.

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