Welcome to the May edition of The Lever, featuring expert insights and analysis from Voting Rights Lab

In this issue, we analyze the risks of state bills to shorten ballot receive-by deadlines under the guise of speeding up election results. We also examine two similar petitions circulating in Michigan designed to place a proof-of-citizenship measure on the 2026 ballot. Lastly, we visit the final outcome of the embattled 2024 North Carolina state Supreme Court race — and its implications for future elections.

THROWING AWAY BALLOTS IS NO WAY TO SPEED UP ELECTION RESULTS

Across the country, state legislatures are considering bills that would shorten ballot receive-by deadlines – a move that could result in election officials tossing out tens of thousands of ballots cast by eligible citizens. In 2025 alone, lawmakers in 17 states have considered such bills.  

In our latest analysis, we detail why shortening ballot receive-by deadlines won’t improve our elections. We explore the impact of these proposed policies on rural, military, older voters, and other citizens who are more likely to rely on absentee voting to participate in elections.. Lastly, we offer alternative solutions for streamlining ballot counting – without sacrificing valid votes.

READ OUR ANALYSIS

BY THE NUMBERS

 

2

That’s the number of petitions approved in summary form by the Michigan Board of State Canvassers to put a proof of citizenship measure on the 2026 ballot. The most recent petition was prepared by Americans for Citizen Voting (ACV), a project of Liberty Initiative Fund, a Virginia-based libertarian organization. This comes on the heels of the Michigan Board of State Canvassers’ unanimous approval of a nearly-identical petition last month, prepared by the Committee to Protect Voters' Rights. 

Both petitions would require people registering to vote (and potentially currently registered voters) to prove their U.S. citizenship through burdensome documentation requirements like a passport or birth certificate – without providing alternative options. These proposals come despite existing checks and balances that ensure only citizens vote in Michigan’s elections.

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WHAT WE'RE READING: WHAT NORTH CAROLINA CAN TEACH US ABOUT THE 2026 ELECTIONS

Following months of legal battles, a federal court finally settled the 2024 North Carolina Supreme Court race. The Court rejected Judge Jefferson Griffin’s attempt to change election rules after ballots were cast — a move that would have invalidated over more than 60,000 lawful ballots. As a response to this decision, Griffin conceded the race — six months after the election.

State courts had initially decided in favor of Griffin, setting a potentially disastrous precedent for elections nationwide. There is a growing trend of candidates using the courts  to challenge election results and overturn the will of the people. These bad-faith individual efforts, combined with numerous damaging federal court decisions (like the recent ruling from the Eighth Circuit further compromising the Voting Rights Act), demonstrate increasing court involvement in election issues. The recent decision in North Carolina represents a victory for free and fair elections, but ongoing vigilance is needed.

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THE MARKUP

The Markup is Voting Rights Lab’s weekly law and policy update, powered by our Election Policy Tracker. If you would like to receive these (currently bi-weekly) insights, please tick the sign-up box at the bottom of this form. Here’s a preview of what we’re watching this week:

  • Texas enacts bill improving mail ballot cure process. Gov. Greg Abbott signed S.B. 2964, which improves the state's process for correcting minor errors on mail ballot envelopes. As a result, voters will receive earlier notice and more opportunity to correct curable defects.
  • Oklahoma adds baseless election conspiracy theories to school curriculum. Oklahoma's new high school social studies curriculum will require that students "identify discrepancies in 2020 elections results." Claims perpetuated by President Donald Trump regarding purported mass voter fraud have been repeatedly and entirely disproven.

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