Ballot Measures, Legislation & Rulemaking
Alabama: Straight-ticket voting could be a thing of the past in Alabama. HB 575, sponsored by Rep. Mary Moore, D-Birmingham, would eliminate an option on Alabama ballots that allows voters to choose a party’s entire slate of candidates with a single ballot mark. Alabama is one of five states that uses the voting system, according to the National Conference of State Legislatures. As of March 9, the bill was not scheduled to be in committee this week, and its prospects of passage are slim. Democrats are a superminority in the Alabama Legislature, and there are about 10 days left in the 2026 legislative session.
Arizona: For months, Secretary of State Adrian Fontes has asked lawmakers to let him use millions in leftover funds from last year’s Congressional District 7 special election to supplement election funding this year. The Republican-led Joint Legislative Budget Committee at first declined to consider most of that request, only approving $650,000 for cybersecurity after the state’s candidate portal fell victim to a cyberattack last year. But, on March 4, the committee approved most of the remaining funds Fontes had asked for. The $2.5 million approved by lawmakers includes $1.7 million for election expenses incurred by the state’s 15 counties; $500,000 for general and primary election costs; and $240,000 for security for the office through June. The committee declined to consider requests for $200,000 for voter registration database planning and $160,000 for past security costs. In a statement, Fontes said the new money will address “the most pressing issues” heading into the 2026 election cycle.
Republicans in the Senate have passed legislation that would make getting citizen initiatives on the ballot more difficult and revert all counties to precinct-based voting. House Bill 4115 would require paid petition circulators to follow a specific script when approaching potential signers, including disclosing the state where they live and that they are a paid petition circulator. The bill, sponsored by House Speaker Steve Montenegro, would also require signature gatherers to wear a badge saying they’re a paid circulator and disclosing the state where they live. HB4115 passed the Senate by a party-line vote and heads now to Hobbs. The governor has regularly vetoed legislation that restricts voting.
Republicans are also once again pushing to bring back neighborhood voting locations. Senate Bill 1746 would force all counties to go back to precinct-based voting, a change that election deniers in the legislature have been championing for years. Sponsored by Sen. Jake Hoffman, a Queen Creek Republican and founder of the far-right Arizona Freedom Caucus, the bill would still allow counties to use voting centers, like most counties currently do — but only in addition to precincts. Voting centers allow any registered voter to show up and cast a ballot at any polling site in the county. But only voters assigned to a precinct can vote at that precinct, and if they vote at the wrong location, their ballot won’t be counted. All Arizona counties used to use precincts, but began switching to voting centers more than 10 years ago. Now, only three counties use precincts exclusively and four more use a hybrid system with both vote centers and precincts. Eight counties — including Maricopa and Pima, where 75% of voters live — use only vote centers. Hoffman’s proposal would also close public schools to students on Election Day and require schools to serve as polling locations if the county requests it. But it would also require teachers to work that day, and would ban them from taking the day off. SB1746 passed the Senate Monday by a vote of 16-13, along party lines. It will next head to the House for consideration.
Florida: The Senate has rewritten a House election bill with a sweeping amendment that folds in much of the Senate’s approach to voter citizenship verification and broader election administration changes. Lawmakers adopted a delete-all amendment to HB 991 replacing the bill’s original language with provisions drawn largely from SB 1334, sponsored by Vero Beach Republican Sen. Erin Grall, effectively making HB 991 the vehicle for the Senate’s election proposal. The Senate’s delete-all amendment replaced a voter framework that would have been created by HB 991 for voters whose citizenship has not been verified. The original House proposal would have created a new category of “unverified voters” for people whose citizenship could not be confirmed through existing records during the registration process. Those voters could still be registered but would be required to cast a provisional ballot if their citizenship had not been verified by Election Day, with the ballot counting only if proof of citizenship was provided by 5 p.m. on the second day after the election. The Senate rewrite removes that classification and instead focuses on expanding the use of government databases to verify citizenship during the registration process. Provisional ballots would still be available to citizens under existing Florida election law when their eligibility cannot be immediately confirmed. Vote validation and post-election audit provisions were also fully removed from the House bill. The Senate language — largely drawn from SB 1334 — defines documents acceptable as evidence of U.S. citizenship, including records such as a certified birth certificate, valid U.S. passport, certificate of naturalization, Consular Report of Birth Abroad, or a federal court order granting citizenship. If a voter’s current legal name differs from the name listed on the citizenship document, the bill would require additional documentation demonstrating the name change. The measure would also revise Florida’s voter registration system to collect more detailed citizenship information and add stronger warnings to the registration form. Applicants would be required to acknowledge that falsely affirming citizenship status constitutes a third-degree felony under both state and federal law. Under the proposal, Florida’s online voter registration system would compare identifying information from applicants against Department of Highway Safety and Motor Vehicles (DHSMV) records and record citizenship status in the statewide voter registration system. If DHSMV records indicate the person is not a U.S. citizen or that acceptable documentation is not on file, the system would transmit the application to the local Supervisor of Elections for further review using available state and federal governmental sources. The Florida Department of State would likewise be required to review information from various governmental sources to identify potentially ineligible voters and notify county Supervisors when further action may be warranted. Beyond voter registration, the Senate language includes several broader election policy changes. The bill would require DHSMV to place an applicant’s legal citizenship status on Florida driver licenses and identification cards issued to qualified individuals by January 1, 2027.
