Keith Mack
Voting laws in the United States have been a contentious issue, with states enacting various measures that either expand or restrict voting access. Since the 2020 election, there has been a wave of restrictive voting laws, with at least 30 states enacting 79 such laws. These laws often target mail voting, impose stricter ID requirements, and limit the use of drop boxes. On the other hand, some states have prioritized expanding voting access, and the number of new expansive laws continues to outpace restrictive ones. This dynamic landscape of state voting laws raises questions about the role of federal intervention, the impact on different voter groups, and the overall health of American democracy.
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What You'll Learn
Restrictive voting laws
Some states have also enacted laws that permit partisan interference in elections and threaten election officials and processes. For instance, Texas passed a restrictive voting bill that prohibits drive-thru and 24-hour voting and criminalizes election officials who send out unsolicited mail ballots. Arizona has enacted more than a dozen new voting laws, many of which focus on election interference. These laws often respond to false claims of widespread voter fraud and risk undermining voters' faith in the security of elections.
The passage of restrictive voting laws has not been uniform across the country. States with a history of making it harder to vote, such as Florida, Georgia, and Texas, have continued to pass restrictive legislation. In contrast, states like Michigan, Minnesota, Nevada, and New Mexico have enacted multiple expansive voting laws or omnibus pro-voter laws in recent years, broadening democratic participation. Overall, the number of new expansive laws enacted continues to outpace new restrictive ones, with nearly three new expansive laws for every restrictive law in 2023.
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Voting rights discrimination
Voting rights in the United States have a long and complex history, with various laws and amendments shaping the landscape of voting access and eligibility. While the Fifteenth, Nineteenth, and Twenty-sixth Amendments protect citizens' voting rights from being abridged based on race, colour, previous condition of servitude, sex, or age (with a minimum voting age of 18), states retain significant discretion in establishing voting requirements. This discretion has led to concerns about voting rights discrimination, particularly in the wake of the Supreme Court's 2013 decision in Shelby County v. Holder.
Shelby County v. Holder marked a pivotal moment in voting rights. The Supreme Court's ruling eviscerated a key component of the Voting Rights Act, removing the preclearance requirement for jurisdictions with histories of racial voting discrimination. Without this safeguard, states were free to implement discriminatory voting restrictions without federal oversight. This decision had significant repercussions, with many states enacting restrictive laws that disproportionately impacted voters of colour and made it more difficult for eligible Americans to cast their ballots.
In the years following Shelby County, numerous states passed restrictive voter ID laws, which have been shown to disproportionately affect voters of colour, individuals with disabilities, and low-income voters. Additionally, states such as Florida and Georgia have targeted mail voting, imposing stricter ID requirements, reducing access to drop boxes, and enacting other constraints. These changes have made it harder for citizens to exercise their right to vote, particularly those with travel obligations, health needs, transportation challenges, or job conflicts.
The impact of these restrictive laws has been widespread, with voters in almost half of the country facing new voting restrictions in recent elections. The Brennan Center for Justice reported that in 2024, at least 10 states enacted 19 restrictive laws, and since the 2020 presidential election, at least 30 states passed 79 restrictive laws. This surge in restrictive legislation has been outpaced by the expansion of voting access in many states, creating obstacles for voters and undermining faith in the security of elections.
To address these concerns, activists and legislators have advocated for comprehensive voting rights legislation, such as the John R. Lewis Voting Rights Advancement Act and the Freedom to Vote Act. These proposed laws aim to restore the Voting Rights Act's strength and establish nondiscriminatory baseline national standards for voting and elections. Additionally, some states have actively expanded voting access, with 42 states and Washington, D.C., enacting 172 expansive laws since January 2021.
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Voting access expansion
Since 2021, at least 42 states and Washington, DC, have enacted 172 expansive laws, with 648 expansive voting bills considered in total. This is a direct response to the wave of restrictive voting laws passed by numerous states since 2020, with 30 states enacting 79 restrictive laws during this period. Restrictive laws often target mail voting, impose stricter ID requirements, and limit access to drop boxes, ultimately making it harder for eligible Americans to cast their ballots.
