Ballot Measures, Legislation & Rulemaking
Federal Legislation: The SAVE America Act has officially failed in the Senate. The measure was voted on June 4 as an amendment as part of lengthy debate over an immigration funding package. The election bill has languished in the Senate for months, after the House passed a version in February on a near party-line vote. The election proposal would have taken effect immediately, even as voting is underway in congressional primaries. Notably, the legislation would have required voters to show a document proving their U.S. citizenship, like a passport or a birth certificate, when they registered to vote. Trump posted frequently online about the bill as well — including on Thursday afternoon — saying at one point that he would not sign any other legislation before the SAVE Act was passed, that it “supersedes everything else.” Taking that cue, some Republicans talked of wanting to abolish or circumvent the legislative filibuster to make it harder for Democrats to stymie the legislation. But it was clear to Senate Majority Leader John Thune, R-S.D., that there wasn’t a broad enough appetite among his Republican colleagues for that. “It’s about the votes. It’s about the math,” Thune had told reporters. “And I’m — for better or worse — I’m the one who has to be the clear-eyed realist about what we can achieve here.” The act would have also required all voters to show photo identification to cast a ballot. And it would have mandated that all states submit their voter lists to a Department of Homeland Security tool that has been found to erroneously flag U.S. citizens.
Sen. Marsha Blackburn (R-Tennessee) has introduced a bill that could impact how states manage voter information. The bill aims to encourage states to send voter registration rolls to the Department of Homeland Security. After the federal government receives the rolls, they are to be checked through the Systematic Alien Verification for Entitlements, or SAVE, program. The initiative is to prevent non-U.S. citizens from voting. “26 states already check their voter rolls against the SAVE system, so, my legislation would incent all states to use the SAVE system by giving them a plus up on their federal grants, that they are receiving for public safety,” Blackburn said. According to Blackburn, if the bill is approved the new legislation would take effect immediately.
Delaware: Delaware joins a movement to implement state-level voting rights protections. Voting rights advocates, Delaware residents, and lawmakers rallied at the statehouse to support the Delaware John Lewis Voting Rights Act’s introduction on June 5. State Representative Larry Lambert introduced the measure, also called HB 444. He said it’s meant to give Delawareans protection against discriminatory voting practices. He started working to draft the legislation last year with the Delaware ACLU. The measure would prohibit election practices that suppress, dilute, or discriminate against voters, regardless of intent. It gives individuals, organizations and the Attorney General an avenue to bring motions forward to challenge potential discriminatory legal practices. “Some people think that this bill was sponsored and has been filed just in response to national headlines,” Lambert said. “It has not. We love and we honor the work that our Department of Elections do, and this bill about assistance for voters. This bill is about protection.”
Georgia Rulemaking: The State Election Board has advanced a resolution seeking to implement hand-marked paper ballots ahead of the November 2026 general election, contradicting guidelines from the secretary of state’s office directing counties to continue using Georgia’s current voting machines. The resolution, which is not binding, was introduced by newly appointed Vice Chair Janelle King and passed in a 3-1 vote Thursday. The board, which has repeatedly advocated for Georgia to switch to hand-marked paper ballots, also approved interim guidelines to be sent out to counties. According to the Georgia Recorder, King said the resolution would allow county election workers to switch to hand-marked paper ballots in the event that the state Legislature fails to address an upcoming deadline to change the state’s current election system, which relies on a ballot QR code to count votes. Under Senate Bill 189, which passed in 2024, QR codes cannot be used for the official ballot count after July 1.
Louisiana: Gov. Jeff Landry signed several bills into law designed to strengthen voter confidence, enhance election safeguards and secure Louisiana’s election process. The bills included Senate Bill 319 along with House Bills 691 and 547. SB 319 establishes standards for voter identification at polling places, eliminating ambiguity regarding acceptable forms of identification. It provides statewide guidelines for election officials while maintaining multiple pathways for voters to verify their identity. The law will go into effect on July 1, 2027, allowing time for implementation and training. HB 691 requires an annual review of voter registration records to identify potential noncitizens registered to vote while preserving due process protections before any voter registration may be canceled. Louisiana was the first state to use the federal Systematic Alien Verification for Entitlements program and has previously used it to improve the accuracy of voter registration rolls. This law will go into effect on Aug. 1, 2026. HB 547 aims to strengthen protections for voter privacy by prohibiting the photographing, recording or reproduction of voter registration information contained in Election Day precinct registers, protecting voter information, and reducing the potential for harassment, intimidation or misuse of voter data. This law will also go into effect on Aug. 1.