Georgia: Senators shot down a bill March 5 that would have switched the state’s voting method to paper ballots filled out by hand before this November’s elections. The bill’s defeat sets up a scramble for Georgia lawmakers to find a way to remove computer QR codes from ballots this year, as required by a state law passed two years ago. The Senate voted 27-21 on the bill, two votes short of the majority needed for legislation to pass in the 56-member Senate. Seven senators skipped the vote following warnings of election “chaos” if it passed. “We’re at an impasse,” said Sen. Max Burns, R-Sylvania. “If we ignore it again, we’re just going to kick the can. Sooner or later, folks, you have to pay the piper, and it’s time to remove the QR codes.” The legislation, Senate Bill 568, also would have limited early voting locations. Currently, Georgians can vote in advance of an election at any location in their county, but the bill would have assigned voters to one site to ensure the correct ballots are pre-printed for each jurisdiction. According to WBAE, because SB 568 failed before the deadline for bills to pass at least one legislative chamber, either the state Senate or House, it’s likely dead this legislative session. But it could be revived by amending a different elections bill that has advanced. One candidate is Senate Bill 214, a measure that cleared the Senate last year that would also require almost all Georgia voters to bubble in their choices instead of using touchscreen computers.
Idaho: Potential jurors may have the option to instead work the election polls under a bill advancing in the Legislature. The Senate State Affairs Committee on Monday approved House Bill 560, which would allow county clerks to request from the jury commission that prospective jurors be given the choice to be excused from jury duty to serve as poll workers. Those who accept and volunteer as poll workers in an upcoming election would be excused from jury service for the next two years. The bill now goes to the Senate floor for consideration. It passed the House 68-0 with two members absent, and if approved by the Senate, would go to the governor for a signature or veto. Senate bill sponsor Sen. Phil Hart, R-Kellogg, said county clerks were in favor of the bill, which would allow them the option to seek more poll workers if they’ve determined there’s a shortage.
Chicago, Illinois: Chicago Mayor Brandon Johnson wants to honor the late Rev. Jesse Jackson and vote on an ordinance aimed at providing “security measures for the protection of poll workers, the electorate, and election-related activities.” The “Reverend Jesse L. Jackson Sr. Fair Access to Democracy Ordinance” would prohibit federal immigration agents from entering so-called “democracy zones” outside polling places, require landlords to provide secure mailboxes for tenants, and protect election judges against doxing, according to a draft of the ordinance obtained by CBS News Chicago. The ordinance named after him would create so-called “democracy zones” that would extend 100 feet outside existing campaign-free zones around Chicago polling places, where people are prohibited from soliciting votes. Federal immigration agents would be prohibited from entering those “democracy zones” for civil enforcement operations. The measure also aims to protect election judges and other government workers from doxing by establishing new penalties for intentionally publishing sensitive personal information without their consent “with the intent to cause harm,” or knowing that it could be used to harass, intimidate, or threaten injury to that person. The measure also would require landlords to provide secure mailboxes for every apartment in their buildings. Violations of the new restrictions could result in fines of $500 to $5,000. Government employees whose “personal identifying information is disclosed or who is subjected to harassment or intimidation” in violation of the ordinance also would be entitled to file lawsuits for damages. The city council was set to consider the resolution on Wednesday, but Johnson postponed the special meeting indefinitely and without explanation.
