From Voting Rights Lab <[email protected]>
Subject The Lever: Governing without Congress
Date June 24, 2025 3:07 PM
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Welcome to the June edition of The Lever, featuring expert insights and analysis from Voting Rights Lab ([link removed]) .

In this issue, we explore the history and function of the U.S. Election Assistance Commission (EAC) — the bipartisan commission that President Trump is trying to commandeer in order to enact his elections agenda. We also take a look at how proof-of-citizenship bills fared across state legislatures this year and examine what the REAL ID rollout fiasco can teach us about the feasibility and damage done by these efforts.


** THE ELECTION ASSISTANCE COMMISSION SHOULD SAFEGUARD ELECTIONS – NOT CONTROL THEM
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Congress created the EAC as a provision of the Help America Vote Act (2002). The bipartisan, independent commission’s stated mission is to “help election officials improve the administration of elections and help Americans participate in the voting process.”

One of the most controversial parts of President Trump’s sweeping March executive order on elections directs the EAC to require Americans to show a passport or birth certificate proving their citizenship when they register to vote.

In our latest analysis ([link removed]) , we explain these illegal efforts and the threats they pose to our elections. We also examine the recent court rulings currently keeping some of these actions at bay, and the impact of Trump’s elections executive order on state legislatures across the country.
READ OUR ANALYSIS ([link removed])


** BY THE NUMBERS
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25

That’s the number of states that have considered – but so far have failed to pass or vetoed – proof-of-citizenship bills, out of 27 states where such bills were introduced or advanced this year.

Earlier this month, the Associated Press ([link removed]) examined the recent push in many states to pass proof-of-citizenship laws. These bills, which would impose burdensome new mandates on American citizens in order to register to vote, have been largely unsuccessful. Similar laws previously implemented in Kansas and Arizona created significant challenges and confusion.

You can learn about each of the proposed (and failed) proof of citizenship bills of 2025 in our Election Policy Tracker. ([link removed])
READ MORE ([link removed])


** WHAT WE'RE READING: WHAT THE REAL ID DELAY TELLS US ABOUT IMPLEMENTING PROOF-OF-CITIZENSHIP LAWS
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Congress passed the REAL ID Act 20 years ago. Yet, millions of Americans are still unable to comply with the new identification requirements. Reports of long lines, limited DMV appointments, and burdensome paperwork have hobbled the long-awaited transition to REAL ID.

A new story in Votebeat ([link removed]) surveys these issues and analyzes what these implementation delays can tell us about the challenges posed by proof-of-citizenship laws. As we’ve covered, ([link removed]) proof of citizenship laws would impose significant burdens on millions of Americans who lack ready access to documents proving their citizenship, like birth certificates or passports.

Successful rollout of the REAL ID mandate would have included additional staffing and funding, coordinated messaging, and improved access to necessary documents. The current chaos around REAL ID implementation foreshadows and underscores the difficulties with proof -of-citizenship voting laws. When voters cannot access the documentation they need, our democracy is imperiled.
READ MORE ([link removed])


** THE MARKUP
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The Markup is Voting Rights Lab’s weekly law and policy update, powered by our Election Policy Tracker ([link removed]) . If you would like to receive these (currently bi-weekly) insights, please tick the sign-up box at the bottom of this form ([link removed]) . Here’s a preview of what we’re watching this week:
* Georgia Supreme Court overturns 2024 State Election Board rules. The Georgia Supreme Court unanimously struck down ([link removed]) several rules adopted by the State Election Board and later blocked ([link removed]) by a lower court prior to the 2024 general election. The Supreme Court found that the Board exceeded its authority and intruded on legislative powers, invalidating several rules ([link removed]) including: requiring hand-counting of ballots, expanded poll-watcher access, and requiring photo ID for mail ballot drop-offs. The Court upheld a rule requiring video surveillance for drop boxes and remanded two other rules to lower courts for further review.
* Federal district court issues injunction on Trump elections executive order. A second U.S. judge issued a preliminary injunction ([link removed]) blocking key provisions of President Donald Trump's executive order ([link removed]) on elections. The injunction blocked a requirement that voters provide proof of citizenship, such as a passport, to register to vote. It also blocked a provision that would have invalidated 16 state laws ([link removed]) , which allow mail ballots received after Election Day to be counted so long as they are postmarked on time. In 2025, 26 states considered – but failed to pass – proof of citizenship bills ([link removed]) .

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