OTHER LEGISLATIVE
UPDATES

August 2024 

As we approach the 2024 Presidential Elections and ballots that contain other critical local, state, and federal elections as well as important ballot initiatives for voters to consider and decide upon, EPU felt it important to focus this month’s Legislative Update on issues related to democracy and voting. It is more important than ever to exercise your right to vote. Voting is the bedrock of our democracy, empowering us to shape the direction of our country, hold our leaders accountable, and ensure that our voices are heard. The significance of this year’s election cannot be overstated, and every eligible voter must take part in this crucial process.

In recent years, we have witnessed a troubling rise in legislation rooted in the baseless claims of widespread election fraud, commonly referred to as the “Big Lie.” Despite the fact that multiple audits, investigations, and court rulings have consistently upheld the integrity of our elections, these false narratives continue to gain traction. This has led to an increase in restrictive voting laws, many of which disproportionately affect communities of color, low-income voters, and other marginalized groups. The weakening of the Voting Rights Act (VRA) has only exacerbated this issue, with many states – especially those in the South – enacting laws that make it more difficult for millions of Americans to access the ballot box.

While legislative energy is being expended on enacting bills to address a problem that doesn’t exist, the real and pressing needs of marginalized and low-income communities continue to go unaddressed. Instead of focusing on expanding access to healthcare, improving education, or creating economic opportunities for those who need it most, lawmakers are diverting resources to fix a non-existent problem. This not only undermines our democracy but also perpetuates inequalities that continue to harm our most vulnerable communities.

As we move toward the 2024 Elections, it is crucial to remain vigilant against the rise of restrictive voting laws and misinformation that threaten the foundation of our democracy. By exercising your right to vote and ensuring your registration is up to date, you are taking a stand for a more just, equitable, and inclusive society. Our democracy is strongest when everyone participates, and together, we can ensure that it remains resilient in the face of these challenges.

We wanted to remind everyone that to prepare for the upcoming elections, it is essential to verify your voter registration status. Laws and regulations surrounding voter registration can and have been changing, and the requirements vary by state. We’ve included a few examples of laws enacted in the 2024 legislative sessions across the South that have an immediate effect and may impact your rights related to casting your vote in November 2024. Now is the time to visit your state’s voter registration website or contact your registrar of voters to confirm your registration and ensure that your voice can be heard in this year’s elections.



Imposes Additional Restrictions

Senate Bill 1 introduces new restrictions on the mail ballot application process and creates related criminal offenses for violations, creating new barriers for Alabamians who vote through absentee ballots. Third parties are now prohibited from returning completed mail ballot applications unless designated by a voter needing emergency treatment, and the new law imposes penalties for violations, including misdemeanors and felonies for prohibited payments related to handling mail ballots. The bill also modifies the requirements for the mail ballot application process. Several organizations joined together to file a federal lawsuit to block the law as violating the First and Fourteenth Amendments of the Constitution, the Voting Rights Act, and the Help America Vote Act of 2002. As of the date of this update, a federal judge recently narrowed the scope of the lawsuit.

Improves Voting Access and Administration

House Bill 135 is related to administrative procedures for changing a voter’s party affiliation and prohibits election supervisors from making such changes without a voter’s written consent. The new law also requires that the DMV provide a printed receipt to patrons including any registration information and any changes to party affiliation. This is important because Florida has closed primaries based on party affiliation, so someone who has been marked as not having a party affiliation would not be able to vote in a primary election.

Impose Additional Restrictions

Senate Bill 189, House Bill 974, and House Bill 1207, all enacted during the 2024 legislative session and signed into law by Governor Brian Kemp, significantly alter the state’s election process ahead of the 2024 elections. S.B. 189 notably eases the process for residents to challenge others voters’ eligibility and shortens the period during which voters can be removed from rolls, raising concerns about voter suppression. Additionally the law includes provisions such as removing QR codes from ballots and allowing presidential candidates on the ballot if they’ve qualified in at least 20 other states, potentially affecting the 2024 election landscape. H.B. 974 makes all ballots available for public inspection via the Secretary of State’s website (removing personally identifiable information), seemingly in response to calls after the 2020 election for more citizen-led voting audits. H.B 1207 prohibits non-citizens from being hired for election-related duties, expands poll watchers’ access to polling places and tabulation centers, allowing them to observe all activity conducted and stand as close as practicable to the observed activity “so as to be able to see and hear the poll worker or election official being observed.”

Improves Voting Access and Administration

House Bill 580 makes it easier for voters to access excuse-required in-person early voting, and expands the availability of mail-in ballots, including for incarcerated individuals. Previously, only Uniformed Overseas Citizen voters could use excuse-required early voting if they would be away on Election Day, while other voters had to meet stricter criteria. Now, any voter unable to vote in person on Election Day or during the general early voting period can take advantage of an additional early voting period, and the law also removes the requirement for pregnant voters in their last trimester to provide proof of pregnancy to vote early in person.