Kentucky: An omnibus elections bill that among other changes would allow Republican U.S. Sen. Rand Paul to run for reelection and president at the same time cleared the House in a narrow vote March 4. Forty lawmakers from both parties voted against House Bill 534, splitting the usually unified GOP caucus. But 53 GOP lawmakers approved the bill, which sends it to the Senate for more consideration. The bill allows the Kentucky State Board of Elections to enter agreements with federal agencies to identify noncitizens who have registered to vote in Kentucky. Voters in the state passed a constitutional amendment to bar noncitizens from voting in elections in Kentucky in 2024. After drawing opposition from county clerks, the bill had been sent back to committee for revisions. HB 534 passed out of the committee Thursday morning with 12 Republicans voting for it, and one Republican and three Democrats opposing it. The new version removed an emergency clause that would have put the bill into effect shortly before the primary election in May, which county clerks had said would not give them enough time to prepare for the changes. The bill would require the Administrative Office of the Courts to send the State Board of Elections a list of persons convicted of a felony, including those who are appealing their cases, who under Kentucky’s Constitution are disqualified from voting. Previously, some voting rights have been restored to people who have served sentences for non-violent offenses under the Beshear administration.
A Republican and a Democrat are behind bills in the House that would give the state’s two major political parties a chance to open their primaries to the fastest-growing group of Kentucky voters — independents. While any such change won’t come in time for this year’s May 19 primary when voters will nominate candidates for local, state and federal offices, Republican Rep. Vanessa Grossl, of Georgetown, told the Lantern it’s a discussion worth having for the future. About 11% of Kentucky’s voters are registered as independent or with a third party, making them ineligible under current law to vote in the state’s partisan primary elections.
Louisiana: With a potentially landmark Supreme Court ruling looming, 29 Louisiana Democratic lawmakers have introduced legislation that would establish state-level protections for voters if the nation’s federal voting rights law is weakened or overturned. Senate Bill 365, dubbed the Louisiana Voting Rights Act, was authored by Sen. Royce Duplessis and 28 co-authors in both chambers of the Louisiana Legislature. The bill spans roughly 20 pages and is modeled after the federal Voting Rights Act. The legislation would create the Louisiana Voting Rights Commission, establish a preclearance system requiring certain political subdivisions to seek approval before making changes to voting rules, and prohibit any election policy or practice that suppresses the voting power of protected class members. The bill comes as the U.S. Supreme Court prepares to issue a decision in Louisiana v. Callais, a case centered on the state’s second majority-Black congressional district, which could carry sweeping consequences for the future of the federal Voting Rights Act. Duplessis said the legislation is a direct response to that uncertainty. “The whole thinking behind it is that we don’t know how the Supreme Court is going to rule, but that doesn’t take away our rights and responsibilities as a state to say where we stand,” Duplessis said, “because the Supreme Court can say we’re going to leave it up to the states to decide. Well in that case, Louisiana can decide.”
Three bills part of the Louisiana Department of State’s legislative package aim to strengthen election security laws, Secretary of State Nancy Landry announced this week. House Bill 691: This bill, authored by State Rep. Gerald “Beau” Beaullieu IV (R-New Iberia), proposes checking Louisiana voter rolls against the federal Systematic Alien Verification for Entitlements (SAVE) program. The secretary of state would be required to “submit the name of every potential noncitizen registrant to the division of election integrity for investigation.” House Bill 547: This bill, authored by State Rep. Polly Thomas (R-Metairie), aims to amend current law related to election offenses to keep people from photographing, recording or reproducing voter registration information in precinct registers. Senate Bill 319: This bill, authored by State Sen. Thomas Pressly (R-Shreveport), is related to identity verification for voters, proposing adding other methods of identification. Specific methods proposed include U.S. passports and certificates.
Minnesota: Minnesota is one of 23 states along with Washington D.C. that allows same-day voter registration. Rep. Duane Quam (R-Byron) wants to add a step to ensure the ballot of freshly registered voters is cast properly via HF3845. It would require same-day registrants who are unable to provide a Minnesota driver’s license, Minnesota state identification number or Social Security number on Election Day cast a provisional ballot. Quam said the change would improve election integrity and ensure no one’s denied a ballot. The bill calls for completed provisional ballots to be set aside in “a secure, sealed ballot box” and later counted if the voter returns to the city clerk’s or county auditor’s office in the seven days following the election to present a Minnesota driver’s license, Minnesota state identification number or Social Security number, or after voter eligibility is verified by county auditor or city clerk using other data. All other ballots would be rejected and the voter would receive written notice with an explanation within 6-10 weeks following the election. Nicole Freeman, government relations director with the Office of the Secretary of State, said that although the law would apply to a small subset of votes, providing training and setting up a way to track provisional ballots requires a big system change that would be challenging to implement this close to an election. The House Elections Finance and Government Operations Committee failed to advance the bill this week on a 6-6 party-line vote.
