Skip to content
Search

Latest Stories

Top Stories

How blue states have overhauled their election systems, Part II

election law changes
whyframestudio/Getty Images

Editor's note: This story has been updated to correct information about changes in Virginia laws.

This is the seventh in a series of articles examining changes to voting laws in every state.

The ongoing election evolution in the United States, while in large part catalyzed by the Covid-19 pandemic, has been building momentum for years.

Many states were already undergoing major overhauls to their election systems leading up to the 2020 election, even before the pandemic gripped the nation. And in the aftermath of the presidential contest, states have doubled down on voting reforms.

To provide a comprehensive analysis of the voting law changes in every state and Washington, D.C., since 2019, The Fulcrum compiled data from the Voting Rights Lab, the National Conference for State Legislatures, the Brennan Center for Justice, and state statutes and constitutions. This sixth installment focuses on the four reliably Democratic states and the District of Columbia. The next part will round out the blue state report.

In recent years, Democrats have held the governor’s mansion and both chambers of the legislature in New Jersey, New Mexico, Rhode Island and Virginia (although Republicans won all of the top executive offices and control of the House in Virginia’s 2021 elections). Of these four states, Virginia made the most extensive changes to its election laws, followed by New Jersey. The other two states made few permanent changes over the past three years.

Sign up for The Fulcrum newsletter


The chart below provides an overview of how voting practices have changed or remained the same in these states over the past two years. A more detailed explanation of each state's changes follows.

Made with Flourish


More from Election Evolution:

How blue states have overhauled their election systems, Part I
How the 5 most populous states have overhauled their election systems
How the 5 vote-by-mail states have overhauled their election systems
How 5 swing states have overhauled their election systems
How the 4 early primary states have overhauled their election systems
How 5 Southern states have overhauled their election systems

New Jersey

Not only do Democrats control the “trifecta” (the governor’s mansion and both chambers of the Legislature), but for the time in state history there are now more registered Democrats than unaffiliated voters.

Over the past three years, those Democratic leaders have pushed through numerous changes to the election laws and procedures.

In 2020, the state enacted a “ballot curing” law to support the growth in voting by mail. Voters can access a confidential, free system to see whether their absentee ballot was accepted for counting. The measure also states that mail-in ballots cannot be rejected for a physical defect. County boards of election must record the rejection of a voter’s ballot and notify them within 24 hours of the decision to reject the ballot. The voter would have up to 48 hours prior to the date of final certification to provide a fix for their ballot via a “cure form.”

A 2019 bill removed a prohibition on voting for people who have been convicted of crimes but are on parole or probation. Another bill, enacted in 2021, prohibited prison gerrymandering — the practice of counting prison inmates where they are incarcerated, rather than their home addresses, for the purposes of redistricting — for federal, county, and municipal districts. Under the previous law, prison gerrymandering had been ended only for state legislative districts.

There were also several minor legislative changes enacted since 2019:

  • In 2021, the state made permanent an in-person early voting system, with voting windows varying based on the type of election.
  • The deadline for receipt of mailed-in ballots and certification of elections was extended in 2020.
  • Another 2020 law requires county boards of election to establish ballot drop boxes in each county at least 45 days before election.
  • That same year, the state enacted a law that allows for electronic signatures for all candidate, recall, initiative, and referendum petitions while New Jersey remains in a state of emergency.
  • A 2019 law granted permanent vote-by-mail registration to voters who filed to vote by that method from 2016 to 2018.

New Jersey was among the states that switched to a primarily all-mail election during 2020, in response to the pandemic. Gov. Phil Murphy announced in early 2021 that the state would return to in-person voting.

New Mexico

New Mexico has been a reliably blue state since 1992, although George W. Bush eked out a win during his 2004 re-election campaign.

The state made temporary election changes during the pandemic. However, over the last few years, the Legislature only passed one significant, permanent measure for elections taking place during non-emergency times: the enactment of same-day voter registration in 2019.

In April 2021, the Legislature created new rules for polling places on American Indian lands, some of which are only for periods of declared emergencies, including:

  • Any closing or consolidation of polling places on Native American lands or changes to the days or times when voting is allowed require the consent of Native governments.
  • Under certain parameters, the county clerk must open an Election Day polling place on Native lands, and possibly provide an alternate voting location.

During non-emergency times, the bill also specifies that the elimination or consolidation of a polling place on Native land would require a written agreement from the Native nation, tribe or pueblo on which the polling place is located.

Rhode Island

Rhode Island government has been predominantly led by the Democratic Party since the Great Depression, and the party currently holds the trifecta.

In the past three years, the General Assembly has made a few changes to election laws and procedures. The majority have been relatively minor tweaks For example, in 2020 the state approved a process by which voters can register and cast emergency mail ballots on the same day.

Other changes, all enacted in 2019, include:

  • A law provides that a voter may use proof of identity even if it has expired no more than six months prior to the date of voting.
  • The state established 7 a.m. as the uniform time to open polling places and declared that all ballots cast by military and civilian citizens residing outside the U.S. will be counted when received by 4 p.m. on the third day after the primary or the seventh day after the general election.
  • Rhode Island extended the absentee ballot deadline for military voters.
  • Voters who make a mark, rather than provide a signature, can provide proof of identity without need for an affidavit by election supervisors.
  • The state loosened the rules for primary voting by passing a law that allows unaffiliated voters to participate in party primary.

Virginia

State lawmakers and Gov. Ralph Northam, who have enjoyed unified Democratic control but will give way to Republicans in 2022, enacted sweeping election reform legislation this year. The new laws focus on increasing access to the polls, specifically for historically marginalized groups.

