Brennan Center for Justice

In 2013, some state legislators continue to push laws that would make it harder for eligible American citizens to vote. But there’s good news, too. More and more states are pressing measures to improve elections.

Below you will find a regularly-updated, comprehensive roundup of introduced, pending, active, and passed voting laws. (See a detailed summary of restrictive legislation, introduced as of April 29th).

Numbers Overview

Since the beginning of 2013, and as of April 29, 2013, restrictive voting bills have been introduced in more than half the states:

• At least 82 restrictive bills were introduced in 31 states.
• Of those, 50 restrictive bills are still pending in 18 states.
• Of those, 14 restrictive bills are currently active in 8 states[1], in that there has been legislative activity beyond introduction and referral to committee (such as hearings, committee activity, or votes).
• Seven states have already passed eight restrictive bills this session.

At the same time, across the country, politicians from both sides of the aisle have introduced and supported bills that expand access to registration and voting.  

• At least 204 expansive bills that would expand access to voting were introduced in 45 states.
• Of those, 142 expansive bills are still pending in 29 states.
• Of those, 30 expansive bills are currently active in 16 states[2], in that there has been legislative activity beyond introduction and referral to committee (such as hearings, committee activity, or votes).
• Seven states have passed eight bills that expand opportunities for eligible citizens to register and to vote.

Voting Restrictions

Note: In the cases where more than one piece of restrictive legislation has been introduced in a state, the map reflects the state’s passed, active, or pending status based on its most active piece of legislation.

Restrictions Passed in 2013 

Arkansas:

• Photo ID required to vote (legislature overrode gubernatorial veto)

Indiana

• Authorizes challengers to demand proof of identification

Montana

• Referendum to repeal Election Day Registration, placed on the ballot for 2014

Nebraska

• Reduces the early voting period

North Dakota

• Photo ID required to vote

Tennessee

• More restrictive Photo ID requirement

Virginia:

• Photo ID required to vote
• Restrictions on third party registration 

Summary of Pending Restrictive Voting Legislation (see a detailed list of passed/pending 2013 bills)

• Identification laws
  • Photo ID laws. At least 22 states have introduced legislation either requiring voters to show photo ID at the polls or making existing photo ID laws more restrictive.[3] Photo ID bills were already signed into law in Virginia and Arkansas this session.
  • Proof of citizenship laws. At least eight states have introduced legislation requiring proof of citizenship, such as a birth certificate, to register or vote.[4]
• Making voter registration harder. At least seven states have introduced bills to end Election Day or same-day voter registration, limit voter registration mobilization efforts, and reduce other registration opportunities.[5]
• Reducing early voting opportunities. At least seven states have introduced bills that limit existing opportunities to vote early in person.[6]
• Making it harder to restore voting rights. At least two states have introduced legislation that would further restrict the right to vote to persons with criminal convictions.[7]
• Making it harder for students to vote. At least two states have proposed legislation that would make it harder for students to register and vote.[8]

Enhancing Voter Access

Note: In the cases where more than one piece of expansive legislation has been introduced in a state, the map reflects the state’s passed, active, or pending status based on its most active piece of legislation.

A new influx of bills to enhance voter access is drawing support on both sides of the aisle.  Efforts to modernize voter registration are particularly active. The GOP introduced an online registration bill in Pennsylvania and passed such a bill into law in Virginia. And the recently-passed automation bill in New Mexico was cosponsored by a Republican and a Democrat. Additionally, a wide-ranging bill to modernize voter registration was passed in Colorado and a similar effort is active in Nevada.

Expansive Voting Laws Passed in 2013 

Colorado:

• Broad-based modernization of voter registration process, including, among other elements, Election Day registration and portable registration. More information is available here.
• Preregistration of eligible 16- and 17-year-old citizens.

Delaware:

• Constitutional amendment expanding opportunities for people with criminal convictions to regain their right to vote

Maryland:

• Expansion of early voting, introduction of same-day registration during early voting

New Mexico:

• Automation of voter registration at the DMV office

Oklahoma:

• Existing photo ID law made less restrictive

Virginia:

• Online voter registration

West Virginia:

• Online voter registration

Summary of Pending Legislation to Expand Access to Voting

• Identification Laws. At least 10 states[9] have introduced bills that would relax existing voter ID or proof of citizenship laws.
• Modernizing Voter Registration. At least 25 states[10] have introduced bills that would modernize the voter registration system, in whole or in part, and make it easier for eligible citizens to register.
  • Broad-based modernization. At least three states[11] have introduced wide-ranging legislation to modernize the voter registration process using a combination of technology and fail-safe protections. Colorado’s bill recently passed both houses and is awaiting the Governor’s signature. Both houses of Congress introduced comprehensive bills to modernize voter registration.
  • Automation. At least five states[12] have introduced legislation that would introduce or expand automation of the voter registration process at government agencies.
  • Online registration. At least 12 states[13] have introduced bills that would establish or enhance the use of online registration systems.
  • Same day registration. At least 18 states[14] have introduced bills that would allow voters to register on the same day they vote. Same day registration (SDR) bills can vary in that some allow same day registration on Election Day only (EDR), some allow it during an early voting period only, and some may allow both options.
  • Portability. At least four states[15] have introduced bills that would allow a voter’s registration to move with her when she moves to a new address in the state.
• More early voting opportunities. At least 20 states[16] have introduced bills that would newly introduce, or expand, opportunities for early in person voting. While New Jersey passed a bill to introduce early voting in the state, Governor Christie vetoed it on May 9, 2013.
• Restoring voting rights. At least 14 states[17] have introduced bills that would expand opportunities for those with criminal convictions to regain their right to vote.
• Pre-registering students to vote. At least  12 states[18] have introduced bills that would allow students under the age of 18 to pre-register, so that upon turning 18 they are registered to vote.
• Reducing long lines. At least four states[19] have introduced bills that aim to reduce waiting times by requiring, or assessing, the implementation of minimum standards for efficient polling place administration.