Missouri: The secretary of state may be given subpoena power to investigate complaints of election fraud under terms of legislation passed March 4 in the House. With subpoena power, the secretary of state could call for records or witnesses related to an election investigation. If someone refuses to present materials or be interviewed, they could be held in contempt of court. Bill sponsor Rep. Brad Banderman, R-St. Clair, said the materials and witness interviews subpoenaed would just give the secretary of state more information to determine fraud. The bill would also give the secretary of state’s office access to records the Department of Revenue maintains on the citizenship status of licensed drivers.
The House moved March 4 to restore voting rights to people on probation and parole. Rep. Melanie Stinnett, R-Springfield, sponsored the bipartisan bill (HB 2592), which passed 107 to 36. “These individuals are living in our neighborhoods, they’re working alongside of us, they’re paying their taxes, and we trust them to care for their children,” Stinnett said during first-round approval earlier this week. “I believe that we should trust them with a ballot.” More than 53,000 Missourians were under state supervision at the end of February, according to a statement provided to STLPR by the Department of Corrections. Many of them would have their voting rights restored, likely in August, if the Senate approves the bill. People who have committed suffrage-related offenses would be excluded from the legislation.
A bill to protect ballot summaries written by politicians from judicial revision passed the House this week, as lawmakers moved to restore a law struck down earlier this year by the state Supreme Court. The legislation would give the secretary of state three chances to revise ballot summaries found to be insufficient or unfair before a judge could take over the job. And if the trial court judgment is overturned on appeal, the measure would require the appeals court to send it back to the trial court for revisions rather than make any changes. State Rep. John Simmons, a Republican from Washington, said revising ballot summaries is a political job and “the courts for recent history have been actually circumventing the will of the General Assembly, the elected people in writing a lot of these statements on their own.” The House voted 90-55 to approve the legislation, with all Democrats and nine Republicans opposed. It now moves to the Senate.
New Hampshire: Senate Republicans passed a bill last week to bar high school and college students from using their institution’s identification cards to vote, sending the measure to Gov. Kelly Ayotte’s desk. House Bill 323 would remove a voter’s ability to use a “valid student identification card” to prove their identity to obtain a ballot. Currently, state statute allows a student identification card as one of several options for proving identity, along with a driver’s license from any U.S. state, a state-issued non-driver’s identification card, a U.S. armed services identification card, or a U.S. passport or passport card. The bill passed the House, 190-148, with five Democrats joining all Republicans in voting for it. On March 4, the Senate passed it, 16-8, along party lines. The bill is the latest high-profile attempt to tighten requirements for voting in the state, and it presents Ayotte with a major decision. Republicans argue the state’s voting laws have allowed too many opportunities for fraud. HB 323 takes away the chance that a person could use a fake high school or college identification card to vote when they are not eligible, supporters say. But Democrats have slammed the legislation, arguing it is an attempt to suppress the vote of college students who may not have a driver’s license.
Oklahoma Ballot Measure: The Oklahoma Secretary of State’s Office announced that State Question 836, which aimed to put a proposal for an open primary election system before Oklahoma voters this year, failed to meet the required number of valid signatures to qualify for the ballot. The Vote Yes 836 campaign turned in more than 200,000 signatures on Jan. 26. The required threshold of valid signatures to qualify for the ballot was 172,993. However, following weeks of review, the Secretary of State’s office reported that fewer than the required number of signatures were deemed valid. Organizers said the campaign will now evaluate available procedures to confirm all lawful petition signatures have been included. Former Republican State Senator and State Question 836 advocate, A.J. Griffin, shared the following statement. “Oklahomans, especially our young people, are ready to lead, not languish, and the voices and needs of all lawfully registered voters should drive policies funded by taxpayers. I view this citizen petition as a great success already: opening the eyes of many thousands of voters about how our election system has brought us disappointing results, and why we have to change it if we want to make the most of our statewide resources and talent. This conversation has made a big impact, and the issue will be made even more real when our closed June primary elections come,” Griffin said.
