Voting Rights Struggles Face Legislative Hurdles

By Project Vote September 12, 2013
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New Project Vote Report Examines States’ Records in 2013

Washington, DC – In a report released today, voting rights organization Project Vote analyzes all of the voting related bills introduced, passed, or rejected across the country since the beginning of 2013, and finds that the trend towards disenfranchising legislation has not only continued but accelerated following the Supreme Court’s recent ruling on the Voting Rights Act.

According to the report, Election Legislation 2013: Legislative Threats and Opportunities, 32 states introduced laws that restrict voting. With the June 2013 Supreme Court decision in Shelby County v. Holder, which effectively removed a key protection of the Voting Rights Act, the next era in the struggle for voting rights begins now.

“The Voting Rights Act remains one of the most important achievements of the civil rights movement, and for almost 50 years has been a vital tool to protect voters from losing their right to cast ballots,” says Michael Slater, executive director of Project Vote. “Now, in the wake of the Supreme Court’s ruling, we are seeing states working harder to undermine these hard-won rights.”

Quickly following the Shelby ruling, North Carolina passed a bill that encompasses many of the worst modern-day voter suppression measures: requiring voter ID, restricting early voting, repealing same-day registration, and revoking policies to increase youth participation. Texas, likewise, reinstated its voter ID law following the Court’s ruling.

While the current wave of legislative attacks on voting rights has been underway since at least 2000, the current trend that has been growing more intense since the historic election of 2008, and has continued in the wake of the 2012 election. These last two federal elections saw high levels of voter turnout and significant gains in minority voting, but the periods following these elections have been marked by measures that would restrict the participation of eligible Americans.

Threats in Election Legislation

Election Legislation 2013: Legislative Threats and Opportunities details the numerous legislative attacks on voting rights this year. Harmful legislation proposed around the country includes bills that would block or hinder community-based voter registration drives, which have proven particularly effective at engaging minority voters. Six states proposed bills that restrict such drives, with problematic bills already passing in Virginia and Indiana.

“Voter ID continues to be one of the most controversial and pervasive election reforms in the nation,” according to report author Erin Ferns Lee. At least two-dozen state legislatures considered voter ID bills, with bills passing in four states. Requiring documentary proof of citizenship to register to vote has also been proposed in several states and at the federal level.

Many states have also attempted to roll back affirmative voting rights law. For example, North Carolina, Montana, and Wisconsin have proposed laws to eliminate or amend same-day registration policies. Several states have proposed cutting back or simply eliminating early voting. Virginia and North Carolina have proposed bills that would further restrict former felons from voting.

Opportunities in Election Legislation

On the positive side, many state legislators around the country are focused on making the process of voting more accessible. More than a dozen states introduced bills to make voter registration available online or at the polls on Election Day.

Newer methods of improving voter registration, such as electronic registration through government agencies, are also on the rise. Despite the growing partisan controversy over the issue, same-day registration (SDR) was proposed in at least 15 states and the United States Congress. Colorado and Maryland enacted SDR laws. Early voting—an election reform that has proven popular with voters—is also on the rise, with 21 states introducing bills to enact or expand early voting hours.

Preregistration laws allow citizens who are not quite of voting age to enroll early so that they will be automatically registered upon reaching voting age. The policy is gaining popularity, as 13 states introduced bills to enact or enhance preregistration laws during the 2013 legislative session.

A dozen states introduced bills to restore the voting rights of people convicted of felonies, particularly those who have already served their sentences. Delaware enacted the Hazel D. Plant Voter Registration Act, the second leg of a constitutional amendment to remove the five-year waiting period that people with a criminal history are forced to wait before having their voting rights restored.

Finally, an encouraging new trend is legislation designed to repeal or reduce the impact of recently-passed restrictive laws. Several states, and the U.S. Congress, have proposed legislation that would alleviate the harmful effect of strict voter ID laws, proof of citizenship requirements, and other disenfranchising laws.

“Creating a voting system that works for all eligible Americans should be the goal of every elected official,” says Slater. “Our democracy works best when everyone participates.”

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Report tables and maps are available here.