Every State that’s Changing their Voting Laws as of September 2021

Doug Chayka

It’s as though every week another state is making headlines in their effort to push through voting legislation. While the integrity of the U.S. election system is no new debate, the 2020 election set in motion a wave of legislative review across states. Ahead of some high-profile Senate races next year, supporters will say changes are necessary to ensure the integrity of elections. Critics will say most of these laws suppress voters, particularly those of color.

Here at Voterly, we do the research so you don’t have to. We’ve broken down each state, so far, to pass revised voting laws.

Restrictive Bills

Arkansas | Act 249 & Act 257

In effect as of March 4, 2021

Arkansas kicked things off in early March, with a couple of bills related to voter ID requirements. They are set to pass another bill related to electioneering and polling places, but for now, here’s what’s official.

• Arkansas voters no longer have the option to vote provisionally if they do not have a photo ID. They must return to the county clerk’s office the Monday after election day with a photo ID, in order for their vote to be counted.
• Non-photo IDs are no longer valid as voter identification.

sources: bill text, AP News, Voterly’s Arkansas Voting Info Page

Iowa | S.F. 413

In effect as of March 8, 2021

Not long after Arkansas, the Iowa state legislature proposed a few bills related to voting, that were later narrowed down and incorporated into this omnibus bill. Here are the main takeaways.

• Early voting is reduced to 20 days before the election, as opposed to the previous 29.
• Absentee ballots are not to be sent out unless they’ve been requested.
• There is a maximum of 1 ballot dropbox per county at the auditor’s office, which is to be under 24-hour surveillance.
• Only the voter, an immediate family member, household member, or caregiver may return an absentee ballot via mail or dropbox at the auditor’s office.
• Absentee ballots must be returned by the close of polls on election day, as opposed to the previous deadline of the Monday following the election.
• Polls close at 8 p.m. on election day, as opposed to the previous 9 p.m. closure.

sources: bill text, ABC News, Voterly’s Iowa Voting Info Page

Georgia | S.B. 202

In effect as of March 25, 2021

They were probably the first state you’d heard passed voter legislation in the new year. Georgia sparked debate across the country, after passing one of the more restrictive voter laws since the 2020 Election. The omnibus bill comes out to 98 pages, so we’ll give you the reader's digest version.

• Georgia’s Secretary of State is removed as chair of the state elections board, and the replacement is appointed by the state legislature.
• Early voting is extended by a day, but poll hours are limited to 9 a.m. to 5 p.m., with discretion for counties to extend it from 7 a.m. to 7 p.m.
• A voter can request an absentee ballot a max of 78 days before Election Day, as opposed to the previous 180 days.
• A voter must submit their request for an absentee ballot no later than 11 days before an election, as opposed to the previous 4 days.
• A driver’s license number, state I.D. number, or the last four digits of their social security number are required to vote absentee.
• A minimum of one ballot dropbox is guaranteed per county, but each county is limited to one ballot dropbox per every 100,000 registered voters.

sources: bill text, The New York Times, Voterly’s Georgia Voting Info Page

Montana | H.B. 176 & S.B. 169

In effect as of April 19, 2021

Later in April, Montana Governor, Greg Gianforte, signed House Bill 176 into law. The seven-page bill is succinct in its effort to limit voter access. It officially ends same-day voter registration in the state, requiring that a citizen must be registered by the Friday prior to election day. S.B. 169 was also signed into law, revising voter ID laws. A voter is now required to have a government-issued photo ID or a state concealed carry permit to vote. This bill specifically affects students, who are no longer allowed to vote with their student ID. Anyone who cannot provide an approved form of ID must provide two other forms of identification, i.e. pay stubs, bank statements, utility bills, or other government documents that show the voter’s name and current address.

sources: bill text, Montana Free Press, Voterly’s Montana Voting Info Page

Utah | H.B. 12

In effect as of May 5, 2021

This law is rather concise and addresses what is called “voter purges.” It requires county clerks to cross-reference all death certificates against voter registration lists and remove the names of dead voters within 10 days. It does not notify anyone of the removal, leaving critics to argue that it could cause the wrong name to be removed from voter registration. Supporters believe it will prevent family members from receiving extra ballots in the mail.

sources: bill text, Brennan Center, Voterly’s Utah Voting Info Page

Florida | S.B. 90

In effect as of May 6, 2021

Just as the outrage surrounding Georgia slowed, Florida reignited the dispute with another omnibus bill. Governor DeSantis signed into law S.B. 90, legislation that addresses mail-in ballots, ballot boxes, and voter identification. Here’s what that means.