Oklahoma: Meanwhile at the Legislature, lawmakers advanced their own resolution that asks voters to overhaul state, federal and partisan county elections. House Joint Resolution 1019, authored by Rep. Eric Roberts, R-Oklahoma City, would require every recognized political party in Oklahoma be given the opportunity to nominate a candidate for every general election. The candidate must win the party’s primary or runoff election, or be unopposed. The measure carves out exceptions for unopposed candidates. The legislative effort cleared the House Rules Committee with an 8-2 party line vote last week. Oklahoma currently has a closed primary system, though state law lets recognized political parties choose to allow unaffiliated voters to participate. All partisan primary elections will be closed to independent voters for the next two years after no party notified the state they wanted to open them.
Legislation making changes to early voting in Oklahoma was advanced by the Senate this week. Senate Bill 1362 seeks to add a Saturday to every early voting period before elections. Rep. Mike Osburn, R-Edmond, is the House principal author. Presently early voting is set from 8:00 a.m. to 6:00 p.m. on the Thursday and Friday prior to an election and partial Saturdays before general elections. According to this change, SB 1362 would enact polls opening those same hours Thursday through Saturday. The option to vote from 8:00 a.m. to 6:00 p.m. the Wednesday before general elections remains unchanged.
South Dakota: Voters in South Dakota will soon be able to challenge other voters’ citizenship. Republican Gov. Larry Rhoden signed legislation into law last week that authorizes challenges by individuals and election officials. The new law will not affect the June 2 primary election, because it won’t take effect until July 1, which is the regular effective date for new laws in the state. State law already allows challenges to a voter’s registration up to the 90th day before an election, if a person is suspected of lacking South Dakota residency, voting in another state or being registered to vote in another state. The new law adds citizenship as a justification for a challenge. Challenges may be filed by the South Dakota Secretary of State’s Office, the auditor in the county where the voter is registered, or a voter in the same county. The challenge must be in the form of a signed, sworn statement and must include what the law describes as “documented evidence.” If a county auditor deems the challenge valid, registrants are given a chance to produce documentation verifying their registration is valid. If the auditor ultimately cancels the registration, the person may appeal to a court or their local county commission. The Secretary of State’s Office, which oversees elections, requested the bill and testified in favor of it.
Utah: Lawmakers amended the state’s vote-by-mail system for the second year in a row, strengthening voter identification requirements, but once again rejected efforts to overhaul universal mail-in ballots and election oversight. In a repeat of 2025, Senate Republicans shut down a major proposal approved by their House counterparts to require voters to opt in to receive or return a ballot by mail and another to create a new secretary of state office. Ultimately, the Legislature approved small changes through SB194, requiring county clerks to verify both a signature and an ID number on every ballot and formalizing a conflict of interest avoidance plan for the lieutenant governor. The bill would clean up last year’s election compromise by clarifying clerks must continue to verify signatures even after the final four digits of government ID on ballots is phased in. The bill also requires the lieutenant governor, who runs Utah’s elections office, to write a conflict of interest risk avoidance plan, specifying when the lieutenant governor should be recused and who should be the replacement.
Through HB209, which requires county clerks to prohibit individuals from registering to vote for a state election unless they can provide documentary proof of citizenship, similar to Sen. Mike Lee’s SAVE America Act. Both chambers approved HB209 mostly along party lines. The bill would create a “bifurcated ballot system,” similar to that used for military service members. If a prospective voter cannot provide proof of citizenship clerks must notify the individual they cannot vote in state elections.
The Legislature also passed SB153, which would align Utah with most other states by making voter registration records public unless a voter is the victim of domestic violence, a public figure, a law enforcement or military member.
Wyoming: A joint conference committee has adopted the Senate’s position on a bill to allow public viewing during voting machine testing prior to elections. Senate File 28, “Elections-voting machine and voting system tests,” stipulates that testing of electronic voting machines before an election be open to the public, done in advance and with prior notice. As the bill came out of the Senate, prior notice was stipulated to mean two days. The House amended that to four, and also deleted a Senate provision that, at the county clerk’s discretion, no fewer than three members of the public, “but not more than a number that will ensure the orderly testing of machines” be allowed to witness the tests. Mary Lankford, speaking on behalf of the Wyoming County Clerks Association, said that she had concerns over security of the machines, especially if a lot of people show up for the testing, as well as the notification requirements. “I’ve testified in front of both of your committees about the space of the room, and the size of the room, and how many people we can get in there,” Lankford said. “We’re really talking about security versus transparency, and security for our equipment, for our testing and our election, is paramount. That’s the job.” Weather, equipment issues and delivery delays can also affect the date of testing, and sometimes four days notice is not practical, she continued. The Senate approved the JCC report in a 29-2 vote. The House also approved it by a 53-4 vote, with five representatives excused. The bill now heads to the governor’s desk.
