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The Fulcrum Digest: Voting Access Proposals Are Sweeping the Nation


There has been a surge in legislation to ease access to the polls during the early days of state legislative sessions across the country.

The New York University School of Law's Brennan Center counts at least 230 bills that have been filed or pre-filed at state capitals since the midterm election – with bipartisan efforts to place automatic voter registration, vote-by-mail, same-day registration or the restoration of voting rights for convicted felons on the legislative agendas in 31 states.

Hawaii Moves Toward Always Voting by Mail

Legislators in Hawaii this week began debating a range of election measures including a proposal to make the archipelago the fourth state in the nation that conducts all voting by mail.

Mail ballots are now an option and have outnumbered those cast at traditional polling places since 2014. A bill starting to move in the legislature would shift Hawaii to an exclusively mail-in system in 2022. Previous have been passed by the state Senate but ignored in the state House. However, Democratic majority leaders in both chambers say they are supportive of the reform this session, Honolulu Civic Beat reports.

Ranked-Choice Voting Gets Next Test in D.C. Suburbs

One of the hottest concepts in the world of election modernization is "ranked-choice voting" – where rather than selecting one candidate per contest, voters list candidates for each office in order of preference. Whenever no one secures majority support in the first round, an automated runoff among top finishers kicks in.

It's hailed by supporters as a means of giving more power to voters, enhancing the prospects of outsider candidates, boosting civility in campaigns and producing more consensus-minded lawmakers. Detractors see the system as confusing and in someway disenfranchising.


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Person holding "Vote" sign.

Person holding "Vote" sign.

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Latino Voters Shift Ahead of Midterm Elections

Two years after providing historic levels of support that helped propel Donald Trump back to the White House, Latino voters are shifting rapidly away from the Republican Party. The realignment is driven by a potent combination of persistent economic anxieties and a sharp backlash against the administration’s aggressive domestic immigration crackdowns. A landmark national poll conducted by NBC News and Telemundo reveals that the President’s approval rating among registered Latino voters has plummeted to just 27%, signaling deep political turbulence for the GOP on the eve of critical midterm elections.

When asked by reporters outside the White House about the plunging numbers, President Trump angrily dismissed the data, labeling the findings as “fake news.”

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Person placing ballot in voting box

Person placing ballot in voting box

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Who Gave the Federal Government the Right to Decide Who Can Vote?

The Trump administration is pressing to remove noncitizens from voter rolls across the country. Yet an important question seems to be missing from the debate: Where, exactly, does the federal government get the authority to impose a citizenship requirement on federal elections? The Constitution does not make citizenship a universal qualification for voting. Instead, Article I, Section 2, Clause 1 states: “The Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” At the same time, Article I, Section 4, Clause 1 explicitly grants Congress authority over the conduct of federal elections: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” In Arizona v. Inter Tribal Council of Arizona, Inc. (2013), the U.S. Supreme Court distinguished Congress’s power to regulate how federal elections are conducted from the states’ authority to determine voter qualifications, explaining that Congress may regulate the “Times, Places and Manner” of elections, “but not who may vote in them.” For much of American history, noncitizens voted in elections in at least 22 states and territories, and some historical research suggests the number may have been as high as 40. Today, certain noncitizens are still permitted to vote in local elections in California, Maryland, Vermont and the District of Columbia. If the Constitution leaves voter qualifications to the states, what gives the federal government the authority to demand otherwise?

A Long History of State Decisions

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Two young people hold signs on education matters

Two young people hold signs on education matters

Oakland District Teenagers Are Going to the Poll for the Second Time This Nov. 3

Rosanna Custodio was about just 10 years old the first time her teachers walked off the job.

That was 2019, when Oakland teachers went on strike for seven days over low pay, class sizes, and support staff. They walked out again in 2022 over school closures, and again in 2023 over pay and school safety. Rosanna, now 17 and a student at Oakland High School, has kept count of how many times educators have walked out.

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