Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The state of voting: July 11, 2022

State of voting - election law changes

This weekly update summarizing legislative activity affecting voting and elections is powered by the Voting Rights Lab. Sign up for VRL’s weekly newsletter here.

The Voting Rights Lab is tracking 2,183 bills so far this session, with 578 bills that tighten the rules governing voter access or election administration and 1,040 bills that expand the rules.

Arizona enacted a bill that will remove individuals from the voter registration list based on poor information – sometimes without any notification – and another ensuring voters across the state can track the status of their mail ballots online.

Meanwhile, the Pennsylvania legislature approved a ballot initiative that would require voters to provide ID when casting a ballot, even by mail, and the Wisconsin Supreme Court found that state law does not allow municipalities to provide drop boxes.

Looking ahead: We will be watching how the first director of the Florida Office of Election Crimes and Security focuses the attention of the newly created office.

Here are the details:


The governor of Arizona signed two bills, one restricting ballot access and one improving it. On Wednesday, Gov. Doug Ducey signed H.B. 2243, requiring election officials to conduct investigations of registered voters using data sources that are not designed to determine voter eligibility and contain incomplete information. Some voters who would have their registrations canceled pursuant to these new requirements would not receive notice prior to cancellation or have an opportunity to contest the cancellation. This new law is nearly identical to H.B. 2617, a bill the governor vetoed earlier this year.

Ducey also signed S.B. 1411, which requires statewide ballot tracking, ensuring all voters across the state are able to track the status of their mail ballot online by the end of 2023. The bill also appropriates $250,000 for the implementation of the policy.

The Pennsylvania General Assembly offers initial approval to a ballot question on voter ID. The legislature approved a ballot initiative that would require voters to show government-issued identification when they vote, whether in person or by mail. If the bill passes again in the 2023-24 session, the proposal will appear on the ballot for final approval by the voters.

The Wisconsin Supreme Court found that drop boxes are not permissible under state law. For years, some Wisconsin municipalities provided drop boxes for voters. The practice became widespread in 2020, as Covid-19 drove many more voters to choose to vote by mail. In a decision issued July 8, the Wisconsin Supreme Court rejected the Wisconsin Election Commission’s drop box guidance and held that ballots must be returned by mail or by the voter to the clerk at either the clerk’s office or a designated alternative site.

New director named to Florida elections investigation unit. Gov. Ron DeSantis named Peter Antonacci as the new head of the newly created Office of Election Crimes and Security, which was created by S.B. 524 earlier this year. Under the supervision of new Secretary of State Cord Byrd, Antonacci will oversee an office that includes 15 investigators with instructions to follow up on reports of election irregularities. Currently, it is unclear whether this office will primarily focus on voters, election officials, parties or candidates.


Read More

Where Do Territorial Courts Fall in Our Constitutional Framework?

Black and white sketch of a courtroom in session.

illustration provided

Where Do Territorial Courts Fall in Our Constitutional Framework?

The Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook have understandably been read as cases about presidential control over executive officers. But they may have implications for a different and largely overlooked question lurking in a pending Supreme Court case: Who may exercise the judicial power of the United States in the territories?

This question made a cameo appearance in the Slaughter case. The majority noted in a footnote that “a justice of the peace in the District of Columbia” exercises “the judicial power of the District, just as territorial judges exercise the judicial power of their respective territories” — not the executive power. Therefore, the court went on, “the fact that Congress may prohibit the President from firing the District’s judges (who do not exercise his power) says nothing about whether Congress may prohibit the President from firing his subordinates (who do).”

Keep ReadingShow less
Affordability Crisis - Role of Non-Popular Vote President’s  SCOTUS Appointees

Silhouette of a hand holding a vote putting in a ballot box in front of the national flag Stars and Stripes of USA.

Getty Images

Affordability Crisis - Role of Non-Popular Vote President’s SCOTUS Appointees

The 21st-century Supreme Court Justices appointed by presidents who did not win the popular vote have fundamentally reshaped the affordability crisis by dismantling federal regulatory authority, weakening consumer protections, and expanding landlords' and local governments' property rights over renters.

Specifically, five current justices fit this description: Chief Justice John Roberts and Justice Samuel Alito (appointed by George W. Bush following the 2000 election), alongside Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett (appointed by Donald Trump following the 2016 election). This conservative supermajority has heavily influenced cost-of-living metrics through historic rulings in administrative, housing, and financial law.

Keep ReadingShow less
The Long Tradition of Lawyers Defending U.S. Democracy

women in a courtroom

Getty Images

The Long Tradition of Lawyers Defending U.S. Democracy

For centuries, lawyers have been leaders in establishing and protecting our democracy and its cornerstone, the rule of law. They have challenged tyrants, whether it be King George III in our nation’s founding or President Trump, a wannabe king, today.

Lawyers swear to do this in an oath, which is a condition of admission to the bar, to “support the Constitution of the United States.” This sworn duty continues a centuries-old tradition.

Keep ReadingShow less
California Latinos Showed Up—Now Party Insiders Want to Shut Them Out

Xavier Becerra

Getty Images

California Latinos Showed Up—Now Party Insiders Want to Shut Them Out

Political strategist, IVN commentator, and The Latino Century author Mike Madrid has a blunt warning for California: The campaign to repeal the state’s nonpartisan Top Two primary would disproportionately silence the fastest-growing segment of the electorate.

In a new Sacramento Bee op-ed, Madrid argues that Latino voters—particularly those who do not align with either major party—played a significant role in California’s record-setting June primary.

Keep ReadingShow less