Maryland Rulemaking: Maryland’s state election board unanimously approved a set of public guidelines this week laying out how thousands of mail-in ballots will be tabulated for the primary election. The guidelines were needed to address the “canvassing issue” created when more than 437,000 mail-in ballots had to be replaced late last month. The rules made public Tuesday lay out instructions on how local election boards are to treat the original, potentially erroneous ballots and the replacements meant to correct the issue. If a voter mails one back instead of the replacement, it is quarantined. Should that same voter then send in the replacement ballot, the replacement ballot counts and the original, flagged ballot remains quarantined. If no other ballot comes in, the local boards will then examine the returned original ballot. If the voter sent in a ballot that does not align with their voter registration and district, it will not be counted. An original ballot that aligns with the voter’s registration and district would count if the replacement is not returned. The only exception — the third so-called bucket — is if that ballot includes nonpartisan races. In Maryland, that is limited to school board contests. In those cases, only the votes for the nonpartisan race would count. “If you vote the replacement ballot, the replacement ballot counts. If you vote in person and you voted the original ballot, you’ll vote a provisional ballot. Then that provisional ballot will count over your original ballot,” said Maryland Elections Administrator Jared DeMarinis after the meeting.
Michigan: State Rep. Jennifer Wortz is celebrating the successful House vote on her plan to ensure that qualified individuals are selected to administer local elections. House Bill 5717, introduced by Wortz, would require a township board to contract with a nearby individual who is accredited to conduct elections if the township clerk and all deputy township clerks are unavailable to carry out election-related duties. Under current law, township boards could appoint any eligible voter from the township to perform those responsibilities. Worts says her legislation would allow local governments to seek out someone who has the qualifications to run an election if no one locally is available. Wortz says “all Michiganders deserve to have their local elections operate with competency and security. These election workers need to be qualified, and this bill helps put those guardrails in place”.
Nebraska Ballot Measures: Nebraskans will not vote this November on any parts of a multi-pronged petition drive seeking to address property taxes and change key parts of state elections. Eric Underwood, the former chair of the Nebraska Republican Party and spokesperson for the Advocates For All Nebraskans campaign, confirmed to the Nebraska Examiner that the 200 volunteers across the group’s five petitions have been pulled back. Campaigns for statewide ballot measures must submit signatures to the Nebraska Secretary of State’s Office by July 2. One of the measures would have amended the Nebraska Constitution to require that all Nebraska elections utilize paper ballots and that ballots be hand-counted to tally results. The second elections-related ballot measure would have amend the Nebraska Constitution to mandate that a presidential candidate who wins Nebraska’s popular vote wins all five of Nebraska’s Electoral College votes. Voter-led changes to state law require verified signatures from at least 7% of registered voters (nearly 90,000) to appear on the November general election ballot. Constitutional changes need valid signatures from at least 10% of voters (nearly 126,000) to qualify.
New Jersey: Legislation sponsored by Senate President Nick Scutari and Senator James Beach that would help ensure mail-in ballots are counted by educating voters about postal service postmark procedures and ballot return options was approved today by the Senate Budget and Appropriations Committee. The bill, S-3815, would require the Secretary of State to inform voters about federal postal service rules governing postmarks, including the possibility that a mail-in ballot could receive a postmark date later than the date it was provided to the Postal Service. The campaign would also educate voters on steps they can take to ensure their ballots are counted, including requesting a free manual postmark at a post office retail location or utilizing one of New Jersey’s secure ballot drop boxes. In addition to establishing the public awareness campaign, the bill would direct the Secretary of State, in collaboration with county election officials, to evaluate the placement and usage of ballot drop boxes throughout New Jersey and issue recommendations regarding potential improvements.
Ohio: State Sen. Bill Blessing (R-Cincinnati) has introduced two bills that, if enacted, would mostly abandon Ohio’s century-old system of holding separate party primaries. Under both of Blessing’s bills, Senate Bill 382 and Senate Bill 395, candidates for a given office would compete in a single, open primary, with the top two or three finishers — depending on the bill — advancing to the general election, regardless of their party affiliation. Senate Bill 382 would create a “jungle” primary system similar to California’s, in which the two candidates with the most primary votes would advance to the November general election, regardless of their party affiliation (though candidates’ party affiliations would still appear next to their names on ballots). Under Senate Bill 395, meanwhile, the top three primary vote-getters would advance to the general election. Unlike SB382, SB395 would also change how general-election candidates are elected: instead of voters simply marking which of the three candidates they support, they would weigh in on which candidate they prefer in head-to-head matchups among the finalists — Candidate A vs. B, A vs. C, and B vs. C. Neither bill has any cosponsors so far, and even Blessing himself admits the odds of either bill passing this session are “probably none.” However, the proposals reflect a feeling on both sides of the aisle that Ohio politics has become so extreme and partisan that the state’s electoral process itself needs to be overhauled.
