STATES BEHAVING BADLY
PASSING LAWS TO RESTRICT VOTING
THIS IS WHERE WE NEED TO FOCUS OUR EFFORTS
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ARIZONA
Arizona legislatures passed three restrictive voting bills this year, and they have pre-filed at least one bill that would restrict voting access by imposing stricter identification requirements. Additionally, state legislators introduced three bills in 2021 that would have directly empowered partisan officials to reject or overturn election results. The state also conducted an infamous partisan election review this year, when it contracted a third party to audit Maricopa County’s 2020 election results. Despite no evidence of fraud, the review has drummed up false rhetoric around voter fraud and galvanized public officials to push for restrictive voting legislation.
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GEORGIA
Georgia passed S.B. 202, a restrictive omnibus law that criminalizes passing out water to voters waiting in line. The law also politicizes the state’s board of elections and grants the board new powers to remove professional election officials and seize control of election administration in specific jurisdictions, which could lead to partisan influence in the election certification process. Moreover, partisan actors sought to review the election results in Fulton County because of false allegations of fraud, despite the fact that state election officials conducted a statutory audit that led to a full hand count along with two machine counts.
Georgia has high-profile elections for secretary of state and governor in 2022. One candidate for secretary of state has repeated false fraud claims and voted not to certify the results of the 2020 presidential election, while two candidates for governor have explicitly stated that they would not have certified the results of the 2020 election had they been in office at the time.
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MICHIGAN
Michigan’s legislature passed — but the governor vetoed — three restrictive voting bills; 15 restrictive bills are carrying over into the 2022 legislative session; and the state has a gubernatorial race next year.
Additionally, partisan actors have turned to a ballot initiative to pass restrictive measures to bypass both the governor and the people. Due to a quirk of the Michigan Constitution, if a ballot initiative garners the required number of signatures of support (340,047), the legislature gets a chance to pass it in its own right. This means the majority of Michigan voters never get an opportunity to vote on the initiative, and the governor has no power to veto such an initiative if the legislature passes it.
Anti-voting activists are currently organizing a restrictive ballot initiative that would, among other things, eliminate the ability for voters who lack a voter identification to cast a regular ballot; require voters to put the last four digits of their Social Security number on their voter registration; require voters to provide their driver’s license number, state ID card number, or the last four digits of their Social Security number on absentee ballot applications; and prohibit either the secretary of state or local election officials from affirmatively sending absentee ballot application forms to voters. The number of signatures required to give the green light for the Michigan Legislature to roll back the voting rights of millions of Michiganders — unchecked by the governor or voters — is fewer than the actual number of votes separating the two major candidates in the state’s last gubernatorial election.
In one Michigan county, a partisan group was given access to voting machines to review the 2020 election results, despite the fact that Michigan has a robust, accurate risk-limiting audit system already in place. And lawmakers introduced a bill that would have allowed a member of a county board of canvassers to rescind their vote to certify the results of an election — which is exactly what President Trump sought in Wayne County after the 2020 election.
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PENNSYLVANIA
Pennsylvania’s legislature passed one wide-ranging restrictive bill this year, which the governor vetoed. Thirty restrictive bills are carrying over into the 2022 legislative session. The state also has a gubernatorial race next year. Four of the restrictive carryover bills are constitutional amendment proposals that would enable state legislators to get restrictive voting laws on the books without the governor’s review. (These proposals would need majority approval by the 2021–2022 and 2022–2023 state legislatures, and then majority approval from voters).
Further, officials in one rural Pennsylvania county agreed to a questionable partisan review of their 2020 election results by a private security firm with no previous experience auditing elections and funded by Sidney Powell, a Trump-affiliated attorney who pursued unsuccessful post-election lawsuits based on debunked conspiracy theories. A Pennsylvania state senator who was present at Capitol Hill during the January 6 insurrection has since used the “results” of this questionable review to push for further restrictive voting legislation.
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TEXAS
Texas passed S.B. 1 this year, one of the harshest restrictive voting bills in the country. The law makes it harder for voters with disabilities and language access barriers to obtain assistance, constrains election workers’ ability to stop harassment by poll watchers, and bans 24-hour and drive-thru voting, among other measures.
Texas legislators also introduced legislation this year that would have provided for the overturning of election results and that explicitly called for third party forensic reviews of the election results. Even without authorizing legislation, the secretary of state’s office launched an unnecessary audit into the 2020 election in four Texas counties. Even though routine audits had already occurred, documents published by the secretary of state’s office would allow for a manual count of votes in those counties, as well as an examination of other election records and voter lists.
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WISCONSIN, MISSOURI, NEW HAMPSHIRE, SOUTH CAROLINA, FLORIDA, TENNESSEE
Wisconsin’s legislature passed two restrictive voting bills this year, which the governor vetoed. Thirteen restrictive bills are carrying over into the 2022 legislative session, and the state has a gubernatorial race next year.
Wisconsin has also initiated an “investigation” into the 2020 election results. The effort lacks transparency, fairness, and credibility, and is being staffed by a well-known partisan operative with a prior history of spreading false claims of election fraud.
Missouri, New Hampshire, and South Carolina have each pre-filed at least one voting bill that would restrict access to the vote, as well as bills that would initiate or allow for partisan reviews of election results in 2022. Missouri also introduced legislation this past session that would have empowered partisan officials to overturn election results.
Florida and Tennessee have each pre-filed bills that would initiate partisan reviews of the 2020 election results in 2022.