Gov. Mark Gordon has signed legislation into law that requires county clerks to audit some ballots by hand in this year’s elections. Senate File 113, 2026 election hand count comparison, requires county clerks to audit by hand about 5% of all the ballots cast in their county during the 2026 general and primary elections. Then, county clerks will need to compare the results of the hand count to the results of the county’s electronic voting machines. The audits will include the results from one federal and one statewide race in each county, and will be conducted via audit boards made up of at least three county residents. The bill was drafted in consultation with county clerks, according to Fremont County Clerk Julie Freese.
Legal Updates
Federal Litigation: The Democratic National Committee sued the Trump Administration this week to try to compel the government to say whether it was planning to put armed federal agents or military personnel at polling places or election offices this year. The lawsuit, filed in federal court in Washington, D.C., says that 11 separate Freedom of Information Act requests filed in October to the Department of Justice, the Department of Homeland Security and the Department of Defense have prompted no meaningful response, a violation of the law. “To ensure that the American people obtain timely knowledge of potential threats to free and fair elections and to enable the DNC to take appropriate action to ensure voting rights are protected, the DNC now seeks this Court’s aid to enforce” Freedom of Information Act requirements, the lawsuit states. According to The New York Times, it is possible that no such records exist within the Trump administration; the lawsuit is simply accusing the agencies of failing to respond to the information requests. There are no current reported plans for the administration to use armed agents or troops in the upcoming elections. United States federal law bans military personnel or other “armed” agents from being “at any place where a general or special election is held.”
Alaska: Repeal Now, working to repeal Alaska’s current voting system, has sued state election officials, alleging that language adopted by the state for a repeal ballot measure is not “true” and “impartial” as required under state law. It is the second lawsuit filed this year challenging the wording of the ballot measure. The group is seeking to undo laws enacted through a 2020 ballot initiative that implemented nonpartisan open primaries, top-four ranked choice general elections, and new campaign finance reporting requirements. Repeal Now gathered signatures for its ballot initiative and submitted them to the state in November. The Division of Elections certified the initiative in December. The division approved ballot language titled “An Act Restoring Political Party Primaries, Single-Choice General Elections, and Campaign Finance Rules.” The wording drafted by the division was challenged in January by proponents of the 2020 ballot measure and the state’s current voting system. They said that this year’s initiative would not “restore campaign finance laws” — “rather (it) would fully repeal a litany of campaign finance disclosure requirements,” according to the complaint. The state initially defended the original ballot language. But early last month, the Division of Elections altered the wording. A new title amends the later part of the headline to read, ”repealing recent campaign finance laws.” The initial lawsuit was dropped after the change. Several days later, the Repeal Now group filed its lawsuit, challenging several aspects of the ballot language, including wording that existed in the Division of Elections’ initial version. The group is asking the Division of Elections to adopt different ballot language, under the title “An Act Ending Ranked-Choice Voting, Mandatory Open Primaries, and Recent Campaign Disclosure Laws.”
Colorado: Elizabeth Davis was sentenced to three years in prison for committing voter fraud during the 2022 midterm election, according to a spokesperson for the 23rd Judicial District Attorney’s Office. Davis was found guilty of forgery and personating an elector by a jury after investigators determined that she had filled out two ballots in the names of her deceased ex-husband and her son during the 2022 midterm election. Davis faced a sentence between probation and a maximum of three years; she received the max sentencing of three years.