• A voter must have their state ID or the last four digits of their social security number in order to obtain a mail ballot. There is no alternative proof that can be provided.
• In order to receive a mail-in ballot, the voter must submit their request every 2-year election cycle rather than every 4.
• Ballots are prohibited from being mailed to residents unless they’ve submitted a request to vote by mail.
• Ballot drop boxes are to be located at a county voting office or an early voting location.
• Ballot drop boxes are to be staffed by a county employee during operating hours, lessening the hours that drop boxes are open.

sources: bill text, The New York Times, Voterly’s Florida Voting Info Page

Arizona | S.B. 1485

In effect as of May 11, 2021

In mid-May, the Arizona legislature passed S.B. 1485, addressing the distribution of mail-in ballots. Arizona’s mail ballot system is widely popular across the state, but will now be regulated with the use of the “Active Early Voting List,” previously titled the “Permanent Early Voting List.” The change in name reflects the new law, stating voters will be removed from the list if they do not vote by mail at least once in a two-year election cycle. Other provisions are expected to make their way through the Arizona legislature, the next one targeting signature matching when voting by mail. However, each provision is a separate bill, rather than sweeping omnibus bills we’ve been seeing from other states.

sources: bill text, CBS News, Voterly’s Arizona Voting Info Page

Kansas | H.B. 2332 & H.B. 2183

In effect as of July 1, 2021

After a hard-fought battle between the Kansas state Legislature and Governor Laura Kelly, the state will enact two election bills. Democratic Governor Kelly vetoed both bills back in April, saying in a statement that the bills are “a solution to a problem that doesn’t exist. It is designed to disenfranchise Kansans, making it difficult for them to participate in the democratic process, not to stop voter fraud.” Despite the Governor’s attempt to enforce her veto power, both the House and Senate had a two-thirds majority to override the veto. Here’s how voting in Kansas will change.

• The state executive and judicial branches are prohibited from altering election laws.
• The Secretary of State is barred from entering into consent decrees with state and federal courts to enforce or change election rules without approval from Kansas legislators.
• A person is limited to returning no more than 10 ballots on behalf of other voters, and they must be family members. This restricts current programs in Kansas that return ballots on behalf of poor, elderly, or disabled voters.
• Absentee ballot signatures must match the voter’s signature on file in the county, or it risks being thrown out.
• The act of falsely representing an election official is criminalized, and the crime of electioneering is expanded.

sources: bill text, AP News, Voterly’s Kansas Voting Info Page

Wyoming | H.B. 0075

In effect as of July 1, 2021

Wyoming’s latest voter law redefines what is a valid form of voter identification and now requires that a voter present this identification before voting at the polls. Previously, voters were only required to show proof of I.D. when registering to vote. Failing to present I.D. at the polls can result in the voter being challenged. Under H.B. 0075, valid forms of I.D. are as follows.

• Wyoming state driver’s license
• Tribal identification card issued by the governing body of the Eastern Shoshone Tribe of Wyoming, the Northern Arapaho Tribe of Wyoming, or any other federally recognized Indian tribe
• Wyoming identification card
• U.S. passport
• U.S. military card
• Driver’s license or identification card issued by any state or outlying possession of the United States
• Photo identification issued by the University of Wyoming, a Wyoming community college, or a Wyoming public school
• Valid Medicaid insurance card

sources: bill text, The Hill, Voterly’s Wyoming Voting Info Page

Texas | S.B. 1

Effective on the 91st day after the last day of the special legislative session.

After the failure to pass a voting bill earlier this year, the Texas legislature was called to a special legislative session where they eventually succeeded in passing S.B. l. Originally S.B. 7, Texas Republicans tried to pass a version of this bill in May. Four months later and while some provisions were compromised upon, the bill remains restrictive to voters. See the main points below.

• 24-hour voting centers are banned, and a county may only allow voting between the hours of 6 a.m. and 10 p.m. Along with this provision is the expansion of 12-hour voting on weekdays, allowing counties of over 55,000 people to have access to 12-hour voting, whereas previously only counties over 100,000 could offer that.
• Drive-thru voting is banned.
• If eligible to vote-by-mail (i.e. you’re either 65 and older, out of the county on Election Day, or disabled/too ill to vote in person) the voter must now provide their driver’s license number or the last four digits of their social security number on both their vote-by-mail application, and their envelope when they return their ballot.
• Election officials are banned from mailing unsolicited vote-by-mail applications to voters.
• Poll watcher powers are expanded; however, they do now have to complete a training before carrying out the position.
• Additional paperwork is required for those who will be assisting a disabled voter. They will also be required to take an oath.
• The Secretary of State is required to complete monthly voter roll checks, to ensure any ineligible voter is removed.

sources: bill text, The Texas Tribune, CNN

Expansive Bills

Kentucky | H.B. 574

In effect as of April 7, 2021

Amidst the battle over voting rights, Kentucky surprised the nation with a bipartisan bill that actually expands voter access. Keeping in mind Kentucky had some of the most restrictive voting laws in the country, the state became the first Republican-led legislature to pass expansive voting laws since the 2020 election. Being that it is bipartisan, there were of course compromises that made for additional limitations to voters as well. We’ve summed it up for you below.

