Cecily Zamora
In the years since the 2020 election, many states have attempted to restrict voting access, with at least 30 states enacting 79 restrictive laws. Limiting absentee voting has been the most prevalent tactic, while several states have also enacted laws that permit partisan interference in elections. However, others have expanded access, with at least 42 states enacting 172 expansive laws since January 2021. The ability of states to change voting laws is a highly contested issue, with the US Supreme Court effectively gutting the landmark 1965 Voting Rights Act, which required states with a history of suppressing voting rights to submit changes in their election laws for review.
| Characteristics | Values |
|---|---|
| Restrictive laws | Harder for eligible Americans to cast their ballots |
| Election interference laws | Allow partisan interference in elections; threaten election workers and processes |
| Expansive laws | Outpace restrictive laws; expand access to voting |
| Voting-related laws | Unprecedented number enacted in 2023 |
| Voting access | Limited by reducing polling places, harsher voter ID requirements, and restrictions on assistance |
| Voter suppression | Improper voter purges, barriers to registration, and discriminatory practices |
| Pro-voter policies | Automatic voter registration, elimination of ex-offender disenfranchisement laws, preregistration, online registration, early voting |
| Federal election laws | Campaign contribution limits, accessibility rules, protection of voting rights |
| Voting Rights Act | Required preclearance for changes in election laws in states with a history of suppressing voting rights |
| National Voter Registration Act | Required states to allow voter registration during driver's license application, by mail, and at public assistance offices |
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What You'll Learn
Restrictive laws
Restrictive voting laws are those that make it harder for eligible Americans to cast their ballots. Since the 2020 presidential election, at least 30 states have enacted 79 restrictive laws. In 2024, at least 10 states enacted 19 restrictive laws, with 317 restrictive bills considered in 40 states.
One of the most common tactics used by states to restrict voting access is limiting absentee or mail voting. For example, Florida has imposed stricter ID requirements for mail ballots, reduced access to drop boxes, and introduced more burdensome requirements to stay on the mail voting list. Similarly, Texas's Senate Bill 1 makes it harder for voters to get assistance with mail ballots, imposes harsher voter ID requirements, and limits early voting opportunities. Arizona has also enacted new voting laws, many of them focusing on election interference and restricting voting.
Other ways states restrict voting access include increasing barriers for voters with disabilities, reducing polling place availability, and making it a crime for election workers to encourage voters to request mail ballots. Some states have also introduced laws that permit partisan interference in elections or threaten the election process, undermining voters' faith in the security of elections.
Restrictive voting laws can disenfranchise voters and create obstacles to voting, particularly for marginalized communities. They can also distract election workers from doing their jobs effectively.
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Election interference
Some states have also enacted laws that permit partisan interference in elections or threaten the people and processes that make elections work. For instance, Arizona has enacted over a dozen new voting laws, many of them focusing on election interference and restricting voting. Similarly, Texas's Senate Bill 1 makes it harder for voters to get assistance with mail ballots, imposes harsher voter ID requirements, increases barriers for voters with disabilities, reduces polling place availability, and limits early voting opportunities. It even makes it a crime for election workers to encourage voters to request a mail ballot.
Foreign interference in elections is also a significant concern. The Russian state and government, for instance, interfered in the 2024 United States elections through disinformation and propaganda campaigns aimed at damaging Joe Biden and boosting the candidacy of Donald Trump. Iran has also interfered in US elections, attempting to tip the election against Trump, believed to be in response to Trump's withdrawal from the 2015 nuclear deal. China has also interfered in the 2024 elections through propaganda and disinformation campaigns, primarily linked to its Spamouflage influence operation.
Historically, the first electoral interference controversy in the United States occurred during the administration of George Washington when French ambassador Pierre-Auguste Adet attempted to bribe US senators to prevent the ratification of the Jay Treaty with Britain. Since then, the United States has also undertaken numerous election interference campaigns abroad, especially during the Cold War.
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Voter ID requirements
The specific voter ID requirements vary from state to state. Some commonly accepted forms of photo ID include a driver's license, state ID, or passport. Other forms of identification, such as a birth certificate or Social Security card, may also be accepted, depending on the state. It's important for voters to be aware of the specific ID requirements in their state before heading to the polls, as presenting the wrong ID can lead to casting a provisional ballot.
