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Rosa�Mendoza

NAVIGATING VOTER LAWS�AND UNPACKING VOTER TRENDS

Global Strategy Group

@RnMendoza

Jessica�Furst Johnson

Holtzman Vogel

@JessFurst

Tom�Lopach

Voter Participation Center

Erin�Tibe

Sandler Reiff

MODERATOR

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REGISTRATION BY RACE

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VOTING RATES BY RACE

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REGISTRATION BY AGE (UNDER 35)

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VOTING RATES BY AGE (UNDER 35)

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REGISTRATION OF UNMARRIED WOMEN

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VOTING RATES OF UNMARRIED WOMEN

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BATTLEGROUND 2024: ARIZONA

How to Vote:

No-excuse vote by mail

Must be received by election day when polls close.

Early in person voting:

Begins 27 days before an election and ends the Friday before the election
Minimum of 18 days of early voting; Decisions on how many days are offered, how many locations, and the hours of voting are determined by each county.

Election Day Voting: 6am to 7pm

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BATTLEGROUND 2024: ARIZONA

Recently decided:

Lawsuit recently resolved re: state vs. federal voter registration forms.

State law that mandated the inclusion of birthplace on voter registration forms and required documentary proof of citizenship violated federal law. Can be registered as federal-only voters.
BUT upheld these requirements for voting in state/local elections

What to Watch?

Challenges to AZ’s Election Procedures Manual, which covers everything about voting in AZ from VR to certification.
County-level election admin lawsuits
Lawsuit challenging use of dropboxes

Feb 9, 2024: Republican Party lawsuit alleging SOS did not provide the public enough notice or opportunity to comment before implementing the EPM, in violation of Arizona’s Administrative Procedures Act. Republicans also allege that the 2023 EPM rules related to documentary proof of citizenship violate state law. The complaint argues that the EPM also violates state law because it does not require county recorders to research alternative government databases for a voter’s proof of citizenship, limits public access to a registered voter’s signature, allows voters to receive early voting ballots if they live out of state for specific elections, restricts the ability to challenge an mail-in early ballot before it is returned and allows out-of-precinct voting.

Conservative group filing lawsuits challenging counties’ election admin procedures saying they violate state law. Focused on signature verification, voter registration cancellations, and drop boxes. Ongoing. Pending motion to dismiss.

Lawsuit challenging use of Drop boxes in Arizona – ongoing. Pending motion to dismiss.

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BATTLEGROUND 2024: MONTANA

How to Vote:

No-excuse absentee voting

Must be received by election day to be counted.

Early in person voting (in-person absentee voting):

Begins not later than 30 days before an election, or May 6

Election Day Voting: varies by polling place; opens between 7a-12p, and closes at 8pm.
Photo ID required
Election Day registration permitted

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BATTLEGROUND 2024: GEORGIA

How to Vote:

No-excuse Vote by Mail

Must be received by election day when polls close

Early In Person

Begins the 4^th Monday before an election & ends the Friday before
Some but not all weekend days are mandatory EV days
Locations, hours, and times vary county by county

Election Day: 7am to 7pm

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BATTLEGROUND 2024: GEORGIA

Major Changes since 2020:

Shorter absentee (mail) ballot request period and new ID requirements
Reduced number of dropboxes that counties are permitted to provide
Dropboxes must be placed indoors and only available when EV is happening
Criminalized line warming**
Expanded ability to challenge voters’ registration eligibility

What to Watch?

Ongoing consolidated lawsuit challenging many of these changes.
Trial going on now over absentee ballot applications.

In Aug 2023, the ban against line warming was been temporarily enjoined, along with a requirement that absentee ballots be thrown out if there is a mistake in filling out birthdate – and those injunctions have since been appealed to 11^th Circuit. DOJ has also moved to intervene in the case.

Georgia Coalition for People’s Agenda v. Raffensperger (filed in 2018!) came down last week– dealt with the matching process used by the state for naturalized citizens when they register to vote. Use DMV records to check citizenship and requires additional proof if can’t be verified. Claimed this violated Sec 2 of VRA & NVRA. Judge ruled in favor of the state.

Trial began this week in challenge over state law placing restrictions on organizations from mass mailing absentee ballot applications. VPC is a plaintiff in the case.

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BATTLEGROUND 2024: NEVADA

How to Vote:

All mail election. Everyone gets a ballot (though you may opt out). Must be received by close of polls if by hand; postmarked by day before ED if mailed.
Early in person voting begins 17 days before ED and ends 4 days before ED.
Election Day Voting: polls open 7am to 7pm
Same day registration is available for voters with an ID. Online registration is also available through Election Day.
Valid photo ID required if you are not on the polling place list.

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Changes since 2020:

Election Worker Protection bill was enacted and is being challenged for being overly broad.
Election procedure manual was issued.
Filing deadlines for minor/independent candidates moved up 1 month.
Use of tribal ID cards now permissible for voter ID.
County clerks must now report data re: mail-in ballots and registered voters. Members of the public now have the right to observe.

