It’s been a while since I’ve written a blog. Frankly, it has been a little overwhelming with the continued attacks on voting rights, trans kids, and immigration to name just a few.
But the one that finally got to me was the recent decision by the Supreme Court further eviscerating the Voting Rights Act. I spoke about Mark Brnovich, Attorney General of Arizona, et al., v. Democratic National Committee, et al. [i] in which the DNC challenged some discriminatory voting laws in Arizona. This case comes under section 2 of the Voting Rights Act. The earlier Shelby County case challenged section 5 of the VRA.[ii]
The two laws challenged are: a requirement that election officials discard ballots cast at the wrong location, and a law that prohibits “ballot harvesting”, where someone brings ballots to the polling place for others. It seems to me that if you were concerned with election integrity, you would want to make sure misplaced votes get to the proper place, not just throw them out.
The decision was 6-3 with the 3 liberal justices in dissent. The majority essentially held that Section 2 could be used to challenge a law only when it imposes substantial and disproportionate burden on minority voters, effectively blocking their ability to cast a ballot. So, if there is any other way for someone to vote, then these restrictions are acceptable.[iii] This will make challenging discriminatory laws much more difficult.
So, according to the court’s decision, Arizona’s restrictions are fine. As of June 21, 17 states enacted 28 new laws that restrict access to the vote. With some state legislatures still in session, more laws will certainly follow.[iv] Indeed, at least 61 bills with restrictive provisions are moving through 18 state legislatures. More specifically, 31 have passed at least one chamber, while another 30 have had some sort of committee action (e.g., a hearing, an amendment, or a committee vote). Overall, lawmakers have introduced at least 389 restrictive bills in 48 states in the 2021 legislative sessions.[v]
Some of the new restrictive laws as compiled by The Brennan Center [vi]
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Shorten window to apply for a mail ballot
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AL HB 538, AR SB 643, GA SB 202, IA SF 413, KY HB 574, OK HB 2663
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Shorten deadline to deliver mail ballot
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AR SB 643
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Make it harder to remain on absentee voting lists
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AZ SB 1485, FL SB 90
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Eliminate or limit sending mail ballot applications to voters who do not specifically request them
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GA SB 202, IA SF 413, KS HB 2332
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Eliminate or limit sending mail ballots to voters who do not specifically request them
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FL SB 90
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Restrict assistance in returning a voter’s mail ballot
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AR HB 1715, FL SB 90, IA SF 413, KS HB 2183, KY HB 574, MT SB 530
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Limit the number, location, or availability of mail ballot drop boxes
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FL SB 90, GA SB 202, IA SF 413, IN SB 398
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Impose stricter signature requirements for mail ballots
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AZ SB 1003, ID HB 290, KS HB 2183
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Tighten or impose voter ID requirements for mail voting
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FL SB 90, GA SB 202, MT SB 169
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Tighten or impose voter ID requirements for in-person voting
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AR HB 1112, AR HB 1244, MT SB 169, WY HB 75
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Expand voter purges or risk faulty voter purges
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IA SF 413, FL SB 90, KY HB 574, UT HB 12
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Ban snacks and water to voters waiting in line
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FL SB 90, GA SB 202
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Eliminate Election Day registration
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MT HB 176
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Reduce polling place availability (locations or hours)
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IA SF 413, MT SB 196
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Limit early voting days or hours
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GA SB 202, IA SF 413
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These restrictions are primarily driven by Republicans. As I have said, Republicans are using the excuse of voter fraud to justify these sweeping restrictions. No evidence has been brought to light suggesting that voter fraud is a substantial problem that needs to be so aggressively attacked.
Again, we need Congress to get moving and pass comprehensive voter rights legislation that will ensure every citizen’s right to vote is protected.
[i] https://communities.nysba.org/blogs/hubert-g-plummer-esq/2021/03/01/voting-rights-act-of-1965-before-the-supreme-court
[ii] https://communities.nysba.org/blogs/hubert-g-plummer-esq/2018/07/26/voting-rights
[iii] https://www.supremecourt.gov/opinions/20pdf/19-1257_g204.pdf
[iv] https://docs.google.com/spreadsheets/d/1-tZiTOTJkq4kDKPQtzLaQjtjWssP8B0zj36UlKq3P9g/edit#gid=342516381
[v] https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-may-2021
[vi] https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-may-2021
The author[s] is solely responsible for this blog submission. It does not represent the position of the New York State Bar Association or its Committee.