Gavin Howe
Voting is a fundamental part of democracy, and voters have a crucial role in shaping the laws that govern them. In the United States, the legislative process is complex and involves the House of Representatives and the Senate, with the power to make laws vested in Congress. While the majority of laws originate in the House of Representatives, the Senate plays a crucial role in confirming nominations and trying impeachments. Over the years, voters have faced numerous obstacles to voting, with restrictive laws and legislation interference threatening to disenfranchise voters. However, pro-voter legislators are working to expand access, and in recent years, the number of expansive laws has outpaced restrictive ones. As voters continue to face new challenges, it remains to be seen how they can effectively exercise their influence over the laws that affect their lives.
| Characteristics | Values |
|---|---|
| Number of states that passed election interference laws since 2020 | 15 |
| Number of interference laws in 14 states that will be in effect for a presidential election | 31 |
| Number of states that enacted restrictive laws in 2024 | 10 |
| Number of restrictive bills considered in 40 states | 317 |
| Number of states that enacted restrictive laws since the 2020 presidential election | 30 |
| Number of restrictive laws enacted since the 2020 presidential election | 79 |
| Number of states that enacted expansive laws in 2024 | 21 |
| Number of expansive laws considered in 44 states and Washington, DC | 648 |
| Number of states that enacted expansive laws since January 2021 | 42 |
| Number of states plus Washington, DC, that enacted expansive laws since January 2021 | 43 |
| Number of states that enacted restrictive voting laws between January 1, 2024, and September 16, 2024 | 9 |
| Number of restrictive voting laws enacted since September 2024 | 78 |
| Number of restrictive laws enacted since the Shelby County v. Holder decision in 2013 | 114 |
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What You'll Learn
Voting in the House of Representatives
Voting is a fundamental aspect of democracy, and voters play a crucial role in shaping laws and policies. In the United States, the House of Representatives is a key component of the legislative branch, and the voting process for this body is governed by specific rules and guidelines.
The House of Representatives is a body of elected officials who represent the people of their respective states. The voting process for selecting these representatives is outlined in the Constitution, which grants states the authority to determine the qualifications for voters in House elections. This is known as the Voter Qualifications Clause, and it applies specifically to elections for the House of Representatives.
While states have the primary authority to set voter qualifications, there are constitutional limitations in place to ensure fairness and equality. The Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments restrict states from setting qualifications based on race, sex, payment of poll taxes, and age. These amendments ensure that voting rights are protected for all eligible citizens.
In recent years, there has been a trend of states enacting restrictive voting laws, which can make it more difficult for eligible Americans to cast their ballots. On the other hand, pro-voter legislators have also made significant efforts to expand access to voting. As of 2024, at least 21 states have enacted 32 expansive laws, and at least 648 expansive voting bills have been considered in 44 states and Washington, D.C.
It is important for voters to be aware of their rights and the laws that govern their ability to participate in elections. By staying informed and engaged, voters can actively contribute to shaping the laws that affect their communities and the country as a whole.
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Election interference laws
Federal laws in the United States, including 18 U.S.C. 1015 and 611, prohibit foreign nationals from registering to vote or voting in federal elections. However, states have failed to adequately vet voters' citizenship, and the previous administration actively prevented states from removing non-citizens from voter lists. Additionally, federal laws like the National Voter Registration Act and the Help America Vote Act require states to maintain accurate and current lists of legally registered voters.
To preserve the integrity of American elections, the White House has emphasised the need for election-integrity standards and voter-verifiable paper records to prevent fraud or mistakes. Voting methods must produce transparent and trustworthy results, ensuring that elections are honest and worthy of the public's trust.
To protect voters' rights, Title 52 of the United States Code outlines prohibited acts related to voting and elections. It is illegal to intimidate, threaten, or coerce anyone to interfere with their right to vote or influence their vote. Providing false information, conspiring for false registration, or paying for registration or voting is punishable by a fine of up to $10,000 or imprisonment for up to five years, or both. Similarly, destroying, defacing, or altering ballots or voting records within a year of an election can result in a fine of up to $5,000 or imprisonment for up to five years, or both.
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Foreign national voting laws
Voting is one of the most important aspects of a democracy, and voters can change laws by electing representatives who reflect their values and priorities. In the United States, various laws and regulations govern the election process and voting rights, including those related to foreign national voting. Here is some information on foreign national voting laws in the US:
Federal laws prohibit foreign nationals from registering to vote or voting in federal elections. This includes laws such as 18 U.S.C. 1015 and 611, which are in place to prevent foreign interference in American elections. Additionally, federal laws like the National Voter Registration Act and the Help America Vote Act require states to maintain accurate and current lists of legally registered voters. The Federal Election Commission also bans candidates and political action committees from accepting contributions or donations from foreign nationals.
