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The state of voting: Nov. 7, 2022

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 2,208 bills so far this session, with 583 bills that tighten voter access or election administration and 1,058 bills that expand the rules. The rest are neutral, mixed or unclear in their impact.

In the final days before the conclusion of the midterm elections, courts in Arizona, New York and Pennsylvania weighed in on voting procedures that will impact how votes are counted and perhaps even whether some people cast their ballots.

There may even be some last minute action with yet another lawsuit filed in Pennsylvania.

Here are the details:


Pennsylvania Supreme Court decision disenfranchises voters who forget to date their ballots. Pennsylvania counties have disagreed on whether to count signed mail ballots returned on time by eligible voters when the voter forgets to date their signature, or mistakenly puts a different date (such as their birthdate) instead. Though the date has no bearing on whether the ballot is timely, nor whether the voter is eligible to vote, the Pennsylvania Supreme Court decided last Tuesday that these ballots cannot be counted. Since the decision, Berks County has notified over 700 voters that their ballots have been canceled for signature date reasons, and Allegheny County has released a list of over 1,000 voters who must act to avoid disenfranchisement.

On Friday, a lawsuit was filed in federal court challenging the Pennsylvania Supreme Court decision as a violation of the federal Voting Rights Act, which prohibits states from rejecting ballots for “immaterial” reasons.

New York reject challenges to absentee ballot laws. New York’s intermediate appellate court prevented vote counting chaos by upholding two 2021 laws relating to absentee ballots against a pair of last-minute lawsuits by New York’s Republican and Conservative parties. One lawsuit, filed in late September after absentee ballots had already been mailed to voters, resulted in a trial court ordering officials to stop the ongoing canvassing of ballots in late October. The other lawsuit resulted in a mid-September court order upholding the legitimacy of mail ballots relying on a special Covid-related illness excuse, which the Schoharie County Republican Committee then appealed in early October. The intermediate appellate court rejected these suits, stating their filing came too late and that ruling in plaintiffs’ favor would have been profoundly disruptive to the ongoing election.

Arizona court protects voters against intimidation, while Cochise County presses forward with plans to do a full hand count. On Tuesday, a judge issued a restraining order blocking armed civilians from intimidating, harassing and photographing voters returning ballots to drop boxes. Cochise County, facing the threat of litigation, had decided to pursue a limited and clearly legal hand count of ballots cast in the November election. After Arizona Attorney General Mark Brnovich issued an interpretation of the law, however, the county decided to press forward with a full hand count. The county was promptly sued.

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(Photo by Chen Mengtong/China News Service/VCG via Getty Images)

Understanding the Debate on Health Secretary Kennedy’s Vaccine Panelists

Summary

On June 9, 2025, Robert F. Kennedy Jr., the Secretary of Health and Human Services (HHS), dismissed all 17 members of the CDC’s Advisory Committee on Immunization Practices (ACIP). Secretary Kennedy claimed the move was necessary to eliminate “conflicts of interest” and restore public trust in vaccines, which he argued had been compromised by the influence of pharmaceutical companies. However, this decision strays from precedent and has drawn significant criticism from medical experts and public health officials across the country. Some argue that this shake-up undermines scientific independence and opens the door to politicized decision-making in vaccine policy.

Background: What Is ACIP?

The Advisory Committee on Immunization Practices (ACIP) is a federal advisory group that helps guide national vaccine policy. Established in 1964, it has over 60 years of credibility as an evidence-based body of medical and scientific experts. ACIP makes official recommendations on vaccine schedules for both children and adults, determining which immunizations are required for school entry, covered by health insurance, and prioritized in public health programs. The committee is composed of specialists in immunology, epidemiology, pediatrics, infectious disease, and public health, all of whom are vetted for scientific rigor and ethical standards. ACIP’s guidance holds national weight, shaping both public perception of vaccines and the policies of institutions like schools, hospitals, and insurers.

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