Provisional ballots are used when there is a question about a voter's eligibility. Voters must return with an acceptable form of ID within a few days for their ballot to count. Even with the correct ID, a provisional ballot may still be necessary if there are discrepancies between the name or address on the ID and the voter registration details. For example, a name change due to marriage or a change of address can result in casting a provisional ballot if the voter's ID is not updated accordingly.
Some states have stricter ID requirements for mail voting. For instance, Florida has imposed stricter ID requirements for voters requesting mail ballots, in addition to reducing access to drop boxes and limiting who can assist voters. Texas has also implemented similar restrictions, making it harder for voters to obtain assistance with mail-in ballots. These changes have been criticized for creating additional barriers for voters, particularly those with disabilities or those who rely on mail-in voting.
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Absentee voting
In 2019, Pennsylvania enacted no-excuse mail voting, allowing voters to cast their ballots by mail without providing a reason for their absence. However, this was met with legal challenges from Republican officials, who ultimately lost their case before the Pennsylvania Supreme Court.
On the other hand, Florida has made it more difficult for voters to access mail ballots. A 2021 law imposes stricter ID requirements for mail ballots, reduces access to drop boxes, and limits who can assist voters. These constraints on mail voting remain in effect despite extensive litigation.
Texas has also made it harder for voters to obtain assistance with mail ballots through Senate Bill 1, which also imposes harsher voter ID requirements, increases barriers for voters with disabilities, and limits early voting opportunities. Additionally, the law prohibits election workers from encouraging voters to request mail ballots.
Arizona has enacted a similar set of laws, with at least four new restrictive measures in place for the 2024 election that were not in effect in 2020. These laws primarily focus on election interference and restricting voting access.
While some states have enacted restrictive absentee voting laws, it's important to note that pro-voter legislators in other states are seeking to expand access. In 2024, at least 21 states enacted 32 expansive laws, and overall, at least 42 states have enacted 172 expansive laws since January 2021.
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Voter registration
One critical aspect of voter registration is the eligibility of voters. States have the responsibility to ensure that only eligible persons are registered to vote. They must establish and maintain a uniform, nondiscriminatory voter registration list that complies with the Voting Rights Act. This includes removing ineligible persons due to reasons such as death, change of residence outside the jurisdiction, or criminal conviction. Additionally, states must provide a reasonable opportunity for eligible voters to update their registration information, especially if they have changed their address within the same jurisdiction.
To facilitate voter registration, most states allow voters to sign up online. Some states, like California, have automated the process by updating voter registrations whenever individuals interact with the state Department of Motor Vehicles, unless they opt out. However, other states may require additional steps, such as providing proof of residence or citizenship. For example, Arizona requires citizens to provide proof of citizenship to vote in state and local elections, which has been a subject of litigation.
Voter ID requirements are also a significant component of voter registration. While each state sets its own voter ID rules, most require voters to present identification when voting in person. This can include a government-issued ID, such as a driver's license or other acceptable forms of identification. The stated purpose of these requirements is to prevent voter fraud, although instances of such fraud are rare.
Finally, it is important to note that voter registration laws can vary across states and are subject to change. For instance, in 2018, Florida voters amended the state constitution to restore voting rights to individuals who had completed their sentences for felony convictions. However, this was later amended by the GOP-controlled Legislature to include the condition that all fines and court costs must also be paid. Therefore, staying informed about the specific voter registration laws and requirements in one's state is essential.
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Frequently asked questions
States can change voting laws by enacting new legislation. For example, in 2019, the state of Pennsylvania enacted no-excuse mail voting.
Several states have changed their voting laws since the 2020 election. For instance, Arizona has enacted over a dozen new voting laws, many of which focus on election interference and restricting voting. Florida has also made it harder to access the ballot box and increased the risk of state-sanctioned voter intimidation.
States have restricted voting access by limiting absentee and mail voting, imposing stricter voter ID requirements, reducing polling places, and making it harder for voters with disabilities to cast their ballots.
States have expanded voting access by implementing early voting, online registration, and preregistration for youth. Florida, for example, lifted the permanent ban on voting for people with felony criminal records.
Changing voting laws can impact voter participation and access to the ballot box. Restrictive laws can make it harder for eligible Americans to cast their ballots, while expansive laws can increase voter turnout and make it easier for people to vote.