In contrast, states that have prioritized expanding voting access have implemented measures to make voting more convenient and accessible. For example, some states have actively expanded mail voting options, recognizing the role that mail voting played in increasing voter turnout in 2020. This is particularly beneficial for voters with travel obligations, health needs, transportation challenges, or job conflicts, who may find it difficult to vote in person. Additionally, states like California and Indiana have lowered the voting age to 17, provided that the voter will turn 18 by the general election.
Furthermore, states can take steps to improve polling place accessibility, especially for individuals with disabilities. Studies have shown that people with disabilities are often more interested in government and public affairs and are eager to participate in the democratic process. However, physical barriers at polling places, such as a lack of ramps or elevators, can create obstacles for individuals with mobility issues. Improving accessibility at polling places and ensuring that all voters can independently cast their ballots, such as providing Braille ballots for individuals with visual impairments, is crucial for expanding voting access.
While the trend of restrictive voting laws is concerning, the expansion of voting access in many states offers a more inclusive and democratic path forward. By removing barriers to voting, more eligible citizens can have their voices heard and participate in shaping the future of their communities and the nation.
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Election interference laws
Election interference can take many forms, including electoral fraud, illegal interference with the election process, vote buying, voter impersonation, foreign electoral intervention, and illegal electioneering. Vote buying occurs when a political party or candidate distributes money to a voter, expecting their vote in return. Voter impersonation involves an eligible voter voting more than once or a non-eligible voter voting under the name of an eligible voter. Foreign electoral intervention refers to attempts by foreign governments to influence elections in another country. Illegal electioneering involves campaigning or wearing political apparel too close to a polling place, influencing voters and targeting specific candidates.
State legislatures have enacted a significant number of voting-related laws in recent years, with a focus on restricting voting access. For example, limiting absentee voting and enacting laws that allow partisan interference. These restrictive laws can make it harder for eligible Americans to cast their ballots and undermine their faith in the security of elections.
To counter election interference, federal and state governments have implemented various measures. These include campaign contribution limits, accessibility rules, and federal election laws that protect voting rights. Additionally, media outlets that run political campaign ads referring to "clearly identified candidates" are subject to campaign disclosure laws. This ensures that information about the ad's sponsors is available to the public, holding them accountable for their content.
It is important to note that election interference laws vary across states, and it is recommended that voters familiarize themselves with their specific state's regulations to understand their rights and protections fully.
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Voter ID laws
Voter ID requirements vary across states. Some states mandate a photo ID, such as a driver's license, state ID, or passport. Alternatively, other forms of identification like birth certificates or Social Security cards may be accepted. Even without the required ID, some states allow individuals to cast a provisional ballot. This separate ballot is held until the voter's eligibility is verified, often by presenting an acceptable ID within a specified timeframe.
In recent years, several states have implemented restrictive voting laws, with at least 30 states enacting 79 restrictive laws since the 2020 presidential election. Notably, Florida and Georgia have introduced laws that hinder ballot access and impose stricter ID requirements, particularly for mail voting. These laws have raised concerns about voter intimidation and the potential disenfranchisement of voters.
While some states have prioritized expanding voting access, the overall trend of restrictive legislation has introduced obstacles for eligible Americans to exercise their right to vote. These restrictions include limiting absentee voting, reducing access to drop boxes, and making it more challenging to navigate the voting process. As a result, voters in many states will encounter new voting restrictions and procedural changes during elections.
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Frequently asked questions
Restrictive voting laws are laws that make it harder for eligible Americans to cast their ballots. These laws often target mail voting access and can include stricter ID requirements, limited access to drop boxes, and new limits on who can assist voters. Restrictive laws can also disproportionately impact voters of colour, voters with disabilities, and low-income voters.
Restrictive voting laws have been on the rise in recent years. Since 2020, at least 30 states have enacted 79 restrictive laws, and in 2024 alone, at least 10 states enacted 19 restrictive laws. Overall, at least 317 restrictive bills have been considered in 40 states.
Yes, states have considerable discretion to establish qualifications for suffrage and candidacy within their respective jurisdictions. States can also establish their own election systems, such as at-large or single-member district elections for county councils or school boards. However, the U.S. Constitution prohibits states from enacting laws that restrict voting rights based on race, colour, previous condition of servitude, sex, or age (under 18).
