Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The state of voting: July 18, 2022

State of voting - election law changes
The state of voting: July 11, 2022
The state of voting: July 11, 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 2,185 bills so far this session, with 579 bills that tighten the rules governing voter access or election administration and 1,041 bills that expand the rules.

Both New Hampshire and Pennsylvania created new avenues to criminalize the actions of election officials last week, and newly filed Wisconsin litigation seeks to force election officials to reject mail ballots cast by eligible voters due to minor omissions by a voter’s witness.

Meanwhile, in North Carolina a federal court decision gave voters with disabilities more flexibility in finding assistance, and the governor signed a budget bill that will fund the state’s membership in ERIC, a database that helps states maintain accurate voter lists. Also, California lawmakers sent a bill to the governor that would provide better transparency around signature verification.

Here are the details:


A federal judge blocked a North Carolina law that restricted assistance for voters with disabilities, and the governor signed a budget bill that includes funding for North Carolina to join ERIC for one year. A federal judge found that a state law violated the Voting Rights Act because it prohibited people living in facilities such as nursing homes, hospitals and clinics from relying on employees of those facilities for help in applying for, completing and returning mail ballots. The law only allowed voters to receive assistance from a close relative or legal guardian; following the court’s permanent injunction, North Carolina voters with disabilities will be able to receive assistance from anyone they choose.

Meanwhile, Gov. Roy Cooper signed H.B. 103, which provides funding for North Carolina to join the Electronic Registration Information Center, which houses a database used by 31 other states and Washington, D.C., to maintain accurate voter lists. While the budget bill provides funding for North Carolina to join ERIC, it only funds the state’s membership for one year rather than annually. The bill also requires that the State Board of Elections seek the legislature’s approval prior to making any changes to election policies or procedures if required for ERIC membership, which may limit the board’s ability to use the database.

New Hampshire enacts laws criminalizing election officials for good-faith conduct. Gov. Chris Sununu signed H.B. 1567, legislation that removes the attorney general’s discretion when it comes to election law – and instead requires the office to investigate all alleged misconduct by election officials. When applied in conjunction with another bill enacted during the 2022 legislative session ( S.B. 418) this could result in the prosecution of election officials for good-faith execution of their responsibilities. S.B. 418 further creates a potentially unworkable administrative timeline that may cause election officials to miss deadlines for mailing out ballots to active military voters in 2024.

Pennsylvania creates new criminal penalties for election officials and prohibits private funding of elections – but also provides new public funding. Last Monday, Gov. Tom Wolf signed a law that prohibits private funding of elections and enforces the prohibition with new criminal penalties for election officials who violate it. Notably, however, the new law allows the private donation of voting locations and volunteer services to continue. It also creates a grant program to provide public funding if counties commit to following certain election procedures, such as early processing of mail ballots.

New Wisconsin litigation seeks to reject mail ballots cast by eligible voters due to minor omissions by a voter’s witness. A new lawsuit seeks to force election officials to reject the ballots of eligible Wisconsin voters over minor omissions, such as a missing ZIP code for their witness. Wisconsin is one of a small number of states that requires voters to fill out their mail ballots in front of a witness. After the voter puts the ballot in the certificate envelope and signs and seals it, the witness must also sign and put their address on the certificate envelope. In accordance with guidance issued by the Wisconsin Election Commission in 2016, election officials may fill in missing witness address information in certain circumstances. If this litigation is successful, they will be prohibited from doing so in future elections, and will instead be required to reject mail ballots that are missing any witness address information. This new litigation comes on the heels of a Wisconsin Supreme Court decision issued last week that overruled previous WEC guidance and prohibited drop boxes.

California sends a bill to the governor that provides greater transparency to the signature verification process. The California Legislature sent A.B. 1619 to the governor’s desk, a bill that would ensure voters are informed when they register to vote that the signature they provide during the registration process will be used to validate the signature on their mail ballot.

Read More

THE POLITICS OF EXCLUSION: When Abuse of Power Pushes Communities Out of the American Story

An opinion essay traces America's cycle of welcoming immigrants and communities of color for labor, then excluding them once they gain power.

Westend61/Getty Images

THE POLITICS OF EXCLUSION: When Abuse of Power Pushes Communities Out of the American Story

The politics of exclusion is the deliberate use of power to push certain communities out of the American story through fear, cruelty, erasure, and unequal treatment. It is what happens when leaders abandon constitutional ideals and replace them with grievance, retaliation, and division.

The late John McCain warned that we weaken our greatness when we confuse patriotism with tribalism. Liz Cheney cautioned that no one should support a leader who uses fear and division to hold onto power. Adam Kinzinger called it authoritarianism. Mitt Romney said plainly, “He has caused fear and division.” Alexandria Ocasio-Cortez observed that “the cruelty is the point,” and the late John Lewis reminded us that “democracy is not a state; it is an act.” Together, these voices describe the elephant in the room. America is confronting a pattern bigger than corruption and bigger than authoritarian drift. It is the social, racial, and moral dimension of democratic erosion — lying, cheating, cruelty, intimidation, erasure, and exclusion masquerading as patriotism.

Keep ReadingShow less
Senators Criticize Trump Administration’s Demands to Access Health Data as a Condition for Lifesaving Aid
Roberto “Bear” Guerra/ProPublica. Source image: Getty Images

Senators Criticize Trump Administration’s Demands to Access Health Data as a Condition for Lifesaving Aid

What Happened: Citing reporting by ProPublica, eight Democratic U.S. senators have criticized the Trump administration’s demands to access the health data of millions of people as a condition of giving lifesaving aid to other countries. In a letter to Secretary of State Marco Rubio, the senators, including minority leader Chuck Schumer, said the U.S. demands were “unprecedented and at odds with U.S. policy concerning the data of American citizens.”

The inquiry into the administration’s approach to foreign health data referred to a ProPublica story published in June about agreements the U.S. struck with African countries — and the risks they posed to people there. Experts told ProPublica that the deals are vague and lack language used in most data-sharing agreements to adequately limit what information is collected and how it can be used. As a result, they said, there is an increased risk that individuals’ personal data could be exposed, misused or commercialized without their consent.

Keep ReadingShow less
Illustration of US Capitol

Illustration of US Capitol

Illustration provided

Are States and Localities Required to Cooperate with ICE?

Polls show a majority of Americans disapprove of how Immigration and Customs Enforcement (ICE) is doing its job, with outrage stoked by a surge in immigration arrests across the country and multiple killings by federal immigration officials. In many places, residents are against their state and local officials cooperating with immigration authorities. And many local law enforcement leaders argue that cooperating with federal immigration enforcement operations undermines public safety by taking resources away from local priorities and eroding communities’ trust in law enforcement.

Trump administration officials have repeatedly argued that states and localities are legally obligated to cooperate with federal immigration enforcement efforts. They have also warned that state and local laws limiting cooperation with ICE will be met with harsh crackdowns.

Keep ReadingShow less
A hand casting a vote in a ballot box for an election

A hand casting a vote in a ballot box for an election in the Kentucky, USA

Getty Images

Kentucky’s Independent Voters Are Growing. Why Are They Still Shut Out?

Kentucky’s political establishment has just been handed a number it should not be able to ignore.

In July, more Kentucky voters registered as independent or “other” than registered as Republicans and Democrats combined. More than 8,500 Kentuckians registered to vote, and the “other” category grew by 2,530 voters, compared with 2,483 new Republicans and a decline of 32 Democrats.

Keep ReadingShow less