In the tightest states, new voting laws could tip the outcome in November

By Matt Vasilogambros, Stateline

Editor’s note: This series explores the priorities of voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin as they consider the upcoming presidential election. With the outcome expected to be close, these “swing states” may decide the future of the country.

GRAND RAPIDS, Mich. — Some voters are already casting early ballots in the first presidential election since the global pandemic ended and former President Donald Trump refused to accept his defeat.

This year’s presidential election won’t be decided by a margin of millions of votes, but likely by thousands in the seven tightly contested states of Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

How legislatures, courts and election boards have reshaped ballot access in those states in the past four years could make a difference. Some of those states, especially Michigan, cemented the temporary pandemic-era measures that allowed for more mail-in and early voting. But other battleground states have passed laws that may keep some registered voters from casting ballots.

Trump and his allies have continued to spread lies about the 2020 results, claiming without evidence that widespread voter fraud stole the election from him. That has spurred many Republican lawmakers in states such as Arizona, Georgia and North Carolina to reel back access to early and mail-in voting and add new identification requirements to vote. And in Pennsylvania, statewide appellate courts are toggling between rulings.

“The last four years have been a long, strange trip,” said Hannah Fried, co-founder and executive director of All Voting is Local, a multistate voting rights organization.

“Rollbacks were almost to an instance tied to the ‘big lie,’” she added, referring to Trump’s election conspiracy theories. “And there have been many, many positive reforms for voters in the last few years that have gone beyond what we saw in the COVID era.”

The volume of election-related legislation and court cases that emerged over the past four years has been staggering.

Nationally, the Voting Rights Lab, a nonpartisan group that researches election law changes, tracked 6,450 bills across the country that were introduced since 2021 that sought to alter the voting process. Hundreds of those bills were enacted.

Justin Levitt, a professor at Loyola Law School in Los Angeles, cautioned that incremental tweaks to election law — especially last-minute changes made by the courts — not only confuse voters, but also put a strain on local election officials who must comply with changes to statute as they prepare for another highly scrutinized voting process.

“Any voter that is affected unnecessarily is too many in my book,” he said.

New restrictions

In many ways, the 2020 presidential election is still being litigated four years later.

Swing states have been the focus of legal challenges and new laws spun from a false narrative that questioned election integrity. The 2021 state legislative sessions, many begun in the days following the Jan. 6 attack on the U.S. Capitol, brought myriad legislative changes that have made it more difficult to vote and altered how ballots are counted and rejected.

The highest-profile measure over the past four years came out of Georgia.

Under a 2021 law, Georgia residents now have less time to ask for mail-in ballots and must put their driver’s license or state ID information on those requests. The number of drop boxes has been limited. And neither election officials nor nonprofits may send unsolicited mail-in ballot applications to voters.

Republican Gov. Brian Kemp said when signing the measure that it would ensure free and fair elections in the state, but voting rights groups lambasted the law as voter suppression.

That law also gave Georgia’s State Election Board more authority to interfere in the makeup of local election boards. The state board has made recent headlines for paving the way for counties to potentially refuse to certify the upcoming election. This comes on top of a wave of voter registration challenges from conservative activists.

A ‘Wait Here To Vote’ sign is seen in a polling location as voters check in to cast ballots on May 21, 2024 in Atlanta. Georgia is among the battleground states that since the 2020 presidential election has enacted new laws that could restrict voting access. (Photo by Elijah Nouvelage/Getty Images)

In North Carolina, the Republican-led legislature last year overrode Democratic Gov. Roy Cooper’s veto to enact measures that shortened the time to turn in mail-in ballots; required local election officials to reject ballots if voters who register to vote using same-day registration during early voting do not later verify their home address; and required identification to vote by mail.

This will also be the first general election that North Carolinians will have to comply with a 2018 voter ID measure that was caught up in the court system until the state Supreme Court reinstated the law last year.