Kentucky: The Kentucky State Board of Elections is asking a federal court to dismiss a lawsuit filed by the U.S. Department of Justice, which is seeking access to sensitive voter data. In a motion filed this week in the U.S. District Court of Eastern Kentucky, the board argues that the federal Civil Rights Act of 1960 does not allow the DOJ unfettered access to data on millions of Kentuckians who are registered to vote. It also says the board attempted to cooperate with the DOJ by providing a redacted list to avoid privacy violations. “The State Board of Elections is committed to complying with state and federal law. The Board works diligently to maintain clean voter rolls while also protecting the sensitive personal information of Kentucky’s voters,” said Executive Director Karen Sellers in a Tuesday statement. “We have worked with federal partners for many years to strengthen election integrity, and we remain committed to that cooperation. At the same time, the Board believes the courts should resolve the legal questions presented in this case so that election officials across the country have clear guidance about the scope of federal authority.” The State Board of Election’s motion to dismiss was filed by attorney Carmine G. Iaccarino. Additionally, two Kentucky voters who are naturalized citizens and voting rights groups represented by the American Civil Liberties Union of Kentucky hope to intervene in a case between the state and the U.S. Department of Justice over sharing sensitive voter data. ACLU-KY filed a motion to intervene in the DOJ’s case against state election officials on behalf of the League of Women Voters of Kentucky, the New Americans Initiative and the voters Monday. Last week, the DOJ sued Kentucky and four other states in federal court to gain access to voter registration data, including sensitive information such as driver’s license and Social Security numbers. “The Department of Justice’s demand for unredacted voter files has no legal basis and would put Kentuckians’ private data at risk,” said Corey Shapiro, legal director for ACLU-KY in a press release. “This is a blatant attempt to disenfranchise certain voters and hoard sensitive data for partisan purposes. The ACLU of Kentucky will continue to fight for the privacy and voting rights of all Kentuckians.” The motion to intervene highlights public reporting about the citizenship verification program and argues that the voters and voting rights advocates have standing to intervene in the case. It says that “the data DOJ seeks is likely to be used to challenge the voter registration of certain Kentuckians,” including voters who are naturalized citizens, have previous felony convictions, have moved out of state or who have moved back to Kentucky.
North Carolina: U.S. District Judge Louise Flanagan shot down a First Amendment lawsuit by a North Carolina woman after she posted a photo of her voting and was instructed to take it down or face prosecution. Susan Hogarth filed suit in 2024, after posting a selfie of herself on X holding up her ballot while voting in the Libertarian primary. The state board of elections contacted her and asked her to take the post down, notifying her it was a Class 1 misdemeanor. She sued, claiming the state’s laws prohibiting ballot photography violate the First Amendment. Flanagan found in favor of the defendants, who included members of the state and Raleigh board of elections, along with Raleigh District Attorney Lorrin Freeman. Polling places are a nonpublic forum, Flanagan said in her 15-page order dismissing the case, and are held to a more lenient standard in First Amendment challenges. The government is allowed to have content-based restrictions on speech as long as they are reasonable restrictions, and not because public officials oppose the speaker’s view. The statutes Hogarth challenged do not discriminate based on viewpoint, Flanagan wrote, and banning photographs prevents voters being paid or coerced to vote a certain way. “This prohibition prevents the use of the voted ballot or a person in a voting booth as proof of compliance in a vote-buying scheme, and protects voters from compulsion to disclose photographs of their ballot or themselves to ensure submission to a would-be vote intimidator’s demands,” she wrote. “Defendants’ interests in preventing bribed and forced votes are connected to maintaining the integrity of the voting booth.”
Virginia: This week a federal court reaffirmed a January ruling that found that Virginia’s current practice of disenfranchising all people with felony convictions violates post-Civil War laws that required former Confederate states to guarantee voting rights for newly emancipated Black residents. The series of laws, called the Readmission Acts, also barred states from constitutionally disenfranchising people other than those convicted of crimes that were considered common law at the time. Under current law, all ex-felons’ voting rights are automatically revoked and formerly incarcerated people must petition the governor to have them restored. The American Civil Liberties Union of Virginia is the plaintiff in the case, which was originally filed in 2023 and last heard in January. Attorney General Jay Jones then filed a motion that sought to modify a list of applicable felonies under the Readmission Acts, which blocked states from automatically and permanently stripping the voting rights of people convicted of crimes besides murder, manslaughter, arson, burglary, robbery, sodomy, mayhem and larceny. When the suit returned to courts on March 9, the ACLU floated the possibility of allowing incarcerated people the ability to vote, so long as their felonies were not common law. Judge John Gibney ordered the state to uphold the January ruling and to not address the question of voting in prison. “It is apparent that the parties are jockeying for relief not granted earlier. The plaintiffs now ask the Court to tell the electoral officials how and when to allow prisoners to vote; during the litigation of the merits of this case, they sought only an end to automatic disenfranchisement,” he wrote.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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