This year, Northam signed the Voting Rights Act of Virginia, which provides protection against voter suppression and discrimination. It requires local officials to seek pre-approval for any voting changes and allows individuals to sue on the basis of voter suppression. The bill also creates the Voter Outreach and Education Fund to educate voters on their rights.

Virginia also implemented several measures to expand mail voting accessibility. The list of acceptable reasons for requesting an absentee ballot was eliminated so anyone can vote by mail. First-time voters are no longer required to vote in person, and voters may also cast emergency ballots through a designated representative if they are injured or ill on Election Day. Furthermore, the early voting period was extended to include Sundays.

Additionally, the state adopted a 45-day window for no-excuse absentee voting and established a permanent absentee list, which allows voters to sign-up only once to receive mail-in before every election.

Accommodations for voters with disabilities were also approved. For example, election officials are now required to provide screen reader assistive technology for voters with a visual impairment. Officials are also required to provide an outer return envelope that includes a tactile marking that identifies it as such. Ballots may no longer be rejected due to the placement of a voter’s signature or address.

Finally, the possession of a firearm is prohibited within 40 feet of any entrance of a polling place except by police officers and security guards. The ban is in force from an hour before the polling place’s opening until an hour after closing, and it applies during the early voting period as well..

Other recent voting changes include:

  • Same-day voter registration and automatic voter registration are allowed.
  • Voters are also no longer required to present a photo ID at the polls. A valid student photo identification card issued by any institution of higher education may also be used as a form of identification.
  • Election day is designated as a state holiday.
  • The governor is allowed to authorize an extension to the deadline for online voter registration in the event of a malfunction/issue. This extension also applies to in-person and mail voting.
  • County election officials must designate an absentee ballot drop-off location at multiple locations at least 55 days before Election Day.
  • Officials must verify absentee ballots upon receipt and contact any absentee voter who returns their ballot by the Friday before Election Day with an issue that could lead to the ballot's rejection.
  • The state must provide prepaid return postage for absentee ballots.
  • Election officials cannot reject a ballot due to an unsealed envelope or if it is missing the full name or date.
  • A person at least 16 years of age may now register to vote.
  • Authorities are permitted to begin processing absentee ballots by noon on Election Day. Existing law allowed authorities to start at 3 p.m.
  • All voters are permitted to use curbside voting during a declared state of emergency due to Covid-19. Existing law only permitted voters with disabilities or who were 65+ to use curbside voting.
  • Election officials cannot void an absentee ballot due to a missing witness signature if the ballot was cast during a declared state of emergency
  • Cities and counties may work with a third party for the printing, assembly, and mailing of absentee ballots.











Read More

Congress Bill Spotlight: Preventing Presidential Inaugurations on MLK Day, Like Trump’s

Donald Trump takes office for his second term as the 47th President of the United States.

Getty Images, Pool

Congress Bill Spotlight: Preventing Presidential Inaugurations on MLK Day, Like Trump’s

The Fulcrum introduces Congress Bill Spotlight, a weekly report by Jesse Rifkin, focusing on the noteworthy legislation of the thousands introduced in Congress. Rifkin has written about Congress for years, and now he's dissecting the most interesting bills you need to know about, but that often don't get the right news coverage.

President Donald Trump falsely claimed his January 6, 2021 speech preceding the Capitol Building riot “had more people” in attendance than Dr. Martin Luther King Jr.’s “I Have a Dream” speech.

Keep ReadingShow less
Just the Facts: Trump Administration Pauses International Student Visas
woman wearing blue denim jacket holding book

Just the Facts: Trump Administration Pauses International Student Visas

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, we remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.

Has the Trump administration put a hold on issuing student visas for this coming fall?

The Trump administration has paused new student visa interviews as part of an effort to expand social media screening for applicants. The State Department has instructed U.S. embassies and consulates to stop scheduling new student and exchange visitor visa appointments until further guidance is issued. However, previously scheduled interviews will still proceed.

Keep ReadingShow less
A Community Response to Disabled Gun Violence Survivors

A Community Response to Disabled Gun Violence Survivors

“What did you see once you got shot?” That might not be one of the first things victims of gun violence are asked, but it was the first question Access Living asked in a survey used to address and assess the many difficulties survivors of gun violence faced.

The nation’s gun violence crisis continues to be a significant threat to people’s lives, as it has claimed over 10,000 lives in the United States every year for the past 10 years, according to Gun Violence Archive. Only three months into 2025, there have been over 100 shootings reported in Chicago, and this will probably continue to rise, as in the country in 2023, on average, 118 people died of gun violence a day. According to the National Institute for Health Care Management Foundation, for every person who dies due to gun violence, more than two survive, usually with significant lifelong physical injuries that they have to learn to live with, along with the mental trauma of the incident.

Keep ReadingShow less
Improving Infrastructure In Washington To Benefit Both People and Nature

The 50: Washington

Improving Infrastructure In Washington To Benefit Both People and Nature

The 50is a four-year multimedia project in which the Fulcrum visits different communities across all 50 states to learn what motivated them to vote in the 2024 presidential election and see how the Donald Trump administration is meeting those concerns and hopes.

Washington State has historically fluctuated between Republican and Democratic preferences. While it was considered a Republican-leaning swing state until the 1980s, the political landscape shifted significantly in the following decades. Since 1988, the Democratic Party has won every presidential election in Washington, consistently achieving victory by double-digit margins since 2008.

Keep ReadingShow less