Voting Law Amendments: State Powers Examined

Since the 2020 election, US states have been rewriting the rules that govern elections and democracy. Lawmakers have enacted a greater number of voting laws, both restrictive and expansive, in 2023 and 2024 than in any year in the past decade except 2021. Some states have made voting laws more restrictive, while others have made them more expansive. For example, in 2024, at least 10 states enacted 19 restrictive laws, while at least 21 states enacted 32 expansive laws. Restrictive laws make it harder for eligible Americans to cast their ballots, while expansive laws expand access to the vote.

Restrictive vs. expansive voting laws

In the United States, state legislatures have the power to enact laws that change voting regulations. These laws can be restrictive or expansive in nature. Restrictive voting laws make it harder for eligible Americans to register, stay on the rolls, and/or cast their ballots. On the other hand, expansive voting laws aim to expand access to voting by making it easier for eligible citizens to register, maintain their registration status, and vote.

Since the 2020 presidential election, there has been a wave of restrictive voting laws enacted across the country. In 2024 alone, at least 10 states enacted 19 restrictive laws, and overall, at least 30 states have enacted 79 restrictive laws since 2020. These laws often include new identification requirements, restrictions on early and mail-in voting, and changes to how ballots are counted and rejected. For instance, in Arizona, Georgia, and North Carolina, Republican lawmakers have worked to limit access to early and mail-in voting and introduced new ID requirements. Additionally, Indiana enacted a law that heightens the chances of naturalized citizens being wrongly removed from voter rolls.

However, it is important to note that some states have also passed expansive voting laws. In 2024, at least 21 states enacted 32 expansive laws, and since January 2021, at least 42 states have enacted 172 expansive laws. These laws focus on expanding early voting, making mail voting more accessible, and improving accessibility for voters with disabilities. For example, in Michigan, voters approved measures adding nine days of early voting. Additionally, Oklahoma passed a bill allowing individuals with certain felony convictions to register to vote, and New York and Washington restored voting rights to people with past convictions.

The passage of restrictive and expansive voting laws often follows partisan lines, with solidly red states tending to pass restrictive laws and solidly blue states tending to pass expansive laws. However, in swing states, the impact of these laws on election outcomes can be significant, and both types of laws have been enacted. For instance, while Michigan has passed restrictive laws, it has also cemented temporary pandemic-era measures that expanded mail-in and early voting.

The proliferation of restrictive and expansive voting laws has led to concerns about voter suppression and confusion among voters. Some states, like Indiana, have even adopted a mix of restrictive and expansive laws, such as limiting the availability of voter drop boxes while making it easier to vote by mail. Ultimately, the impact of these laws on election outcomes is complex and varies depending on the state and the specific laws enacted.

Election interference legislation

Since 2020, at least 15 states have passed 33 election interference laws, with at least 31 interference laws in 14 states set to be in effect for a presidential election for the first time. In 2024, at least 10 states enacted 19 restrictive laws, and overall, at least 317 restrictive bills were considered in 40 states. This means that voters in almost half the country will face new voting restrictions in the upcoming general election.

Some examples of election interference laws include Indiana's law that requires election officials to compare voter registration information with motor vehicle records to identify purported non-citizens. Another example is Oklahoma's law that allows people with certain felony convictions to register to vote, whereas previously, they would have had to serve out their full sentence.

On the other hand, pro-voter legislators are seeking to expand access to voting. In 2024, at least 21 states enacted 32 expansive laws, and overall, at least 648 expansive voting bills were considered in 44 states and Washington, D.C. Additionally, 39 states have introduced 79 bills to safeguard against AI-generated material in elections.

Disenfranchisement of voters

Restrictive legislation and election interference laws have been passed in several states, making it harder for eligible Americans to cast their ballots. Since the 2020 presidential election, at least 30 states have enacted 79 restrictive laws, and at least 60 election interference bills have been considered in 21 states. These laws can include new identification requirements, restrictions on early and mail-in voting, and complex protocols for mailing in ballots.

Felony disenfranchisement laws, which ban people with felony convictions from voting, have a disproportionate impact on Black and Brown communities due to racial bias in the criminal justice system. In 2022, 4.4 million Americans were banned from voting due to felony convictions, and across the country, 1 in 16 Black Americans cannot vote due to disenfranchisement laws. However, there have been efforts to restore voting rights to people with felony convictions, with 26 states and the District of Columbia expanding voting rights to this group, resulting in over 2 million Americans regaining the right to vote.

Voter intimidation, partisan electoral rulings, the rolling back of motor voter laws, and the scrubbing of voter rolls have also been used as methods of disenfranchisement. Additionally, the spread of disinformation through deepfakes and AI-generated content has become a growing concern, with state legislators taking steps to regulate its use in elections.

To address voter disenfranchisement, several steps have been proposed, including rolling back Supreme Court decisions that curtail the Voting Rights Act, standardizing voting rules and poll workers across states, ending felon disenfranchisement, and increasing federal oversight to guarantee election integrity.

Voter ID requirements

In recent years, there has been a push by some state legislatures to enact more restrictive voting laws, which can include adding new identification requirements. For example, Republican lawmakers in states like Arizona, Georgia, and North Carolina have worked to restrict access to early and mail-in voting while also adding new ID requirements. These changes can disproportionately affect certain groups, such as elderly voters, voters with disabilities, and those with limited transportation options.

On the other hand, some states have enacted expansive voting laws to improve access to the vote. For instance, Oklahoma passed a law in 2024 that allows individuals with felony convictions to register to vote once their sentence has been completed, commuted, pardoned, or downgraded to a misdemeanor. Additionally, some states have made efforts to address the potential impact of AI-generated content on elections, with at least 39 states introducing bills to safeguard against deepfakes and other deceptive practices.

The changing landscape of voter ID requirements and voting laws can cause confusion for voters and strain local election officials, especially when changes are made close to an election. It is essential for voters to be aware of their state's specific voter ID laws and requirements before heading to the polls.

Mail-in voting

Georgia, for instance, passed S.B. 202 in 2021, which introduced new voter ID requirements for absentee ballot applications and return envelopes. As a consequence, mail-in voting in the state decreased drastically, from 26% of all ballots cast in 2020 to just 5% in 2024. Similarly, Florida, a state known for its high rate of mail-in voting, witnessed a decline in absentee ballots following the enactment of S.B. 90, which mandated stricter ID requirements and reduced drop-off locations. In 2020, Florida had approximately 4.8 million mail ballots, but this number fell to around 3 million in 2024, a drop from 44% to 28%.

Texas also experienced a notable drop in mail-in voting after tightening their absentee voting laws under S.B. 1 in 2021. In 2020, nearly 1 million mail ballots were cast in Texas, but this number decreased to roughly 342,000 in 2024, a reduction from 9% to 3% of total votes. The state of Michigan, on the other hand, solidified the temporary pandemic-era measures that allowed for more mail-in and early voting, bucking the trend seen in other battleground states.

The changes in mail-in voting are part of a broader trend of legislative reforms that have reshaped ballot access and voting behaviour in recent years. While some states have enacted restrictive laws, making it more difficult to vote, others have expanded access. The full impact of these legislative changes is still being assessed, and lawmakers must carefully consider how these reforms may affect voter access, turnout, and confidence in the democratic process in future elections.

Frequently asked questions