Kara Sears
Voting laws in the United States are a complex interplay of federal and state legislation. While federal laws provide a framework for elections, individual states have the power to enact their own voting laws, which can vary significantly from state to state. This has resulted in a diverse landscape of voting regulations, with some states passing laws that expand voting access, while others introduce restrictions. Federal laws, such as the Unfunded Mandates Reform Act of 1995, impose financial requirements on state governments, while the 25th Amendment outlines the process for confirming the President's nomination for Vice President. State legislatures, driven by election promises or responding to issues like voter fraud, actively propose and enact voting laws, as seen in the recent surge of voting-related laws in 2023. These laws can impact voting procedures, eligibility, and accessibility for specific groups, such as married women or individuals with disabilities, highlighting the dynamic nature of voting laws across the country.
| Characteristics | Values |
|---|---|
| Number of expansive laws enacted by states in 2024 | 32 |
| Number of states that enacted these laws | 21 |
| Number of expansive voting bills considered in 44 states and Washington, DC | 648 |
| Number of expansive laws enacted by states and Washington, DC since January 2021 | 172 |
| Number of Representatives in the House | 435 |
| Number of Representatives per state | 1 |
| Maximum population variance from mathematical equality | 3.1% |
| Number of Representatives per 30,000 people | 1 |
| Number of Americans without a passport | 69 million |
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What You'll Learn
Voting laws that restrict or expand access
Voting laws vary across different states in the US, with some laws restricting access to voting and others expanding it. Here is an overview of some voting laws that restrict or expand access:
Restrictive Voting Laws
Some states have passed restrictive voting laws that limit access to voting for certain groups, particularly communities of colour. For example, Arizona has the highest number of restrictive voting laws passed in any state, with eight laws that have been deemed racially discriminatory. These laws often fall hardest on voters of colour, with the gap in turnout rates between white voters and voters of colour widening in recent years.
Another common voting restriction is limiting or disallowing early in-person voting. While most states offer some form of early voting, several states provide less than a week to vote early, and Mississippi, Alabama, and New Hampshire do not offer it at all. This can disproportionately affect voters who cannot take time off work on Election Day or those with childcare or other commitments.
Additionally, some states have restricted access to ballot drop boxes, which allow voters to return absentee ballots directly instead of bringing them to a polling place or using the postal service. This restriction has been criticised as placing a substantial burden on the right to vote, particularly for historically disenfranchised communities.
Furthermore, certain states have passed restrictive voter ID laws, requiring voters to provide identification when voting in person. While most states require some form of identification, the specific requirements vary by state.
Expansive Voting Laws
In contrast, some states have enacted expansive voting laws that expand access to voting. For example, New Jersey, New Mexico, New York, and Utah have expanded voting access more than they have restricted it in the past ten years.
Overall, the number of expansive laws has outpaced restrictive laws, with at least 21 states enacting 32 expansive laws as of 2024. These laws have made it easier for eligible Americans to register, stay on the voter rolls, or cast their votes.
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Voter suppression bills
In the United States, voter suppression refers to any legal or extralegal measure whose purpose or effect is to reduce voting or registering to vote by members of a targeted racial group, political party, or religious community. The majority of victims of voter suppression have historically been African Americans.
In Texas, two bills have been signed into law that reshape the power structure within Harris County, the state's largest county. Senate Bill 1750 abolishes the election administrator position in the county, and Senate Bill 1933 gives the secretary of state the power to take over elections for the county. Harris County has indicated its intention to sue over these targeted laws.
In response to the introduction of voter suppression bills, Democratic leaders and other critics have asserted that these bills enable the legislature to take effective control of local decision-making on matters such as polling station locations and closures, challenges to voters' eligibility, and the certification of election results. Increased fines and jail sentences for voting-related offenses have also been criticised for suppressing and confusing voters.
While some states have enacted restrictive laws, others have introduced expansive laws that make it easier for eligible voters to cast their ballots. Between January 1 and September 27, 2021, at least 25 states enacted 62 laws with provisions that expand voting access.
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Voter registration laws
One of the critical aspects of the NVRA is its emphasis on maintaining accurate and current voter registration lists. States are mandated to implement procedures to ensure that voter registration information remains up-to-date. The Act also outlines the content of the national mail voter registration application, specifying the information required to assess an applicant's eligibility. This includes identifying information, such as the applicant's signature, and statements regarding citizenship and eligibility requirements. Applicants providing specified identification documents with their registration application are exempt from showing identification when voting in a federal election for the first time.
In addition to the NVRA, individual states have their own voter registration rules. For example, in Michigan, the same address must be used for voter registration and driver's license purposes. This means that if an individual's address on their voter registration form differs from their driver's license, the state will automatically update their driver's license address to match their voter registration address. Other states, like Ohio, require individuals to be residents for a minimum of 30 days before the election in which they intend to vote.
