New AZ and MS election laws are expected to reach the Supreme Court.

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Welcome to the June edition of The Lever. We’ve experienced some heartbreaking and immensely challenging events as a nation these past couple of months. We hope you are taking time to grieve, rest, feel anger, recharge, get organized, or whatever else you need. As always, we are honored to be in the fight to build a more just, equitable country alongside all of you.

This month, we’re taking a closer look at a type of legislation emerging in 2022 that we did not see last year – legislation designed to challenge Supreme Court precedent. States are resurrecting efforts to create a barrier to voting access found unconstitutional and in violation of federal law by multiple courts: proof of citizenship requirements. These renewed efforts come as we’ve seen major shifts in the makeup and politics of the Supreme Court in recent years – and some decisions with life-altering impact on our civil liberties already delivered. Read more in our June Hot Policy Take, Unconstitutional and on the Rise: Proof of Citizenship Requirements in 2022 ([link removed]) .

Last month we talked about some remarkable – and mostly unanimous – forward progress on early voting. This month, we’re examining a more divisive issue: mail voting. This voting method was popular across party lines in the 2020 election, but in the past two years we’ve seen increasing division between states working to expand access to mail voting and those trying to restrict it. Lastly, we’re highlighting our partners over at North Carolina Voters for Clean Elections, who are advocating for legislation that will protect election workers and safeguard democracy in the state. Let’s dive right in.


** HOT POLICY TAKE
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Proof of citizenship requirements have been repeatedly rejected by the courts over the past decade, and by 2016, states seemed to have stopped passing new proof of citizenship requirements altogether. But this year, amid noted political shifts in the Supreme Court, both Arizona and Mississippi have passed laws that will directly challenge federal court decisions on proof of citizenship requirements – despite similar requirements in Kansas, Georgia, and Alabama being rejected by federal courts just last year. Arizona and Mississippi’s laws are expected to ultimately reach the Supreme Court.

If the Court decides to reverse its 2013 decision striking down an attempt to require proof of citizenship for voter registration in Arizona, we can expect many more states to advance similar documentary proof of citizenship bills. For full analysis, check out our latest post, Unconstitutional and on the Rise: Proof of Citizenship Requirements in 2022 ([link removed]) .
READ THE HOT POLICY TAKE NOW ([link removed])


** BY THE NUMBERS
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151
As of Monday, June 27, 151 ([link removed]) laws ([link removed]) impacting access to mail voting have been enacted in 2021 and 2022.

In 2020, states across the country modified election policies to allow people to vote safely during a global pandemic, including by making mail voting options more accessible. The result was record-breaking turnout, with voters across the political spectrum choosing to cast their ballot by mail. During the subsequent 2021 legislative session, more than half of states in the country changed their laws to make this increased accessibility of mail voting permanent, while more than a dozen states rolled back their laws to make it harder to vote by mail.

This growing divide between states with regards to mail voting accessibility continues in 2022. So far this year, 14 states ([link removed]) have enacted laws expanding access to mail voting, while six states ([link removed]) have restricted access. Restrictions vary from laws limiting or even eliminating secure drop boxes, like in South Carolina ([link removed]) , to requiring voters to provide specific ID numbers with their absentee ballot applications, like in Oklahoma ([link removed]) . Successful efforts to expand access include Rhode Island ([link removed]) ending their excuse requirement to vote by mail, and Louisiana ([link removed]) making it easier for voters with disabilities
to qualify for mail voting.
EXPLORE THE ISSUE ([link removed])


** WHAT WE'RE READING
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It's dominated headlines for months: election officials across the country face violent threats, serious cases of intimidation, and a surge in election criminalization laws ([link removed]) – all for just doing their jobs. The U.S. Department of Justice established the Election Threats Task Force nearly one year ago to address what has become a clear issue after the 2020 election, but according to a new story from the New York Times ([link removed]) , there hasn't been much to show for it.

"A year after Attorney General Merrick B. Garland established the federal Election Threats Task Force, almost no one else has faced punishment. Two other cases are being prosecuted, but [a recent] guilty plea is the only case the task force has successfully concluded out of more than 1,000 it has evaluated.

"The sluggish pace has sparked consternation among both election workers and their supporters, some of whom say they are souring on the idea of reporting the menacing messages to prosecutors if nothing comes of it."

READ THE FULL ARTICLE HERE ([link removed])


** FROM OUR PARTNERS
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Just as the country has turned its attention to the U.S. House hearings on last year’s violent assault on our Capitol on January 6, lawmakers in North Carolina have introduced the North Carolina Safeguard Fair Elections Act ([link removed]) , a bill that includes provisions to counter the Big Lie, protect election workers from intimidation, and prevent interference with the certification of future election results.

Our partners at North Carolina Voters for Clean Elections ([link removed]) (NCVCE) have done some incredible work to bring this bill to fruition. NCVCE Director Melissa Price Kromm recently shared in an op-ed in WRAL ([link removed]) why the North Carolina Safeguard Fair Elections Act is an essential step towards protecting election workers and strengthening democracy in the state:

"Poll workers are helpful, friendly and honest. They are our friends and neighbors. Simply put, they are ordinary people, doing ordinary things, working together to ensure all of our voices are heard and our votes are counted. They must be able to do their jobs without fear of violence or harassment. If hard-working and dedicated election workers decide to step aside and no one steps up to fill their shoes, that will be a recipe for chaos at the polls. We must protect election workers in order to protect our elections."

HEAR MORE FROM NCVCE ([link removed])


** THE MARKUP
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The Markup is VRL’s weekly legislative update for voting rights insiders. Here’s a snippet from yesterday’s edition ([link removed]) – a sample of what you can expect each week:

Arizona lawmakers pass flurry of bills as session ends. The Arizona legislature spent several long days finishing up its work for the 2022 session last week. In addition to passing the state’s budget, the legislature passed several election-related measures to cue them up for either the governor’s signature or their presentation to Arizona voters in the fall. Lawmakers added an amendment to H.B. 2243 ([link removed]) before it passed, adding a concerning provision related to voter registration purges, very similar to that which Governor Doug Ducey vetoed ([link removed]) earlier this session. In good news, the legislature also passed a bill ensuring voters can track the status of their mail ballots online. If the governor signs it, voters will be able to check online ([link removed]) and see when their ballots are received, verified, and counted.
The legislature adjourned its regular session sine die shortly after midnight on Saturday.
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