A bipartisan bill that started out as an avenue for homeless Ohioans to get free identifying documents like birth certificates and state ID cards has turned into something else. A changed version of House Bill 472 is being fast tracked for passage this week. The Senate passed the bill 23-10. Ohio Sen. Bill Blessing, R-Colerain Twp., joined Ohio Senate Democrats in voting against the bill. The House voted 60-34 to concur with changes made to the bill. Under the bill, absentee voters would be required to show their ID either when they request an absentee ballot or if they submit their ballot in-person. It requires the Ohio Secretary of State, the board of electrons, the Registrar of Motor Vehicles, and public libraries to provide free copies of electors’ photo IDs. It also requires the Secretary of State to create a secure online portal where a voter can apply for an absentee ballot starting Sept. 3, 2027. The Ohio Association of Elected Officials testified against the bill saying many senior citizens and those with chronic health conditions or mobility limitations rely on mail-in voting. “For these voters, the requirement is not merely an inconvenience. It is a significant obstacle to voting,” said Franklin County Board of Elections Director Antone White. Secretary of State Frank LaRose also worried the bill and its changes are being rushed. “I have a general concern that when something like this is done this quickly there can be unintended consequences,” LaRose said. And LaRose said part of the bill that would allow electronic voter interaction would require money from the state to make that a reality.
Pennsylvania: A long-time request of county election officials moved one step closer to being answered as the State House advanced a bill allowing counties to pre-canvass mail-in ballots. The legislation would permit counties to inspect and open all envelopes containing official absentee ballots or mail-in ballots, the removal of the ballots from the envelopes, and the counting, computing, and tallying of the votes reflected on the ballots. It does not include the recording or publishing of the votes reflected on the ballots. Under current law, pre-canvassing of mail-in and absentee ballots cannot begin until 7 a.m. on Election Day. Sponsored by Rep. Scott Conklin (R-Centre), House Bill 37 gives county election officials seven days prior to Election Day to pre-canvass all mail and absentee ballots received. The vote advanced by a 103-99 vote with Rep. Thomas Mehaffie (R-Dauphin) joining all 102 Democrats in the affirmative. The bill now heads to the Republican-controlled state Senate. The County Commissioners Association of Pennsylvania also supported the bill. A similar bill was passed by the House two years ago by a 102-99 and the legislation stalled in the Senate State Government Committee.
Rhode Island: According to the Rhode Island Current, with the General Assembly closing out its 2026 session this week, the Rhode Island Voting Rights Act is going nowhere. On June 8, Senate President Valarie Lawson, House Speaker Christopher Blazejewski and Rhode Island Secretary of State Gregg Amore issued a joint statement that the bills would not be voted on before the end of the 2026 session, which is expected to wrap up Thursday. “From the beginning, we have all understood the importance of passing a strong Rhode Island Voting Rights Act,” they said. “But we also understand that as the federal administration continues to work to make it more difficult to access the ballot box, we have to do it right.” If enacted, the Rhode Island Voting Rights Act would explicitly prohibit voting discrimination based on religion, sex, sexual orientation, gender identity or expression, disability, age, ancestry, or marital status. It would also bar voter suppression practices and require language assistance for voters with limited English proficiency.
Legal Updates
Arizona: The Arizona Supreme Court won’t review lower court rulings that crippled Attorney General Kris Mayes’ fake electors case, leaving the prosecution of 18 people who attempted to overturn the state’s 2020 election results in limbo. The case is one of several that arose in the aftermath of the 2020 election when allies of President Donald Trump, who lost the election, tried to install him anyway. Those people, who became known as fake or false electors, attempted to cast electoral votes for Trump in multiple states he lost and submit those certificates of votes to Congress. According to Votebeat, in the wake of the Arizona Supreme Court’s ruling, Richie Taylor, a spokesperson for Mayes, said in a statement that her office would “return this case to the grand jury.” But the high court’s decision suggests that case is now likely to stretch into 2027 or 2028. Mayes faces reelection this year. Her GOP opponents — Arizona Senate President Warren Petersen and military attorney Rodney Glassman — have both pledged to drop the case if they take the attorney general’s office.
Arkansas: Pulaski County Circuit Judge Tim Fox dismissed a lawsuit challenging the results and recount procedures for the Republican runoff for secretary of state. Fox ruled that Bryan Norris failed to prove any of his allegations that the Saline County Election Commission didn’t follow procedures in the primary runoff and recount. Norris was narrowly defeated by state Sen. Kim Hammer in the March runoff election. “The court finds that plaintiff’s challenge to the recount procedure and vote tally is specious, ill-founded, and wholly without merit,” Fox wrote. Norris lost by less than 1,000 votes to Hammer in the runoff election. Saline was one of six counties where Norris had requested a recount. The results in all six counties matched the election results. “This ruling confirms what we have said from the very beginning,” Saline County Clerk Doug Curtis said in a news release. “Our election officials followed the law, our poll workers did their jobs, and the results were accurate. The recount confirmed it. The evidence presented at trial confirmed it. And now the court has confirmed it.” The lawsuit filed against Saline County claimed that ballot boxes weren’t secured with the legally required seals, that election workers who handled and recounted ballots did not take a required oath and that Norris’ representative wasn’t given a priority location to view the recount.
Florida: With qualification week just days away, groups challenging Florida’s congressional map are making one last request to halt the process. The Equal Ground Education Fund and other plaintiffs petitioned the Florida Supreme Court to reverse a Leon County judge’s decision denying a request for an injunction. The First District Court of Appeals declined to reverse Circuit Judge Joshua Hawkes’ decision, and the state’s high court is the last set of jurists with the power to demand an injunction on the map. With ongoing questions about whether Gov. Ron DeSantis’ office broke Florida’s ban on partisan gerrymandering, plaintiffs argue that a map signed only last month should not be used in the 2026 Midterms. They are asking for a quick decision since the candidate qualification starts at noon on Monday. “The public interest overwhelmingly favors enjoining the 2026 Plan and ordering upcoming elections to occur under the 2022 Plan,” reads a petition to the Florida Supreme Court.
Georgia: A Republican state senator demanded in Fulton County Superior Court that the secretary of state’s office allow observers into its election night reporting center, testifying that failing to do so undermines trust in the electoral process. State Sen. Greg Dolezal, who is running for lieutenant governor, and two other Republicans have sued to compel Secretary of State Brad Raffensperger to admit credentialed poll watchers and State Election Board members into the center for all future elections. The secretary of state’s attorneys sought to dismiss the lawsuit. Although at least one current state board member had previously been invited to attend election night reporting, Raffensperger’s attorneys said that there is no legal right entitling board members and others to observe election night reporting. “No polling, no tabulation of votes, no voting occurs at the emergency operation center,” said Alexis Gregorian, an attorney representing Raffensperger. Raffensperger has denounced the lawsuit as “Dolezal’s desperate search for press attention and votes.”
U.S. Virgin Islands: Chief Judge Robert Molloy has dismissed a sex-based pay discrimination civil lawsuit filed about a decade ago by former Senator Genevieve Whitaker against current and former election officials, finding the complaint failed to meet the legal threshold required to proceed, according to court documents. issued an order June 3 granting the defendants’ motion to dismiss the case with prejudice — meaning it cannot be refiled — for failure to state a claim upon which relief can be granted. The ruling means the court found that, even accepting the allegations as true, the lawsuit did not present a legally valid basis for relief under the applicable statutes. Whitaker, who represented herself in the case, first filed suit in 2016 and later submitted a second amended complaint on April 4, 2023. She worked as St. Croix deputy supervisor of elections from October 13, 2013, until her resignation on January 8, 2021, after being elected to the 34th Legislature. Whitaker alleged her starting salary of $72,000 was $8,000 less than that of her male predecessor, former Senator James Weber III. She said she later received a 3% across-the-board increase for Elections System of the Virgin Islands staff, raising her salary to $74,160 effective Jan. 31, 2019, through her resignation. n a motion to dismiss filed April 17, 2023, the defendants argued Whitaker’s position was exempt from civil service protections because she served in a non-career, policymaking role appointed by public officials and therefore was not covered under the Equal Pay Act or Title VII. They also argued the Virgin Islands Equal Pay Law does not provide a private right of action for the type of pay claims raised. In his opinion, Molloy found Whitaker’s position as deputy supervisor of elections fell within an exempt, policymaking classification not covered by the civil service protections underlying her claims, and therefore not subject to the statutes she cited.
Virginia: A federal judge has approved a consent decree requiring Virginia election officials to accept certain voter registration applications submitted by college students, resolving a lawsuit that alleged students were being improperly denied registration over missing dormitory-related details. The agreement, approved last week by the U.S. District Court for the Eastern District of Virginia, bars election officials from rejecting otherwise eligible student voter registration applications solely because they omit information such as dorm room numbers, dorm names or campus mailbox numbers when those details are not necessary to determine voting precincts. Under the consent decree, Virginia election officials must provide guidance and training to local registrars on how to handle student voter registration applications and amend the state voter registration form to clarify what address information is required for people living in dormitories and other group housing. The agreement also requires state officials to begin rulemaking efforts to formally incorporate the new standards in the Virginia Administrative Code.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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