It is important to note that voter registration requirements can vary across states, and it is the responsibility of eligible voters to ensure they meet the specific criteria for their state. Some states may require additional documentation or have specific age and competency requirements. Voters are encouraged to familiarize themselves with their state's voter registration laws to ensure they are eligible and that their registration is up-to-date.
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![California Elections Code [2025 Edition]](https://m.media-amazon.com/images/I/51mYusgKCkL._AC_UY218_.jpg)
State and federal voting rights
Voting rights in the United States are protected by federal law and individual state laws. While federal law establishes certain standards and protections for voters across the country, individual states also have the power to pass laws that specifically govern voting within their state.
At the federal level, the right to vote is guaranteed by the Constitution and various federal statutes. For example, the 25th Amendment to the Constitution outlines the process for confirming the President's nomination for Vice President and for impeachment. Additionally, the First Amendment to the Constitution guarantees the right to petition, allowing citizens to transmit their proposals and ideas for legislation to their elected representatives. Federal laws, such as the Unfunded Mandates Reform Act of 1995, also establish requirements and guidelines for state and local governments.
State legislatures play a crucial role in enacting and enforcing voting laws within their respective states. For instance, in 2023, state legislatures passed an unprecedented number of voting-related laws, and this trend is expected to continue in 2024. These laws can vary significantly from state to state and may include measures that restrict or expand voting access, improve election security, or address specific concerns such as voter fraud.
One example of a state-level voting law is the SAVE Act (Safeguard American Voter Eligibility Act), which has sparked debate over its potential impact on married women's voting rights, particularly those who have changed their last names. The SAVE Act seeks to reform voter registration by requiring proof of U.S. citizenship, such as a birth certificate or passport, which has raised concerns about possible disenfranchisement.
To ensure the protection of voting rights, both federal and state laws work together. Federal law strengthens voting rights by prohibiting discrimination based on race or ethnicity and protecting language minority groups. Similarly, state laws, such as those in Pennsylvania, mandate accessible voting systems for individuals with disabilities and those using alternative languages. These laws also address issues like voter fraud, election crimes, and voter accessibility.
In summary, voting rights in the United States are shaped by a combination of federal laws, which establish broad standards and protections, and state laws, which can vary and address specific concerns within each state. The interplay between these two levels of legislation ensures that the rights of voters are upheld and that elections are conducted fairly and securely.
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Voting laws for people with felony convictions
The laws regarding voting rights for people with felony convictions vary across different states and territories in the US. While some states may have laws that restrict the voting rights of individuals with felony convictions, there are also states that have enacted laws to protect and restore the voting rights of this group.
In some states, such as Florida, South Dakota, and Washington, the voting rights of individuals with felony convictions may be reinstated automatically once they have completed their sentences, including any probation or parole requirements. However, in other states like Iowa and Florida, there have been instances where automatic voting restoration for individuals with felony convictions was rescinded, requiring them to take additional steps to regain their voting rights.
It's important to note that the restoration of voting rights can be a complex process and may depend on multiple factors. These factors include the specific details of the conviction, the completion of sentences, and, in some cases, the payment of fines and fees. For example, in Florida, a federal judge ruled that individuals who have completed their felony sentences cannot be barred from voting solely based on outstanding court fees. On the other hand, the Florida Supreme Court also ruled that individuals must pay fines and fees before regaining their voting rights.
To understand their specific state's laws and eligibility to vote, individuals with felony convictions can refer to resources such as the Department of Justice's (DOJ) Guide to State Voting Rules After a Criminal Conviction. This guide provides comprehensive information on voting rights, taking into account factors like probation, parole, and specific crimes committed. Consulting with a lawyer or a local advocacy group that works with formerly incarcerated individuals can also help provide clarity on an individual's voting rights and the necessary steps to take.
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Frequently asked questions
The SAVE Act, or the Safeguard American Voter Eligibility Act, is a bill that could make it harder for married women to vote, especially those who have changed their last names.
The SAVE Act requires people to prove their US citizenship before registering to vote. Acceptable documents include a birth certificate, US passport, naturalization paperwork, and certain versions of Real ID. However, for the 69 million American women who have taken their spouse's name, their birth certificates no longer match their current names.
States can help married women vote by accepting secondary documents like a legal decree of a name change or a marriage certificate.
Under federal and Pennsylvania law, each polling place must have a voting system that is accessible to voters with disabilities. Federal law also requires counties to provide election services and information in another language when the population of voting-age people who speak that language reaches a certain size.
In 2023, state legislatures enacted a high number of voting-related laws, and this trend is expected to continue in 2024. These laws have made it harder to vote and created new voting restrictions for voters in the upcoming general election.