What to watch?

Did RFK Jr. qualify for the ballot?
On March 18, GOP filed a lawsuit in federal court challenging SOS’s inadequate voter list maintenance practices. Democrats have intervened.

BATTLEGROUND 2024: NEVADA

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BATTLEGROUND 2024: WISCONSIN

How to Vote:

No excuse vote by mail:

Must be received by Election Day

Early In Person Voting:

Begins 14 days before an election and ends the Sunday before Election Day
Days, Times, Locations vary by municipality

Election Day: 7am to 8pm

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BATTLEGROUND 2024: WISCONSIN

What to Watch?

In 2022, Wisconsin Supreme Court found that the use of drop boxes was illegal under WI law. On Mar. 12 of this year, Court has voted to take the issue back up and has set arguments for May 13. We could see drop boxes again in time for the general election.�
Lawsuit filed on behalf of four individual voters challenging a Wisconsin law that requires absentee voters to complete their ballots in the presence of a witness who is a U.S. citizen and can attest to the voter’s eligibility.

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BATTLEGROUND 2024: OHIO

How to Vote:

No excuse absentee voting

May be returned in person by close of polls on ED, or postmarked the day before ED and returned no later than 4 days after ED.

Early in-person AB voting starts 28 days before ED; last day is Sunday before ED.
In person voting at polls from 6:30a-7:30p
Register at least 30 days before ED (address must be current)
Photo ID required

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BATTLEGROUND 2024: OHIO

Changes since 2020:

2023 law now requires in-person voter ID, a deadline for curing ballots (four days after ED), earlier deadlines to apply for/return ballots, restrictions on drop boxes (one per county), and no early voting the day before ED.

What to Watch?

Keep an eye on League of Women Voters of Ohio v. LaRose, challenging a provision in HB 458 that restricts people from assisting voters and returning absentee ballots. Court issued an expedited briefing schedule.

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BATTLEGROUND 2024: MICHIGAN

How to Vote:

No Excuse Vote By Mail – must be received when polls close on election day
Early In Person

Must be offered for at least 9 consecutive days and ends Sunday before the election.
Counties/municipalities may decide to provide up to 29 days total
Number of locations and days offered determined by local clerks. EV sites must be open for at least 8 hours, but specific times determined by local clerks

Election Day: 7am to 8pm

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BATTLEGROUND 2024: MICHIGAN

Ballot initiative/Constitutional Amendment changes:

9 consecutive days of EVIP
Online absentee ballot applications
Mandating at least one drop box per municipality
Established permanent vote by mail list
Expanded list of Voter IDs accepted

What to Watch?

Sep 2023 lawsuit seeking to nullify two pro-voting constitutional amendments (which mandated the above changes) – Judge dismissed the case last week.
Mar. 27 Republican Party lawsuit challenging absentee ballot signature verification system

Sep 2023 lawsuit filed by 11 Republican state legislators seeking to nullify two pro-voting constitutional amendments that were enshrined in the Michigan constitution via voter-approved ballot initiatives in 2018 and 2022, respectively. The GOP plaintiffs also challenge the “future use” of ballot initiatives that aim to enact amendments to the Michigan Constitution pertaining to regulation of the “times, places, and manner of federal elections.” Case was decided April 10 - Court dismissed the case.

Mar. 2024: Michigan law requires voters who wish to cast their vote by mail to sign applications for an absentee ballot. Local officials then verify the voter’s identity by comparing these signatures against the voter’s signature on file before approving the request for an absentee ballot. Once a Michigan voter casts an absentee ballot, local officials must again verify the voter’s signature on the return envelope of the ballot using the same signature matching process.

Lawsuit challenges guidance issued by MI SOS re: how to carry out the signature verification and takes issue with a “presumption of validity” of signatures.

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BATTLEGROUND 2024: PENNSYLVANIA

How to Vote:

No excuse mail-in voting available to all

May be returned in person by 8pm on ED

Early (AB in-person) voting available up to 50 days before ED, depending on the county.
Drop boxes available in certain counties but must be delivered by the voter themselves (unless deliverer is authorized in writing).
In person voting at polls from 7am-8pm
Register at least 15 days before ED
ID required for first-time voters (not necessarily a photo ID)

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What to Watch?

On March 27, the 3rd Circuit ruled that wrongly dated and undated ballots will not be counted. Unlikely that SCOTUS will stay this decision pending appeal. Stay tuned.
New laws from legislature are unlikely; keep an eye on county boards.

BATTLEGROUND 2024: PENNSYLVANIA

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WRAPPING UP: WHAT TO WATCH IN 2024?

Early voting: locations and times are subject to change (and political pressure)

Canvassing: know when and where (local officials have lots of discretion here) and expect earlier results

Electoral Count Act: new rules on certification deadlines and who must certify.

Expect things to change, and be ready to adjust!