Pro- and Anti-Voting Rights Legislation Sweeps US

WASHINGTON — The battle surrounding voting rights legislation is raging on as restrictive and expansive voting legislation is sweeping the country, according to a report by the Brennan Center for Justice, a left-leaning think tank and policy group. 

A webinar hosted by NewDEAL, a national organization that joins progressive state and local lawmakers, explored the national trends of both expansive and restrictive voting rights legislation.

New Mexico Secretary of State Maggie Toulouse Oliver spoke about the new expansive voting laws her state has enacted despite the “backslide” voting rights have seen since the 2020 presidential election. 

“One thing that I really want to emphasize is that we have not sacrificed security along the way,” Oliver said.

“We can walk and chew gum at the same time,” she added. “The idea that if you’re making it more accessible to vote, that you’re also sacrificing the integrity of the election process is a false dichotomy.”

New Mexico has passed laws that improve access to ballot boxes and allow tribal governments to make decisions around how, when and where people on tribal lands get to vote. 

Oliver also emphasized that the “purple” New Mexico has seen voting rights expansion like automatic and online voter registration implemented under Republican governance. 

Brennan Center’s Senior Director for Voting Rights and Representation Kareem Crayton discussed the center’s newly released “Voting Rights Roundup,” a report summarizing the legislative changes to voting rights seen this year. 

“One of the real disturbing considerations that we’ve seen is the effort by state legislatures to cut off opportunities for direct democracy,” Crayton said. 

He pointed to Arkansas, North Dakota and Ohio as examples of this, saying these states have passed legislation that will make it harder for citizens to create policy changes through vehicles like ballot measures. 

The report identifies restrictive legislation, election interference legislation and expansive legislation, along with legislative trends. 

It points to the loss of voting rights, saying, “The total of 13 restrictive laws enacted so far this year surpasses the total number of restrictive laws enacted in any year in the last decade except 2021.”

A graphic in the report illustrates that 11 states have enacted restrictive voting laws as of May 29.

However, it also mentions expansive legislation that improves access to voting.

“Between Jan. 1 and May 29, at least 13 states enacted 19 expansive laws,” the report states. These include laws that establish automatic voter registration, improve mail and early voting and even same-day registration.” 

The “Voting Rights Roundup” provides information on positive and negative legislative action across the country. 

It highlights Harris County, Texas, where targeted legislation is impacting election practices. During the 2020 general election, the Harris County elections administrator implemented innovative voting practices, providing 24-hour voting and drive-thru voting to combat the spread of COVID-19. 

Harris County was singled out in 2021 with a law that forbade 24-hour and drive-thru voting, along with the distribution of unsolicited mail-in ballots. Now, another bill is awaiting the governor’s signature that would remove the Harris County elections administrator position and place the duty on other county officials. 

Crayton also spoke to the future of voting rights legislation and providing protection for election officials. 

“As we look forward to the 2024 election, I want to just emphasize here that I think ideas to expand opportunity, and to essentially protect the people who protect us in our election system, are exactly the places where legislation should be focused,” he said. 

Democratic Senate Majority Leader for Connecticut Bob Duff spoke to the changes his state has made to make voting more accessible. The Connecticut state government has modified its constitution in an effort to expand absentee voting, which it previously did not allow. 

North Carolina’s Democratic state Sen. Jay Chaudhuri discussed Moore v. Harper, a Supreme Court case that deals with the “independent state legislature theory,” which says the state legislature has the sole authority to decide state laws around federal elections, such as drawing congressional district lines.

This case was based on attempted gerrymandering by Republicans in North Carolina. 

The forum concluded with a hopeful message from Crayton, that while he hopes to see more protections for election officials and an “intimidation-free” environment around elections, he is excited by the national push for voting rights. 

“There is a lot more energy about ways of improving access to the ballot box than there is on the other side,” he said.

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