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The 2023 legislative sessions have begun in all but two states,footnote1_eW9ZNGIYHksx5B1CigiVF4QvoIgewAzR4cdau3xAE-w_gdmT8ukJ4x661As of the date of this report, Alabama and Louisiana have not yet started legislative sessions this year. Florida’s regular legislative session begins later this year, but the legislature held a special session in early February.with legislators introducing a record-breaking number of restrictive voting laws.
As of January 25, 2023, state lawmakers in at least 32 states pre-filed or introduced 150 restrictive voting bills.footnote2_YI5zgoqokUiNAFOzERrPu4MnF3m3Ok98MuK810b47V0_hVQ6ooOlVupp2Restrictive bills have been pre-filed or introduced in Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.Legislation is categorized as restrictive if it contains one or more provisions that would make it harder for eligible Americans to register, stay on the voter rolls, or vote as compared to existing state law. The 150 restrictive bills represent an increase from the number of restrictive bills introduced at the same time in 2021 and 2022, indicating that lawmakers are using the same playbook from the past two years to make it harder to vote. Restrictive legislation often disproportionately impacts voters of color, and Brennan Center research has demonstrated the outsized racially discriminatory impact even one voting provision can have on voters.
In 2021, states enacted more restrictive voting laws than at any time since we began tracking legislation in 2011, but this year’s increase in the pace of introduction will not necessarily translate into an increase in passed legislation. The start of 2022 also saw more restrictive bills introduced compared to 2021, but fewer bills were passed by the close of the year.
In the first weeks of 2023, at least 27 election interference bills have been pre-filed or introduced in 10 states.footnote3_0DnOqWGDNLDjIKWsZNuN8Q3gTVds6a9QMJAcui-nd7s_dCOpoBIi14KO3Election interference bills have been introduced in Arizona, Mississippi, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Virginia, and West Virginia.Legislation is categorized as election interference if it does one of two things: increases opportunities for partisan interference in election administration or results, or it threatens the people and processes that make elections work. These include proposals to create entities controlled by the political branches of government for the prosecution of election crimes; enable political actors to prompt, initiate, or conduct audits of any election; impose new criminal penalties on election officials for routine election administration; or impose statewide bans on the use of machines to count ballots.
Two of the more radical proposals include a Texas bill that would allow presidential electors to disregard state election results and a Virginia bill that would empower a random selection of residents to void local election results.
There is usually an increase in legislative activity in odd years, when new legislative sessions begin, especially when they precede presidential elections. But there have actually been fewer election interference bills introduced this year than at this time last year. This slower pace may be a response to the outcome of the 2022 midterms, in which voters rejected prominent election denier candidates in battleground states.
At the same time, lawmakers in at least 34 states have pre-filed or introduced at least 274 bills that would expand voting access.footnote4_xwrrPjexXIeO9fjn3ktPSTdn27eiOcnvgsCwCMxgs_mToh6gKZc6sh4Expansive legislation has been pre-filed or introduced in Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.Legislation is categorized as expansive if it contains one or more provisions that would make it easier for eligible Americans to register, stay on the rolls, or vote as compared to existing state law. While 274 is less than the number of bills introduced by this time in 2021, it is more than twice the number introduced by this time last year.
End Notes
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1
As of the date of this report, Alabama and Louisiana have not yet started legislative sessions this year. Florida’s regular legislative session begins later this year, but the legislature held a special session in early February. -
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2
Restrictive bills have been pre-filed or introduced in Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming. -
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3
Election interference bills have been introduced in Arizona, Mississippi, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Virginia, and West Virginia. -
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4
Expansive legislation has been pre-filed or introduced in Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming.