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User:Jaydavidmartin/Republican election law bills in 2021

< User:Jaydavidmartin

Potential names: Republican efforts to restrict voting following the 2020 presidential election, Republican efforts to restrict the vote following the 2020 presidential election, Republican election restriction efforts following the 2020 presidential election, Republican efforts to restrict voting access following the 2020 presidential election, Republican efforts to make voting laws more restrictive following the 2020 presidential election

Following the 2020 United States presidential election and attempts by Donald Trump and Republican officials to overturn the election, Republican lawmakers have engaged in a sweeping effort to make voting laws more restrictive.[1][2] According to the Brennan Center for Justice, as of February 10, 2021, more than 253 bills that would restrict voting access have been introduced in 43 states,[nb 1] with most aimed at limiting mail-in voting, strengthening voter ID laws, shortening early voting, and allowing for more aggressive means to remove people from voter rolls.[4] An analysis by the Washington Post described the effort as "potentially amounting to the most sweeping contraction of ballot access in the United States since the end of Reconstruction".[5]

Supporters of the bills argue they would improve election security and point to substantial public distrust of the integrity of the 2020 election,[nb 2] as well as false claims of election fraud, as reason to tighten election laws.[8][9] Opponents argue that the efforts amount to voter suppression,[10] are intended to advantage Republicans by reducing the number of people who vote,[nb 3][14] and would disproportionately affect minority voters;[15] they point to reports that the 2020 election was one of the most secure in American history[nb 4] to counter claims that election laws need to tightened, and argue that public distrust in the 2020 election arises from falsehoods pushed by Republicans, who they argue are now using the atmosphere engendered by their own fabrications as reason to advance voter suppression efforts.[23][24][25]

"Texas, Georgia and Arizona lead the country for restrictive election proposals".[26]

[27][28]

Background edit

 
Stop the Steal signs seen in front of the Capitol

For decades, the Republican Party has supported "election integrity" initiatives—measures purportedly intended to reduce voter fraud (which is exceedingly rare in the United States[29][30]) but which critics have alleged are attempts at voter suppression.[31][32][33][34] As summarized by the Associated Press, "stronger voting regulations have long been a conservative goal, driven by old — and some say outdated — conventional wisdom that Republicans thrive in elections with lower turnout, and Democrats in ones with more voters. That has translated to GOP efforts to tighten voter identification laws and require more frequent voter roll purges. Both efforts tend to disproportionally exclude Black and Latino voters, groups that lean Democratic."[35]

In recent history, there have been several waves of increased voter restriction proposals. First in the years after the 2000 presidential election, when, according to Lawrence Norden, "political operatives realized that small shifts in voting laws could potentially alter the outcome of an election".[36] This was followed by a marked uptick after 2013, when the Supreme Court struck down the preclearance provision of the Voting Rights Act of 1965, which required southern states with histories of racial discrimination in voting to pre-clear any changes to voting administration with the federal government.[37][38] Finally, there was heightened interest after the 2016 presidential election, which Donald Trump (the winner of the election) baselessly claimed was marred by voter fraud (likely as an attempt to explain away, first, the expectation of his defeat and then, after unexpectedly prevailing, to explain his loss in the popular vote[a]).[40][41] Still, the scale and coordination of these Republican efforts paled in comparison to the surge that would follow the 2020 United States presidential election.[5][42]

Immediately following the 2020 election, Donald Trump and his allies in the Republican Party used false claims of electoral fraud,[43][44][45] as well as a fabricated narrative of an international communist conspiracy involving Hugo Chavez and Dominion Voting Systems,[46][47][48] as pretext to initiate an unprecedented effort to overturn the victory of Democratic candidate Joe Biden.[b][c][54] They launched over 60 lawsuits,[50][55] encouraged officials in states with close results (particularly those which Biden won) to throw out legally-cast ballots and challenge vote certification processes,[56][57] and attempted to reject the results of several states Joe Biden had won during the congressional certification of the Electoral College results,[58][59] including by trying to force Vice President Mike Pence to unilaterally reject those states' electoral votes.[60] Supporters of Trump engaged in a "Stop the Steal" protest movement[61][62] while right-wing media networks and political commentators, including Newsmax, One America News Network, and Fox News commentators like Sean Hannity and Lou Dobbs, amplified election falsehoods and conspiracy theories.[63][64] Trump personally pressured Georgia Secretary of State Brad Raffensperger to "find 11,780 votes" (the number of votes needed to flip the state),[65] repeatedly urged Georgia Governor Brian Kemp to convene a special session of the legislature to overturn Biden's certified victory in the state,[66] fired the director of the Cybersecurity and Infrastructure Security Agency (CISA) shortly after he refuted claims of election fraud,[67] and pressured Vice President Mike Pence to unilaterally and illegally reject electors from several states at the Congressional certification of the Electoral College.[68][69] The effort ultimately culminated in the 2021 storming of the United States Capitol, in which supporters of Donald Trump violently stormed and occupied the Capitol building in an unsuccessful attempt to prevent Congress from certifying the results of the Electoral College (Donald Trump, for his part, was impeached for his role in inciting the mob[70]).[71][72]

As a result of this effort, a substantial numbers of Republicans—with some polls indicating well over half—continue to believe that the election was stolen from Donald Trump.[73][6] This belief, often referred to as the "Big Lie",[74][75] has supercharged Republican "election integrity" efforts, with Republican officials frequently citing false claims of election fraud or the fact that many in the public believe there was fraud as reason to tighten election laws.[5][28][76] Beyond election falsehoods, the effort has also been linked to an attempt to entrench minority rule for the Republican Party.[77] According to the New York Times, "Out of power in both Congress and the White House, the [Republican] party views its path to regaining a foothold in Washington not solely through animated opposition to Mr. Biden's agenda, but rather through an intense focus on re-engineering the voting system in states where it holds control".[27] Benjamin Ginsberg, a prominent election lawyer for the Republican Party, has aired a similar sentiment, saying that "a party that's increasingly old and white whose base is a diminishing share of the population is conjuring up charges of fraud to erect barriers to voting for people it fears won't support its candidates".[78] Additionally, some Republican politicians and conservative commentators have simply argued that fewer people should be permitted to vote.[79][80][81]

This has led to a concerted effort to enact voting restrictions, particularly on mail-in and early voting, automatic and same-day voter registration, the use of ballot drop boxes, and voting without a photo ID.[5][27] It has been particularly pronounced in several swing states—especially traditionally red state that swung to Biden in the 2020 election like Georgia and Arizona—as well as in Texas, a red state that has long been viewed as trending towards the Democratic Party.[82][83][84]

  1. ^ Trump claimed, for instance, that "In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally".[39]
  2. ^ This continues a longstanding pattern of Donald Trump: he has falsely alleged on at least six occasions that an election was rigged against him or his preferred candidate, including the 2016 presidential election, which he won.[49][50]
  3. ^ The attempts to overturn the election have been described by some commentators and political scientists as an attempted coup d'état (technically a "self-coup" or "autogolpe").[51][52][53]

Bills edit

Alaska edit

The first bill to be heard in the 2021 session of the Alaska legislature was Senate Bill 39 , which would "partially dismantle voting-by-mail systems used by Anchorage, Juneau and other cities across the state", according to the Associated Press, by prohibiting cities and boroughs from automatically sending ballots to registered voters.[85] Supporters say it would strengthen the security of the state’s election system, while opponents have called it an attempt at voter suppression.[86]

Arizona edit

At least two dozen Republican voting measures have been introduced in Arizona.[87] A measure passed in the Arizona Senate would require voters to include photo identification with mail-in ballots (which account for 80% of ballots cast in Arizona).[88] Proposed bills include provisions that would limit or eliminate no-excuse absentee voting,[89] require signatures on absentee ballots to be notarized,[90] allow officials to purge voters on the Permanent Early Voting List if they have not voted in both the primary and general elections for two consecutive cycles,[90] require absentee ballots be turned in by hand rather than by mail,[91] preemptively forbid same-day voter registration (which the state does not currently offer),[91] outlaw private donations to help conduct elections, including for voter education,[91] and give the state legislature the power to choose the state's electors in the Electoral College, regardless of the outcome of the state's popular vote.[92]

A minor controversy erupted when Arizona State Representative John Kavanagh, who chairs Arizona’s Government and Elections Committee, said he believed "everybody shouldn't be voting...quantity is important, but we have to look at the quality of votes, as well" while defending recent Republican election law measures.[93][94][95]

Colorado edit

Republicans in Colorado have introduced five election-related bills since the 2020 presidential election.[96] The bills would repeal automatic mail ballots, require an annual audit of voter rolls, allow any voter to request a recount, require proof of citizenship to register to vote, and not count ballots received after Election Day, even if they are postmarked by Election Day.[96][97] With Democrats in control of both chambers of the Colorado legislature, the bills are not expected to pass.[96]

Florida edit

On February 19, 2021, Florida Governor Ron DeSantis introduced a slate of voting proposals focused largely on making vote-by-mail more restrictive.[98][99] These included a ban on vote-by-mail ballots from being automatically sent out to voters, restrictions on ballot boxes, stricter signature verification, a ban on ballot collection, a prohibition on counties accepting financial help from private organizations for get-out-the-vote initiatives, and a requirement that counties report voter turnout data in real-time.[99][100] DeSantis is also calling for a measure that would cancel current absentee ballot requests for the 2022 gubernatorial election.[nb 5][101] The state legislature's Republican leaders announced that they "join the Governor in his efforts to continue to make Florida the national leader on election integrity" and "look forward to working with him on this important issue".[99]

Opponents of the governor's agenda argue that DeSantis is using false claims of widespread voter fraud pushed by Donald Trump to advance voter suppression efforts that would advantage Republicans.[99] Arguing that the measures are politically motivated, they point out that Florida Republicans have praised the state's 2020 election as "the smoothest, most successful election of any state in the country", that the push to limit mail-in voting came only after Democratic voters outnumbered Republican voters in vote-by-mail for the first time in 2020, and that there is no evidence of widespread voter fraud in the 2020 election.[102][101]

Georgia edit

On March 1, 2021, the Georgia House of Representatives passed House Bill 531 on a party-line vote. According to the Associated Press, the bill would "require a photo ID for absentee voting, limit the amount of time voters have to request an absentee ballot, restrict where ballot drop boxes could be located and when they could be accessed, and limit early voting hours on weekends, among many other changes".[103] Most controversially, it would restrict early voting on Sundays, when Black churches traditionally run "Souls to the Polls" get-out-the-vote efforts;[104] according to The Economist, Black voter turnout is 10 percentage points higher on Sundays.[105] The efforts follow a controversial 2019 voter roll update that a report by the American Civil Liberties Union (ACLU) concluded likely wrongfully removed nearly 200 thousand people from voter rolls.[106]

Georgia voting rights groups argue that the bill targets Black voters,[107] with Democratic Party activist Stacey Abrams calling the bill a "redux of Jim Crow in a suit and tie".[108] On March 12, 2021, the Georgia Chamber of Commerce, an organization representing businesses based in Georgia like Coca-Cola and Home Depot, issued a statement opposing Republican voting reforms.[109]

Idaho edit

Republicans in Idaho have introduced bills that would make ballot collection a felony, bar absentee ballots except for active-duty members of the military for presidential elections, limit which forms of photo ID can be used to vote, and make it more challenging to qualify voter initiatives for the Idaho ballot.[110][111] While defending recent Republican voting proposals in the state, Representative Mike Moyle stated, "You know what? Voting shouldn’t be easy".[112]

The first bill to advance was the ballot collection bill (HB 88, introduced by Mike Moyle), which has been amended to be less restrictive.[113] Moyle has justified his bill by pointing to false claims of widespread voter fraud in the 2020 presidential election.[112]

Iowa edit

On March 8, 2021, Iowa governor Kim Reynolds signed into law a Republican-backed bill reducing early voting by 9 days,[nb 6] requiring most mail-in ballots to be received by Election Day,[nb 7] banning county election officials from sending out absentee ballot request forms unless requested,[nb 8] and shortening Election Day voting by one hour.[114] Republicans claim the bill is necessary to defend against voter fraud, despite no history of meaningful levels of fraud in the state.[114]

Kansas edit

A proposed bill would make it a felony for anyone besides a family member or caregiver to return another person's absentee ballot.[115] Another would disallow the Kansas Secretary of State from extending the deadline absentee ballots postmarked by Election Day must be received by the state,[nb 9][116] which critics worry could disenfranchise voters if the US Postal Service were to experience delays.[116] Another bill would call on Congress to oppose H.R. 1, a voting rights bill.[117] These bills come at the same time the state is being sued by the American Civil Liberties Union for $4 million worth of legal fees after the organization's successful five-year legal effort to overturn a Kansas law that required potential voters to prove their citizenship when registering to vote, which blocked the registrations of more than 35,000 eligible Kansas voters.[118]

Kentucky edit

Republicans in Kentucky have largely bucked the trend of state Republicans advancing partisan bills that would make voting laws more restrictive, instead backing a bipartisan bill that would make certain policies implemented during the coronavirus pandemic to ensure voter access permanent, including a short period of early voting (prior to the pandemic, Kentucky was one of only a few states not to offer early voting) and allowing voters to fix errors made on mail-in ballots.[119] This distinction was made explicit by the Republican Secretary of State, who told lawmakers, "In many other states right now, legislatures are debating restricting access of their voters to the ballot. Not here in Kentucky. What you all are debating today, and hopefully considering, is actually making it easier for our voters to vote".[119] The bill does also include certain election security provisions popular with Republicans nationwide, including a ban on ballot collection and rules making it easier to remove people who have moved out of Kentucky from the state's voter rolls,[119] but the bill is generally considered to expand voting access rather than restrict it.[120] The bill passed the Kentucky House of Representatives 93-4 in late February.[119]

Minnesota edit

Republicans in Minnesota are focusing their efforts on limiting the number of people who can vote by mail and requiring photo identification to vote.[nb 10][122][123] Due to the coronavirus pandemic, Minnesota introduced no-excuse mail-in voting, enabling a record 58% of Minnesota to vote by mail; several Republican proposals would revert Minnesota to its pre-pandemic system, which required voters to have a valid excuse to qualify for absentee voting.[122]

The Democratic Secretary of State Steve Simon criticized the voter ID bill as unnecessary, saying voter fraud in Minnesota is "minuscule" and that the ID requirement could disenfranchise "hundreds of thousands of eligible voters", particularly older people.[121] Republican-backed bills introduced in the state Senate, where Republicans have a majority, are unlikely to become law, owing to opposition in the Democratic-controlled state House of Representatives.[121]

Mississippi edit

On February 12, 2021, the Mississippi Senate passed Senate Bill 2588 in a party-line vote. The bill allows for quicker purging of names from voter rolls and requires county election commissioners to remove the name of any person who does not vote at least once during a four-year period and fails to respond to a mail notice.[nb 11][124] Estimates for the number of people who would receive notices, which if not responded to would result in removal from the voter roll, range from 250,000 to 600,000.[125]

State Republicans argue the bill would prevent voter fraud.[125] Opponents note that there is no evidence of widespread voter fraud in Mississippi and argue that the bill amounts to voter suppression.[125] The Mississippi branch of the American Civil Liberties Union (ACLU) has called the bill a "serious attempt at voter suppression".[124][126] Democratic state lawmakers have derided the bill, with state Senator David Jordan arguing that the bill could disenfranchise Black Mississippians[127] and state Senator Hob Bryan saying "For tens of thousands of people in Mississippi, eligible voters who haven’t done a thing in the world except choose not to vote in every single election and didn’t get a postcard, or whatever the thing is, they are going to be denied their right to vote by the tens of thousands".[124] A senior staff attorney for the Southern Poverty Law Center Action Fund has argued that the bill violates the National Voter Registration Act of 1993, which prevents voters from being removed from registration rolls for unnecessary or discriminatory reasons.[125]

Other bills introduced include HB 543, which would prohibit driver's licenses from states other than Mississippi from being used as photo identification for the purposes of voting, and MS SB 2254, which would require people attempting to register to vote to present a birth certificate, passport, naturalization document, or other method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986.

Missouri edit

In Missouri, which has voting laws that are among the strictest in the country,[128] at least 9 bills that would restrict voting access have been introduced.[129] The largest effort is to restore voter ID provisions that were struck down by the Missouri Supreme Court in 2020 as unconstitutional.[130] Such a photo ID bill was passed by the Missouri House of Representatives on February 24, 2021.[131]

Montana edit

In March 2020, in a party-line vote[132] the Montana House passed a bill that would end same-day voter registration, which has been offered in the state since 2005, and instead require voters to register by noon on the Monday before Election Day.[133] Supporters say it would ease the workload of election officials on Election Day, while critics say it would unnecessarily eliminate an effective voting measure and may disproportionately impact Native Americans living on tribal reservations.[134][133]

Another proposed bill would make Montana's voter ID laws more stringent, requiring voters to present a second form of identification when using certain forms of photo identification that are currently accepted, like student IDs.[135] Opponents say the bill could disenfranchise otherwise eligible voters, including college students and disabled or elderly people who don’t drive, and would disproportionately affect Native Americans.[135]

Some Republicans are backing a bill introduced by Democrat Sharon Stewart Peregoy that would make voting easier for Native Americans by requiring at least two satellite elections offices on every reservation and allowing tribal citizens to vote using a nontraditional address on their reservation.[136][137]

Nebraska edit

A bill introduced by Republican state senator Julie Slama (LR3CA) would require photo identification to vote.[138] Slama also proposed a second bill (LB76) that would revert the state to a winner-take-all system in the Electoral College.[nb 12][139]

New Hampshire edit

With more students per capita than any other state (fully 12% of the state's overall population are university students), Republican efforts have focused on student voting.[nb 13][141][142] As reported by Abigail Weinberg in Mother Jones:

After Republicans took control of the state’s legislature in 2020, House lawmakers introduced three bills restricting student voting: HB 554, HB 362, and HB 429. HB 554 prevents people from voting in New Hampshire if they maintained a domicile address in another state; HB 362 forbids students from registering to vote at their college address; and HB 429 prohibits the use of a college ID as a voter ID.

As of February 8, 2020, at least seven other bills that would restrict voting access have been introduced.[143] Another bill would end the winner-take-all system for New Hampshire's electoral votes in the Electoral College, replacing it with district system similar to Maine's.[nb 14][144]

North Carolina edit

In March 2021, several Republican lawmakers introduced Senate Bill 326, also known as the "Election Integrity Act", which would reduce the amount of time voters have to turn in absentee ballot requests by one week, require absentee ballots be received by 5pm on Election Day (existing law allows ballots that are turned into the Post Office by Election Day to be received by county officials up to three days after Election Day), and prohibit county boards of election and the state board of election from accepting private donations to administer elections.[145][146] It would also set aside $5 million from the state's General Fund to help those without a photo ID obtain one (North Carolina requires a photo ID to vote).[145] Several Democrats have registered their opposition to the bill, with State Senator Don Davis (D) saying "I believe that we should make it easier. If that ballot is cast by Election Day, then that ballot should be counted."[147]

Context: [148] [149] [150]

North Dakota edit

Republicans have introduced a number of bills that would tighten election laws. House Bill 1289 would lengthen residency requirements, House Bill 1312 would place additional restrictions on who can vote absentee, and House Bill 1397 would adjust the congressional redistricting process.[151] Senate Bill 2271, introduced by Republican Senator Robert Erbele and passed 43-3 (Republicans hold a 40 vote majority in the Senate), would withhold the state’s vote count from the public until after votes in the Electoral College have been cast; the measure is intended to prevent the implementation of the National Popular Vote Interstate Compact, a multi-state agreement to implement a national popular vote for the election of the president.[nb 15][152]

Oklahoma edit

In February 2021, Republican State Representative Sean Roberts introduced two election-related bills, one that would prohibit the use of electronic voting machines and another that would require all registered Oklahoma voters to re-register before the next general election.[153] In November 2020, shortly after the 2020 presidential election, two Republican Senators introduced a bill that would "call on the legislatures of each state that did not report results on Election Day to use their power to audit and recount their election results" and another that would require the Oklahoma state legislature to select the state's electors for the Electoral College—rather than have the state's electors determined by the statewide popular vote—unless Congress were to pass an election integrity bill.[154]

Pennsylvania edit

In Pennsylvania, at least 8 laws that would restrict voting access have been introduced.[155] A central focus of Republicans in the state in 2021 has been eliminating no-excuse absentee voting, which was enacted in 2020 in a bipartisan vote.[156][157][158] Bills tightening voting laws are not expected to pass in Pennsylvania, as the state's Democratic Governor has stated he is "opposed to any efforts to disenfranchise voters".[159]

South Carolina edit

Republicans in South Carolina are advancing a bill that would make it harder for voters to meet witness requirements for absentee ballots.[160] Another bill (H.3444) would tilt the partisan balance of the State Election Commission towards the Republican Party (shifting it from a 4-4 split to 6-3 in favor of Republicans) while simultaneously granting the Commission greater power to regulate election procedures.[161]

South Dakota edit

Republicans in South Dakota are pushing a series of bills that would make election laws more stringent, including one (passed by the state House) that would bar the secretary of state from sending out applications for absentee voting and another that would increase scrutiny of ballot initiatives.[162][163] Republicans say the bills are needed to prevent fraud that Donald Trump falsely claimed affected the 2020 presidential election, while state Democrats say they are worried Republicans are used falsehoods to clamp down on voting access.[162]

Tennessee edit

Over 60 voting-related bills have been proposed in Tennessee since the 2020 presidential election.[164] One, introduced by Republican state Senator Janice Bowling, would abolish early voting, end the use of voting machines, and require watermarked paper ballots hand-marked by voters;[165] the bill was later withdrawn.[166] Another would require proving a fingerprint to vote.[167] Another would require the names of people who request an absentee ballot to be posted to the county election commission website.[164] The Republican-dominated state House is also moving forward with a bill that would remove the judge who approved an expansion of absentee voting in the 2020 presidential election.[168]

Texas edit

In Texas, which has voting laws that are among the strictest in the country,[169] state GOP Chairman Allen West declared that "election integrity" would be a top priority in the 2021 legislative session.[170] This was affirmed by Republican Governor Greg Abbott, who declared "election security" to be an emergency legislative item.[171] By February 1, 2021, eight bills that would reduce voting access had been introduced,[170] including House Bill 25 and Senate Bill 208, which would limit who can send absentee ballot applications to voters without an affirmative request;[172] House Bill 1924 and House Bill 335, which would expedite removal of deceased persons, the mentally incapacitated, and those charged with felonies from voter rolls; House Bill 61, which would tighten signature requirements on absentee ballot requests; House Bill 329, which would require the Texas secretary of state to cross-reference its voter registry with the U.S. Department of Homeland Security’s non-citizen resident database at least twice a year;[170] and House Bill 895, which would allow election officials to photograph the faces of voters if the officials questions the authenticity of the documentation presented by the voters.

In March 2021, Texas Republicans rolled out a slate of "restrictive election bills".[173] Among over two dozen proposals,[174] Republicans have introduced initiatives to make voter ID laws more stringent, cut early voting hours in urban areas, restrict drive-through voting,[nb 16] ban sending absentee ballots to PO boxes, and increase criminal penalties for fraud or mistakes made by voters or officials.[nb 17][173][176] Republicans argue these bills are necessary to prevent voter fraud, despite fraud being nearly nonexistent in the state.[nb 18] According to ABC 13, "At a press conference in Houston, Abbott served up the opening salvo in the Texas GOP's legislative response to the 2020 election and its push to further restrict voting by taking aim at local election officials in the state's most populous and Democratically controlled county. The governor specifically criticized officials in Harris County for attempting to send applications to vote by mail to every registered voter and their bid to set up widespread drive-thru voting, teeing up his support for legislation that would prohibit both initiatives in future elections."[178]

According to The Texas Tribune:[179]

If legislation they have introduced passes, future elections in Texas will look something like this: Voters with disabilities will be required to prove they can't make it to the polls before they can get mail-in ballots. County election officials won’t be able to keep polling places open late to give voters like shift workers more time to cast their ballots. Partisan poll watchers will be allowed to record voters who receive help filling out their ballots at a polling place. Drive-thru voting would be outlawed. And local election officials may be forbidden from encouraging Texans to fill out applications to vote by mail, even if they meet the state’s strict eligibility rules.

Washington edit

Two bills introduced by a number of Republican state lawmakers (Senate Bill 5143, House Bill 1377) would limit or eliminate all-mail voting, which has existed in Washington since 2012.[180] The bills cite false claims that there were "credible allegations of voter fraud, ballot tampering, and foreign interference" in the 2020 election as justification for the overhaul of the state's election system.[180][181] Another bill would require photo identification to vote by mail.[180]

Wisconsin edit

In Wisconsin, Republican are supporting a series of bills intended to limit absentee voting (some are also backing bipartisan election reforms that would institute ranked choice voting and open primaries).[182][183] The measures on absentee voting were introduced by two Republican state senators on February 24, 2021 as a package of 10 bills. Important provisions include those that would require absentee voters to provide an ID for every election and limit who can automatically receive absentee ballots.[182] The bills also include new regulations on ballot boxes, bar election officials from adding missing information, like an address, to a voter's absentee ballot envelope (even if they have access to official government documents that provide the missing information), restrict ballot collection to immediate family members, and prohibit people who work for political advocacy groups from serving as poll workers.[183]

Responding to a political controversy over indefinitely confined voters (voters who have a medical condition) in the 2020 presidential election,[nb 19] the lawmakers included a significant number of provisions related to indefinitely confined voters, including:[183]

  • Eliminating the voter ID exemption for indefinitely confined voters
  • Requiring indefinitely confined voters to affirm they are medically afflicted under oath
  • Requiring indefinitely confined voters who are over 65 to provide documentation from a health care provider
  • Clarifying that a pandemic or other outbreak of a communicable disease does not qualify voters as indefinitely confined
  • Removing anyone who qualified for indefinitely confined status between March 12 and November 6, 2020 from the list of indefinitely confined individuals
  • Making it a felony, punishable by up to $10,000 or imprisonment for up to three and a half years, for falsely declaring oneself indefinitely confined.

One of the Republican lawmakers who introduced the bills says they are necessary because "far too many people have sincere concerns about our electoral system...These bills will help restore trust and make sure our elections are handled fairly for everyone."[185] Wisconsin Democrats have meanwhile labelled them an "attack on voter rights",[185] with the three Democratic members on the Assembly Elections Committee going so far as to say they are a "full-on assault on our elections and the ability for Wisconsinites to vote".[182] Republican leaders in the state say the measures represent a legislative priority for them and intend to move forward with the bills, even though Democratic governor Tony Evers is unlikely to sign them into law (according to the Associated Press, the measures are intended to show "what [Republicans] may try to enact if a Republican is elected governor in 2022."[182]).[186]

Wyoming edit

On February 8, 2021 the Wyoming Republican Party published a resolution calling for a significant tightening of the state's election laws, including a ban on mail-in voting, curbside voting, and ballot drop boxes, strict limits on who qualifies for absentee voting (currently, the state has does not require an excuse to vote absentee), a requirement that people register to vote in person rather than on the internet or by mail, and a prohibition of electronic voting machines.[187] According to the Casper Star-Tribune, the resolution "parrot[s] numerous concerns pushed by former President Donald Trump, who claimed numerous instances of voter fraud in several states he lost despite providing no evidence to support those claims".[187] The state party has also called H.R. 1, a federal voting rights and campaign finance reform bill, a "federal invasion" of states' rights.[188]

Currently, Republicans lawmakers are considering a bill (HB 75) that would require a photo ID to vote.[189] Supporters say the bill is necessary to prevent voter fraud, despite no evidence of significant levels of fraud in the state (there have been only four convictions for voter fraud in the state over the past several decades[190]).[189]

Effects edit

There is debate over the effects Republican proposals would have. Available evidence on the effects of forms of voting being targeted by Republicans are as summarized below:

  • Mail-in voting: Studies have tended to show that mail-in voting modestly increases voter turnout, particularly in midterm elections.[191] Studies of the 2020 presidential election found that mail-in voting did not produce a partisan benefit for either party.[192][193]
  • Voter ID: Studies on voter ID have tended to show that voter ID laws have no detectable effect on voter fraud (which is already exceedingly rare) and little to no effect on voter turnout—though certain studies have found a depressing effect, particularly among minorities.[194][195][196] Estimating the effects of voter ID laws, however, is complicated, and strict voter ID laws are only a recent phenomenon, leading some researchers to conclude that further election data is needed to conclusively pin down the effects of voter ID.[197] What is certain, however, is that among people in the United States without photo ID (in Michigan, for example, there are roughly 28,000 registered voters without photo ID, or 0.6% of registered voters), racial minorities make up a disproproportionately large number of them—with one study estimating that nonwhite voters were between 2.5 and 6 times as likely as white voters to lack voter ID.[197]
  • Early voting: Analysis by FiveThirtyEight has concluded that, while early voting shifts when many voters cast their ballots, it has little effect on turnout.[198] It does, however, appear to lead to shorter lines and fewer ballot errors.[199]
  • Automatic voter registration: Automatic voter registration increases the number of people registered to vote[200] and appears to modestly increase turnout.[201]
  • Same-day voter registration: Same-day registration appears to modestly increase voter turnout,[202][203][204][205][206] with a 2004 summary of the literature finding that the impact of same-day registration on voter turnout is "about five percentage points".[207]

There is also debate on how voter turnout affects the results of election. The traditional view is that high turnout benefits the Democratic Party while low turnout benefits the Republican Party (this is one reason Republicans have tended to favor voter restrictions). However, in recent years, studies have tended to find that higher turnout has little partisan effect.

Much of the debate over Republican voting restrictions has focused on the substantial increase in mail-in voting in the 2020 presidential election. Two studies, one by researchers at Stanford University and another by political scientist Alan Abramowitz, concluded that increased mail voting did not benefit either party. The Stanford study found mail voting had little to no effect on turnout, so the conventional logic would have it that reducing mail-in voting does not benefit Republicans because it has minimal effect on turnout (at least in presidential election years—the researchers did find a 1–2% increase in midterm elections); the study by Abramowitz, by contrast, did conclude that expanded mail voting resulted in modest increases in turnout, even in presidential election years, but contrary to the conventional wisdom that higher turnout benefits Democrats determined that there was no benefit for either party. Abramowitz even commented directly on Republican voting reform efforts, saying that "these findings suggest that efforts by Republican legislators in a number of states to roll back eased absentee voting rules and make it more difficult for voters to take advantage of absentee voting in the future are unlikely to benefit GOP candidates".[192]

Relation to H.R. 1 edit

Main article: For the People Act

Many of the proposals being advanced by state Republicans would be prohibited under the For the People Act (H.R. 1), a voting rights bill currently being taken up in the Senate after it was passed in the House of Representatives on a nearly party-line vote (one Democrat voted against) in early March.[208][209] The bill would mandate automatic and same-day voter registration, require states to offer 15 days of early voting, expand mail-in voting, and place restrictions on voter ID laws and so-called "voter roll purges", among other things.[210]

The legislation will almost certainly face a filibuster by Senate Republicans,[209] making it unlikely the bill will pass unless Senate Democrats reform Senate rules related to the filibuster.[211]

See also edit

Notes edit

  1. ^ This is a sixfold increase in the number of bills that would restrict ballot access compared to the same time in 2020.[3]
  2. ^ According to an NPR/PBS NewsHour/Marist poll, while more than 60% of Americans believe the 2020 election was secure, a large majority of Republican voters say they do not trust the results of the 2020 election.[6]. According to a poll by Quinnipiac, 77% Of Republicans believe there was widespread voter fraud.[7]
  3. ^ While it is commonly thought that higher voter turnout disadvantages Republicans (e.g. Donald Trump claimed that high voter turnout would mean "you'd never have a Republican elected in this country again."[11]), in recent years evidence of the phenomenon has been mixed.[12][13]
  4. ^ No evidence has been found of significant levels of fraud. This has been affirmed by multiple reports, including:
    • Report from the Cybersecurity and Infrastructure Security Agency (CISA): "The November 3rd election was the most secure in American history...There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised."[16]
    • Conclusion of the United States Justice Department: According to then-Attorney General William Barr, the Justice Department found no evidence of widespread voter fraud that could change the outcome of the 2020 election.[17]
    • Conclusion of the Federal Bureau of Investigation (FBI): According to Director of the FBI Christopher Wray, "We have not seen, historically, any kind of coordinated national voter fraud effort in a major election, whether it's by mail or otherwise."[18]
    • Election observers from the Organization of American States: According to Business Insider, "A team of 28 international election observers said it found no evidence of voter fraud in the 2020 election".[19]
    • Election officials: According to the New York Times, "Election officials in dozens of states representing both political parties said that there was no evidence that fraud or other irregularities played a role in the outcome of the presidential race".[20]
    • Courts: Over 50[21] court cases were launched challenging the results of the 2020 election. No judge found evidence of significant voter fraud.[22]
  5. ^ Under existing Florida law, requests for absentee ballots last for two general elections. The proposal by DeSantis and state Sen. Dennis Baxley would make requests good for only one year, and they plan to make it retroactive—meaning any requests made after the 2018 general election, which would have applied through the 2022 election, would be cancelled.[101]
  6. ^ This follows a 2018 bill backed by Republicans that shortened early voting by 11 days.[114]
  7. ^ Previously, ballots postmarked by Election Day (i.e. they had been turned into the Post Office by Election Day) could be received up to one week after Election Day.
  8. ^ In some areas, absentee ballot request forms are automatically sent out to all voters.
  9. ^ The deadline is three days after Election Day.
  10. ^ In 2012, a ballot initiative to amend the state constitution to require photo ID to vote was rejected by voters.[121]
  11. ^ This tightens existing law, which only allows a voter's name to be removed from the rolls if they've died, moved, been judged mentally incompetent or been convicted of a disenfranchising crime.[124]
  12. ^ In Nebraska, the statewide popular is almost always won by the Republican presidential candidate. Under the winner-take-all system common to nearly all other states, this would give the Republican candidate all of the state's electoral votes. However, the state's district system resulted in one electoral vote being awarded to Democratic candidate Barack Obama in 2008 and one to Democratic candidate Joe Biden in 2020.[138]
  13. ^ Students tend to be a liberal-leaning coalition.[140]
  14. ^ In New Hampshire, the Democratic candidate for president tends to win the statewide popular vote, collecting all four of the state's electoral votes. Had New Hampshire had a district system in 2016, as Republicans now want, Donald Trump would have been awarded one of the state's electoral votes, rather than none.[144]
  15. ^ The National Popular Vote Interstate Compact (NPVIC) makes clever use of the rules of the Electoral College to implement a national popular vote without actually abolishing the Electoral College, which would require a constitutional amendment. Under the agreement, once states collectively having over 270 electoral votes (a majority in the Electoral College) sign on to the NPVIC, they agree to award all of their electoral votes to the winner of the national popular vote, thereby guaranteeing that the winner of the popular vote receives a majority of votes in the Electoral College. Senate Bill 2271 would thwart the NPVIC by preventing North Dakota's election totals from being added to the national vote count, making it impossible to determine the national popular vote.
  16. ^ The targeting of drive-through voting is likely directed at Harris County, a strongly Democratic county that includes Houston, Texas, which was one of the few counties in Texas to offer drive-through voting. Republicans had previously sued to have over 100,000 ballots cast in drive-through voting centers tossed out.[173] In March 2021, Governor Greg Abbott directly targeted election procedures in Harris County.[175]
  17. ^ Under existing law, voter fraud in Texas is a felony punishable by between 180 days and two years in state jail.[171]
  18. ^ Texas Attorney General Ken Paxton devoted more than 22,000 staff hours to investigating voter fraud in the 2020 presidential election, only to find 16 minor cases of voter fraud out of the more than 11 million votes cast.[177]
  19. ^ Differences in how counties approved claims of indefinitely confined status in the 2020 election led to lawsuits by Republicans seeking to have mail-in votes in predominately Democratic cities thrown out for not meeting the criteria for indefinitely confined status. In December, the Wisconsin Supreme Court ruled unanimously that the votes were valid and that, under existing law, it is up to each voter to decide whether they qualify as indefinitely confined.[184] Now, Republicans want to tighten the rules regarding who qualifies as indefinitely confined.

References edit

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External links edit

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