Impose Additional Restrictions

Louisiana’s newly-elected Secretary of State Nancy Landry presented a legislative package to the Louisiana Legislature during the 2024 regular session that set forth her vision for “election integrity” measures that needed to be implemented to ensure election integrity in the state. The package was overwhelmingly successful and created several new requirements related to absentee voting, voter registration, and more. Here are a few that are important to note:

  • House Bill 506 – This new law requires organizers to register with the Secretary of State’s office before conducting voter registration drives. The law impacts voter advocacy groups and mandates that completed registration forms be submitted to parish registrars within 30 days or by the close of registration for the next election.
  • Senate Bill 436 – This new law now requires that proof of citizenship be provided when voters are registering with the state’s voter registration form. It must be noted that the law is silent about voters’ choices to use the federal voter registration form which does not require proof of citizenship. Prior law only required an attestation to U.S. Citizenship, not actual proof. The new law also expressly prohibits voter registration by anyone who is not a U.S. Citizen. Despite the successful passage of this law, Louisiana Governor Jeff Landry recently issued an Executive Order related to the prohibition against non-citizens voting. As noted in the article, only 48 noncitizens have been removed from the voter rolls since 2022. 
  • Senate Bill 218 creates a new prohibition on giving an absentee ballot application to more than one person who isn’t an immediate family member and makes it illegal to distribute the request forms to anyone who didn’t ask for one. Additionally, this new law includes a broad provision that bans any activity that facilitates the distribution or collection of absentee ballot applications or ballots in violation of the law.
  • Senate Bill 155 and House Bill 476 are both related to providing assistance to voters who vote via absentee ballot. Senate Bill 155 restricts assisting with multiple absentee ballots to only those helping immediate family members. Senate Bill 218 requires anyone assisting a voter to disclose their address, relationship to the voter, and whether they were paid for their help. It also limits submitting multiple mail-in ballot applications to cases where the person is assisting immediate family members. Similarly, House Bill 476 limits people to mailing more than one absentee ballot unless it’s for immediate family members.

Mississippi saw measures passed that both imposed some additional prohibitions but also expanded voting access. 

Improves Voting Access and Administration

  • Senate Bill 2576 eliminates the need for photo IDs to be current; they simply need to be valid, which the bill defines as either having no expiration date or being issued within the last 10 years when presented. However, there are exceptions for student IDs and licenses to carry a pistol or revolver, which must be both current and valid.
  • House Bill 1406 introduces additional legitimate reasons for mail-in voting, such as being incarcerated in a local jail or prison or being on-call during election day voting hours. It also does away with the requirement for signature matching for mail-in ballots that are completed and submitted in person at a registrar’s office. Furthermore, the law prevents election officials from discarding a mail ballot simply because part of the voter’s signature extends beyond the designated signature box 

Imposes Additional Restrictions

  • Senate Bill 2425 now specifies that only certain third parties, such as a “caregiver,” “family member,” or “household member,” are allowed to collect and submit a voter’s ballot. It also outlines exceptions for who can help blind, disabled, or illiterate voters with their ballots, banning assistance from the voter’s employer or their agents, union agents, candidates on the ballot or their relatives, and poll watchers on Election Day. 

Impose Additional Restrictions

  • Senate Bill 2586 imposes new regulations on third-party voter registration organizations, requiring them to register and disclose detailed information about their officers and agents, with registrations expiring post-election. The law mandates that these organizations provide a receipt to each registrant and prohibits certain actions, such as pre-filling application details, employing felons as registration agents, and altering registration forms without the applicant’s consent. Additionally, it obligates county elections commissions to supply voter registration forms that identify the third-party organization and requires the coordinator of elections to keep a publicly accessible database of all registered organizations and the forms provided to them.
  • Senate Bill 1967 tightens the timeline for mail ballot procedures by extending the application deadline from 7 days to 10 days before an election. The law also introduces a prohibition on processing any applications that arrive after this new deadline. Similarly, the deadline for registering on a permanent mail voter list is adjusted from 7 days to 10 days before an election.

The Texas Legislature only meets in odd-numbered years. There were a few measures passed during the 2023 legislative session worth mentioning here. 

Improve Voting Access and Administration

  • House Bill 1217 now requires that early voting hours for the last week of early voting be the same in all counties, no matter the population size of the county.
  • House Bill 315 requires an updated absentee ballot application now includes an explanation of the advantages of providing a phone number, such as aiding in the early voting process. Previously, the application allowed for optional submission of a phone number without clarifying its purpose.

Imposes Additional Restrictions

House Bill 1299 mandates that voters and anyone assisting them with a mail ballot must provide a physical, “ink on paper” signature. This new requirement explicitly bans the use of electronic or photocopied signatures, a detail not specified in previous law. Additionally, failing to comply with this ink signature requirement now carries a criminal misdemeanor penalty