And in Arizona, the Republican-led legislature pushed through a measure that shortened the time voters have to correct missing or mismatched signatures on their absentee ballot envelopes. Then-Gov. Doug Ducey, a Republican, signed the measure.

“Look, sometimes the complexity is the point,” said Fried, of All Voting is Local. “If you are passing a law that makes it this complicated for somebody to vote or to register to vote, what’s your endgame here? What are you trying to do?”

Laws avoided major overhauls

But the restrictions could have gone much further.

That’s partly because Democratic governors, such as Arizona’s Katie Hobbs, who took office in 2023, have vetoed many of the Republican-backed bills. But it’s also because of how popular early voting methods have become.

Arizonans, for example, have been able to vote by mail for more than three decades. More than 75% of Arizonan voters requested mail-in ballots in 2022, and 90% of voters in 2020 cast their ballots by mail.

This year, a bill that would have scrapped no-excuse absentee voting passed the state House but failed to clear a Republican-controlled Senate committee.

Bridget Augustine, a high school English teacher in Glendale, Arizona, and a registered independent, has been a consistent early voter since 2020. She said the first time she voted in Arizona was by absentee ballot while she was a college student in New Jersey, and she has no concerns “whatsoever” about the safety of early voting in Arizona.

“I just feel like so much of this rhetoric was drummed up as a way to make it easier to lie about the election and undermine people’s confidence,” she said.

Vanessa Jiminez, the security manager for a Phoenix high school district, a registered independent and an early voter, said she is confident in the safety of her ballot.

“I track my ballot every step of the way,” she said.

Ben Ginsberg, a longtime Republican election lawyer and Volker Distinguished Visiting Fellow at the think tank Hoover Institution, said that while these laws may add new hurdles, he doesn’t expect them to change vote totals.

“The bottom line is I don’t think that the final result in any election is going to be impacted by a law that’s been passed,” he said on a recent call with reporters organized by the Knight Foundation, a Miami-based nonprofit that provides grants to support democracy and journalism.

Major expansions

No state has seen a bigger expansion to ballot access over the past four years than Michigan.

Republicans tried to curtail access to absentee voting, introducing 39 bills in 2021, when the party still was in charge of both legislative chambers.

Two GOP bills passed, but Democratic Gov. Gretchen Whitmer vetoed them.

The next year, Michigan voters approved ballot measures that added nine days of early voting. The measures also allowed voters to request mail-in ballots online; created a permanent vote-by-mail list; provided prepaid postage on absentee ballot applications and ballots; increased ballot drop boxes; and allowed voters to correct missing or mismatched signatures on mail-in ballot envelopes.

Voters check-in at a polling location for the Michigan primary election at Oakman Elementary School on Feb. 27, 2024, in Dearborn, Michigan. Michigan was one of the swing states that greatly expanded voter access since 2020. (Kevin Dietsch/Getty Images/TNS)

“When you take it to the people and actually ask them about it, it turns out most people want more voting access,” said Melinda Billingsley, communications manager for Voters Not Politicians, a Lansing, Michigan-based voting rights advocacy group.

“The ballot access expansions happened in spite of an anti-democratic, Republican-led push to restrict ballot access,” she said.

In 2021, then-Nevada Gov. Steve Sisolak, a Democrat, signed into law a measure that transitioned the state into a universal vote-by-mail system. Every registered voter would be sent a ballot in the mail before an election, unless they opt out. The bill made permanent a temporary expansion of mail-in voting that the state put in place during the pandemic.

Nevada voters have embraced the system, data shows.

In February’s presidential preference primary, 78% of ballots cast were ballots by mail or in a ballot drop box, according to the Nevada secretary of state’s office. In June’s nonpresidential primary, 65% of ballots were mail-in ballots. And in the 2022 general election, 51% of ballots cast were mail ballots.

Last-minute court decisions

Drop boxes weren’t controversial in Wisconsin until Trump became fixated on them as an avenue for alleged voter fraud, said Jeff Mandell, general counsel and co-founder of Law Forward, a Madison-based nonprofit legal organization.

