Welcome to the February edition of The Lever, featuring expert insights and analysis from Voting Rights Lab. In this issue, we highlight state legislative actions poised to shape the 2026 and 2028 elections, expose the risks of disenfranchisement posed by the federal SAVE Act, and examine the threats to election security stemming from the latest federal agency cuts.

WHAT WILL FUTURE ELECTIONS LOOK LIKE? START PAYING ATTENTION TO THE STATES.

A groundswell of new state laws enacted after 2020 fundamentally shaped the 2024 election. In 2025 state legislatures are already setting new rules that will have a significant impact on the 2026 and 2028 elections. 

In our latest analysis, we dive into what the post-2020 election law changes told us about the 2024 election. These laws, among other factors, precipitated a decline in mail voting and a rise in in-person early voting. We also identify state legislative trends developing right now that could dramatically impact the voter experience in 2026 and 2028 — for better or for worse. 
READ OUR ANALYSIS

BY THE NUMBERS

 

69 million

That’s how many American women could potentially lose access to the ballot if the federal Safeguard American Voter Eligibility (SAVE) Act is passed into law. As we covered in last month’s analysis, the SAVE Act is rooted in disinfomation and would create new burdens for American citizens to cast their ballot. The bill would require all voting-eligible citizens to present proof of citizenship (in most cases, a passport or birth certificate that matches current identity documents) in order to register to vote. 

The impact of these new requirements would be astounding: A recent story in Newsweek reported on a new study that showed nearly 84% of women who marry change their surnames. The SAVE Act would render these women’s birth certificates invalid as proof of citizenship.
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WHAT WE'RE READING

The Trump administration is rapidly unwinding critical efforts to curtail foreign interference and cyberattacks in American elections, in pursuit of their larger strategy to downsize the federal government. NPR recently published a story detailing the latest cuts to federal agencies and task forces that work with state and local election officials to protect our elections infrastructure. These agencies include the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA). 

State officials and election security experts have expressed concern about what these cuts could mean for our national security:

"Every cut made to our election security and foreign malign influence operations is like handing a gift on a silver platter to our foreign adversaries such as Russia, China, and Iran," said Kathy Boockvar, president of consulting firm Athena Strategies and former secretary of the commonwealth for Pennsylvania. "It directly strengthens their ability to invade our national security and interfere in our elections, leaving every American citizen more vulnerable."
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THE MARKUP

The Markup is Voting Rights Lab’s weekly law and policy update, powered by our State Voting Rights Tracker. If you’d like to get these insights straight to your inbox, head here to sign up. Here’s a preview of what we’re watching this week:

  • The Wisconsin Supreme Court leaves in place municipal control over early voting. The Wisconsin Supreme Court dismissed a challenge last week that sought to limit municipalities’ authority to set early voting locations and prevent the future use of a mobile voting van, which the city of Racine used in 2022. The court found that the Republican Party official who brought the lawsuit did not have standing to do so and did not make a finding on the merits of the case.

  • Missouri Senate committee passes documentary proof of citizenship bill. A Missouri Senate committee advanced S.B. 62 to the full chamber. The bill would require voter registration applicants to provide documentary proof of citizenship. Similar bills have passed legislative chambers this year in Indiana and Wyoming.
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