• Establishes 3 days of early voting.
• Establishes an online portal where citizens can register to vote and request an absentee ballot. However, it limits the days in which a voter can request a ballot by requiring the request be due 14 days before the election, rather than the previous 7 days.
• Absentee voters have the opportunity to “cure” their ballot if a mistake was made, in order to have it count.
• Registered voters can vote anywhere within their county, regardless of precinct.

sources: bill text, The New York Times, Voterly’s Kentucky Voting Info Page

Virginia | Voting Rights Act of Virginia

In effect as of April 7, 2021

The Democrat-led state of Virginia has also expanded its voting rights in 2021. The Voting Rights Act of Virginia was passed in March, making Virginia the first southern state to pass its own version of the 1965 federal Voting Rights Act. The bill mainly focuses on election officials, establishing ways to enforce a check on their power. The bill was voted on down party lines, a majority of Republicans opposing the following changes.

• Prohibits any state or local policies from denying or restricting voting rights based on race, color, or native language.
• Requires local election officials to get feedback or pre-approval from the state’s attorney general before making changes to their voting system.
• Allows residents to sue in cases of voter suppression.
• Prohibits at-large local elections if they dilute the voting power of racial minorities.
• Requires local election officials to provide all voting materials in other languages as needed.

sources: bill text, NPR, Voterly’s Virginia Voting Info Page

New York | A.B. 2574

Effective January 1, 2023

Rather brief, this bill addresses automatic voter registration and was signed by the Governor in February. The bill expands the use of automatic voter registration, by requiring designated State agencies to establish an automatic voter registration system. Anyone applying for state government services will automatically be registered to vote unless voluntarily opting out of the service. Additionally, New York has nine other expansive voter laws being debated in the Senate. Most have yet to be passed onto the House but are making progress in hopes of providing resources for eligible voters.

sources: bill text, NY Senate Press Release, Voterly’s New York Voting Info Page

New Jersey | S3203

In effect as of June 2021

Also brief, this New Jersey law requires all counties to hold nine days of early, in-person machine voting ending the Sunday before Election Day in general elections. This will allow New Jersey’s black communities to participate in “souls to the polls” for the first time, a tradition in Black communities where people attend church services on Sunday followed by voting at the polls. The number of early voting days differs depending on the type of election. Every county must have at least three days of early voting for nonpresidential primaries, and five for a presidential primary. The law goes into effect in time for New Jersey’s statewide primary election in June of this year.

sources: bill text, NPR, Voterly’s New Jersey State Voting Info Page

States to Watch

The battle over states’ election laws is far from over. Legislators are moving quickly, many following in the footsteps of Georgia and Florida. These are the states to watch.

Michigan

Republican lawmakers in the state of Michigan have proposed 39 bills in the Senate that look to restrict voting laws. Some of the measures would limit voter access to absentee ballot drop boxes and require photo ID to vote in person or by mail. They also would enact a prohibition on officials mailing out absentee ballot applications or offering prepaid postage on mail ballots

Missouri

Missouri’s Republican-led House has passed provisions that would impose strict photo ID requirements to vote. The bill is slow-moving as it's been met with backlash from groups like the ACLU, Empower Missouri, and the League of Women Voters.

What Happens Next?

Voting rights activists and organizations across the country are fighting back, suing states on the grounds that the new laws infringe upon a citizen’s right to vote. Already, there are 6 active lawsuits in Georgia, 5 in Texas, 2 in Florida, 1 in Iowa, the list goes on. However, what’s seemed to have gained the most traction in fighting restrictive state voter laws is a federal law in Congress. U.S. Senate and House Democrats have been scrambling to pass a voting bill that can hold precedent over the recent wave of restrictive voter laws throughout the country. Unsuccessful in passing H.R. 1, otherwise known as the For the People Act, Congress has focused its attention on a more moderate version of the bill titled Freedom to Vote Act (S. 2747). The passage of this bill would overturn a majority of the restrictive laws that have passed at the state level, leading voting rights activists to believe this is the best way to fight back. Below are some of the latest points in S. 2747.

• Any registered voter can request a vote-by-mail ballot.
• A voter has the option of a range of identification cards they can show to prove identity.
• Biparisan gerrymandering is banned
• A matching funds system will be established to empower small donors and eliminate “dark money” from politics.
• Every state must have automatic voter registration in place at DMVs.
• Every state must have a 15 day early voting period that includes two weekends.
• Same day voter registration must be offered at every polling place by 2024.
• All mail ballots sent by Election Day and received by 7 days after will be counted.
• Election Day will be a federal holiday.
• All felons will have the voting rights restored after serving their sentence.

The bill has been introduced in the Senate and is sponsored by Democratic Senator of Minnesota, Amy Klobuchar.

sources: bill text

How Can I Stay Updated?

All of these changes are reflected on Voterly’s State Voting Information pages. You can navigate to your state’s page to find up-to-date information and resources for voting rules and regulations applicable to you. You can also get involved! Whether you’re for or against your state’s voting laws, let your representatives know. You can find your representatives and their contact information here.