For half of a century, Wisconsinites could return their absentee ballots in the same drop boxes that counties and municipalities used for water bills and property taxes, he said. But when the pandemic hit and local election officials expected higher volumes of absentee ballots, they installed larger boxes.

Every way that you make it easy for people to vote safely and securely is good.– Jeff Mandell, general counsel and co-founder of Law Forward

After Trump lost the state by fewer than 21,000 votes in 2020, drop boxes became a flashpoint. Republican leaders claimed drop boxes were not secure, and that nefarious people could tamper with the ballots. In 2022, the Wisconsin Supreme Court, then led by a conservative majority, banned drop boxes.

But that ruling would only last two years. In July, the new liberal majority in the state’s high court reversed the ruling and said localities could determine whether to use drop boxes. It was a victory for voters, Mandell said.

With U.S. Postal Service delays stemming from the agency’s restructuring, drop boxes provide a faster method of returning a ballot without having to worry about it showing up late, he said. Ballots must get in by 8 p.m. on Election Day. The boxes are especially convenient for rural voters, who may have a clerk’s office or post office with shorter hours, he added.

“Every way that you make it easy for people to vote safely and securely is good,” Mandell said.

After the high court’s ruling, local officials had to make a swift decision about whether to reinstall drop boxes.

Milwaukee city employees were quickly dispatched throughout the city to remove the leather bags that covered the drop boxes for two years, cleaned them all and repaired several, said Paulina Gutierrez, executive director of the City of Milwaukee Election Commission.

“There’s an all-hands-on-deck mentality here at the city,” she said, adding that there are cameras pointed at each drop box.

Although it used a drop box in 2020, Marinette, a community on the western shore of Green Bay, opted not to use them for the August primary and asked voters to hand the ballots to clerk staff. Lana Bero, the city clerk, said the city may revisit that decision before November.

New Berlin Clerk Rubina Medina said her community, a city of about 40,000 on the outskirts of Milwaukee, had some security concerns about potentially tampering or destruction of ballots within drop boxes, and therefore decided not to use the boxes this year.

Dane County Clerk Scott McDonell, who serves the state capital of Madison and its surrounding area, has been encouraging local clerks in his county to have a camera on their drop boxes and save the videos in case residents have fraud concerns.

A risk of confusing voters

Many local election officials in Wisconsin say they worry that court decisions, made mere months before the November election, could create confusion for voters and more work for clerks.

“These decisions are last-second, over and over again,” McDonell said. “You’re killing us when you do that.”

Arizonans and Pennsylvanians now know that late-in-the-game scramble too.

In August, the U.S. Supreme Court reinstated part of a 2022 Arizona law that requires documented proof of citizenship to register on state forms, potentially impacting tens of thousands of voters, disproportionately affecting young and Native voters.

Whether Pennsylvania election officials should count mail ballots returned with errors has been a subject of litigation in every election since 2020. State courts continue to grapple with the question, and neither voting rights groups nor national Republicans show signs of giving up.

Former Pennsylvania Secretary of the Commonwealth Kathy Boockvar, who is now president of Athena Strategies and working on voting rights and election security issues across the country, said voters simply need to ignore the noise of litigation and closely follow the instructions with their mail ballots.

“Litigation is confusing,” Boockvar said. “The legislature won’t fix it by legislation. Voter education is the key thing here, and the instructions on the envelopes need to be as clear and simple as possible.”

To avoid confusion, voters can make a plan for how and when they will vote by going to vote.gov, a federally run site where voters can check to make sure they are properly registered and to answer questions in more than a dozen languages about methods for casting a ballot.

Matt Vasilogambros covers voting rights, gun laws and Western climate policy for Stateline. He lives in San Diego, California. Arizona Mirror’s Caitlin Sievers and Jim Small, Nevada Current’s April Corbin Girnus and Pennsylvania Capital-Star’s Peter Hall contributed reporting.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: [email protected]. Follow Stateline on Facebook and X.

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on October 5, 2024