However, it's important to note that some states allow non-citizens to vote in local elections. For example, in 2022, New York City authorized voting by non-citizens in municipal elections, including lawful permanent residents and other non-citizens authorized to work in the US. This move was supported by Mayor Eric Adams, who believed it would bring millions more into the democratic process. Nevertheless, this decision was met with legal challenges from Republican voters and officials.
The issue of foreign national voting laws is complex and has been a concern in the US for decades. In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) criminalized non-citizen voting in federal elections, but it did not explicitly prohibit non-citizens from voting in state or local elections. This act was intended to strengthen the rule of law regarding illegal immigration.
In recent years, there has been a push for more restrictive voting laws, with at least 30 states enacting 79 restrictive laws since the 2020 presidential election. These laws can make it harder for eligible Americans to cast their ballots. On the other hand, pro-voter legislators are also seeking to expand access to voting, with at least 21 states enacting 32 expansive laws in 2024.
Voters can play a crucial role in changing and shaping these laws by electing representatives who support their views on voting rights and by advocating for specific changes at the state and local levels. It's important for voters to be informed about the laws in their specific state, as eligibility requirements and restrictions may vary.
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Voter-verifiable paper records
Voters can push for changes to laws in several ways. They can contact their elected representatives to advocate for specific legislation or express their opinions through protests, petitions, and other forms of political participation. Additionally, in some countries, voters have the power to initiate referendums, which are direct votes on specific policy issues.
One specific reform that voters can advocate for is the implementation of voter-verifiable paper records, also known as Voter-Verified Paper Audit Trails (VVPAT). VVPATs are a crucial component of secure and transparent elections. They serve as a tangible record of votes, allowing voters to verify that their selections have been accurately recorded and providing a means to detect fraud or equipment malfunction. This system combines the benefits of technology with the security of paper ballots, ensuring that every vote is accurately captured and can be audited if needed.
The VVPAT system has gained traction in recent years, with countries like the United States, India, Venezuela, the Philippines, and Bulgaria adopting it. In the US, the majority of registered voters (98.5%) have access to some form of paper ballot, whether hand-marked or VVPAT. This hybrid approach ensures that voters' intentions are accurately captured through technology and backed up by paper ballots for auditing and recount purposes.
The implementation of VVPATs addresses concerns about the security of electronic voting machines. Without VVPATs, insecure voting machine records could be altered without detection. Corrupt or malfunctioning machines might store votes differently from the voter's intentions, but with VVPATs, voters can verify their selections before casting their ballots. This additional step helps prevent electoral fraud and increases voter confidence in the integrity of the election process.
VVPATs also facilitate the cross-checking of electronic results with paper records, ensuring the accuracy of the final vote count. This feature refuted claims of inaccurate counts during the intense scrutiny of the 2020 US election, where Georgia's VVPAT system provided three cross-confirming counts: the initial vote, audit, and hand recount. This transparency helped counter disinformation campaigns and maintained voter confidence.
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State voting laws
Restrictive legislation encompasses a range of measures that make it more difficult for eligible citizens to cast their ballots. This includes laws such as voter identification requirements, which vary by state. Some states mandate that registered voters present identification at the polls, while others require poll workers to request identification. Several states also provide exceptions or accommodations for voters who may not have the required identification, such as allowing provisional ballots. Federal law also requires newly registered voters to provide either a driver's license number or the last four digits of their Social Security number.
In addition to restrictive laws, at least 15 states have passed 33 election interference laws since 2020, with at least 31 of these laws set to be in effect during a presidential election for the first time. These laws allow for partisan interference and threaten the integrity of the election process, potentially harming election administration and voters' confidence in election security. South Dakota and Louisiana are among the states that have recently enacted such laws.
However, there is also a pushback against these restrictive trends. Pro-voter legislators have been working to expand access to voting, and in 2024, at least 21 states enacted 32 expansive laws. Overall, at least 42 states and Washington, D.C., have enacted 172 expansive laws since January 2021, indicating that while voting restrictions are on the rise, there is also a significant effort to counter these restrictions and ensure that eligible citizens can exercise their right to vote.
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Frequently asked questions
Restrictive legislation makes it harder for eligible Americans to cast their ballots. Restrictive laws contain one or more provisions that would make it harder for eligible Americans to register, stay on the voter rolls, or vote compared to existing state law.
Election interference legislation threatens the people and processes that make elections work or increases opportunities for partisan interference in election results or administration.
Expansive legislation contains one or more provisions that would make it easier for eligible Americans to register, stay on the voter rolls, or vote compared to existing state law.
