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Voting Rights Lab
The Lever
Welcome to the May edition of The Lever. With the country increasingly divided on several important issues, we wanted to take a look at an issue on which a vast majority of states are headed in a positive direction: in-person early voting. This voting option is critical to building a more inclusive democracy. Read more about what this trend might mean for the 2022 primaries and beyond in our latest Hot Policy Take, Early Voting Gains Ground Heading into the 2022 Primaries.

We also dive deeper into the early voting legislative landscape with our State Voting Rights Tracker and recommend some reading on how early voting has played out in the Georgia primary. Last but not least, we’re highlighting an incredibly important legal battle led by our partners over at Disability Rights Wisconsin, who are fighting to ensure that voters with disabilities have the assistance they need to make their voices heard at the ballot box. Let’s dive right in.

HOT POLICY TAKE

As states increasingly diverge when it comes to election policy, there is one rare issue on which most states are headed in a positive direction: in-person early voting.

In this month’s Hot Policy Take, we’re tallying which states have created or expanded early voting in the last two legislative sessions, and the future is looking bright in red and blue states alike. Just this month, we’re on track to see two states with Republican-controlled legislatures create early voting for the first time: South Carolina enacted, and the Missouri legislature sent a bill to the governor’s desk, that would give voters two weeks prior to Election Day to cast their ballot.

From Oklahoma to Kentucky to New Jersey, several states have recently improved or expanded early voting. This momentum comes as early voting is on the rise in some of 2022’s first primaries, with major spikes in use in both Georgia and North Carolina. For the full analysis, check out our latest post: Early Voting Gains Ground Heading into the 2022 Primaries.
 
READ THE HOT POLICY TAKE NOW

BY THE NUMBERS

 

7 to 3

Before the 2020 election, seven states did not offer any early voting: Alabama, Connecticut, Kentucky, Missouri, New Hampshire, Mississippi, and South Carolina. We are now poised to see that number drop down to only three states by the end of 2022 (Alabama, New Hampshire, and Mississippi) – remarkable progress for only two legislative sessions.

Since the 2020 election, we have seen 16 states improve their early voting systems. This number will go up to 17 states once Missouri’s governor signs H.B. 1878. You can track active early voting bills and take a look at early voting policies in all 50 states and D.C. in our State Voting Rights Tracker.
 
GO TO THE TRACKER NOW

WHAT WE'RE READING


Just a handful of states have wrapped up their primary elections this year, but among them, one key trend appears evident: voters like the option to vote early in-person. The Associated Press covered the trend in a story focusing on Georgia last week, noting what could be a parallel drop-off in the popularity of mail voting:
 
"Georgia voters instead are turning to early, in-person voting, which is setting records. About 305,000 ballots have been cast at early voting locations across the state, or three times as many who did so for the same period during the 2018 primary, according to state officials."
 
While North Carolina experienced a similar increase in early in-person voting, it's important to note that only 10 states have completed primary elections so far. With another 40 primary contests still to go, we'll keep our eyes trained on how voters are casting their ballots for the remainder of 2022.
 
READ THE FULL ARTICLE HERE

FROM OUR PARTNERS


As many state legislatures around the country move to restrict voting access – such as limiting access to secure drop boxes or mail voting – voters with disabilities are facing increasing hurdles to making their voices heard at the ballot box.

In Wisconsin, our partners at Disability Rights Wisconsin have been fighting an ongoing legal battle over whether voters can receive assistance with returning their ballots. This assistance is absolutely essential for many voters with disabilities in the state. One in five adults in Wisconsin has a disability of some kind.

Appleton voter Timothy Carey spoke with NPR about the importance of protecting the right to vote for Wisconsinites with disabilities:
 
"Carey, 49, says he's voted in every election since he turned 18. He has Duchenne muscular dystrophy and is on a ventilator 24/7.
 
"I can't mail the ballot, I can't even move my arms," he says. "Everybody has the right to vote, why shouldn't I?"
 
Carey says the ruling forces voters like him who rely on ballot return assistance to choose between asking someone else to mail their ballot anyway and break the law, or not vote at all.

"It's just sad they didn't think about people with disabilities at all," he says. "People with disabilities matter. Yes, I'm here. Yes, I vote."
 
READ MORE ABOUT THE FIGHT IN WISCONSIN

THE MARKUP


The Markup is VRL’s weekly legislative update for voting rights insiders. Here’s a snippet from yesterday’s edition – a sample of what you can expect each week:
 
Oklahoma enacts several bills with a mix of provisions expanding and restricting voter access and election administration. On Friday, Oklahoma Governor Kevin Stitt signed several election-related bills into law. One of the bills would make it more difficult to vote by mail by requiring that mail voters provide a specific ID number when applying for a mail ballot. Another would interfere in election-related litigation by forcing all litigation to be resolved by court order and allowing legislative leadership to intervene in litigation. Another bill would allow visually disabled voters to receive an accessible ballot electronically, but it would also threaten voters with a felony if they are not legally blind but apply for a ballot electronically. Oklahoma’s regular legislative session ends this week.

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