The Canvass: States and Election Reform A Newsletter for Legislatures This article appeared in the March 2009 issue of The Canvass. (Full Newsletter in PDF)  (Engaging State Legislatures in Election Reform Homepage)

2009 Elections Legislation

Nearly 1,200 bills addressing elections have been introduced in state legislatures so far this year.  For more information on the topic areas discussed here and to view summaries of all election legislation going back to 2001, please visit NCSL's Election Legislation Database.  The key elections topics legislatures are considering this year are:

Early Voting

Twenty-three states offered some sort of early voting in the 2008 election.  Early voting differs from absentee voting in that voters may visit an election official’s office or, in some states, other satellite voting locations, and cast a vote in person.  During the 2007-2008 biennium, there were 122 bills introduced in 23 states addressing early voting.  Thirteen states considered new early voting programs (none passed).  Five states passed legislation expanding existing early voting programs, and another five states considered but did not pass such legislation.

Given the high level of media attention directed toward early voting in late 2008, and its evident popularity in many of the states that operated early voting programs last year, this is an area where a high level of activity is occurring in state legislatures this year.  Currently, 71 early voting bills are pending in 23 states.  Fourteen of these are states that do not presently operate an early voting program; the remainder are bills that would amend existing programs. 

One state to keep an eye on is Maryland, which enacted an early voting bill in 2006, even overriding a gubernatorial veto to do so.  However, state courts later struck down Maryland's new early voting law before it was implemented in an election, saying the state's constitution required that voting take place on election day.  The General Assembly passed a constitutional amendment in 2007 that would amend Maryland's constitution to permit early voting, and voters approved it in November 2008.  The door is now open for the Maryland General Assembly to take a second stab at passing early voting legislation, and a bill is currently pending in Maryland to do this.

No-Excuse Absentee Voting and All-Mail Elections

Twenty-eight states presently provide for no-excuse absentee voting.  This allows any voter to vote by mail prior to election day without having to offer a justification for doing so.  In the remaining 22 states, some sort of justification is required before a voter may receive an absentee ballot.

In 2007-2008, 12 states considered implementing no-excuse absentee voting.  In 2009, 11 states have legislation pending so far.  Also, 12 states are considering bills that would permit a voter to become a permanent absentee voter.

Oregon conducts all elections by mail, and at least 17 other states conduct certain elections by mail, or allow local officials the option of conducting elections by mail under certain circumstances.  This year, seven states are considering legislation to expand the circumstances in which an election is or may be held by mail.

Voting by Military and Overseas Citizens

There is a noticeable trend this year in efforts to facilitate voting for military and other overseas voters.  Twenty-eight bills are currently pending in 15 states.  Bills in 10 states would provide electronic access for overseas and/or military voters (Alabama, Colorado, Connecticut, Hawaii, Indiana, New Mexico, Oklahoma, Oregon, Texas and Virginia).

Voter Identification

Voter identification has been a high-profile issue in state legislatures for the past several years.  Presently, 24 states require that all voters show ID before they can vote.  Seven of these require that the ID show a photo of the voter.

In 2007-2008, 19 states saw legislation that introduced a new voter identification requirement.  Ten states saw legislation to tighten existing voter identification requirements, and two states saw bills that would weaken or eliminate existing voter identification requirements.  However, no significant legislation on this topic passed in 2007-2008.

This year, there are 76 bills pending in 22 states that address voter identification.  In 11 states, the bills propose new voter identification requirements.  At press time, Utah House Bill 126, which would require voters to show ID, passed in both chambers and is pending gubernatorial action.  After an extraordinary all-night debate, the Texas Senate just passed a bill to require voters to show ID and the bill is headed to the Texas House.  Also at press time, the Oklahoma and South Carolina Houses have passed photo ID legislation, and the senate in each legislature is expected to take up the legislation.  In 8 states, bills would strengthen existing voter identification laws.  In two states, the bills propose adding to the list of acceptable forms of identification that may be presented prior to voting, and in one state, a bill would relax the existing identification requirement.

Proof of Citizenship to Register to Vote

This was a fairly new area of election legislation in 2007-2008.  Currently, only Arizona requires proof of citizenship in order to vote, a provision that was enacted in 2004 as part of a citizen initiative designed to decrease illegal immigration.  In 2007-2008, 21 states considered adding such requirements (none passed).  This year 21 bills are pending in 9 states to date.  The Georgia Senate recently passed legislation and sent it to the statehouse that would require proof of citizenship to register.

Felon Voting Rights

Laws on felon voting rights vary tremendously from one state to another, with nearly every state restricting them to one degree or another.  This year, 21 states are considering legislation that would either expand the voting rights of ex-felons, or would in some way ease the process by which ex-felons can regain the right to vote.

National Popular Vote

So far, bills to enter a state in the Agreement Among the States to Elect the President by National Popular Vote have been introduced in 19 state legislatures this year. 

In 2007-2008, 47 states considered NPV bills.  Four of those states (Hawaii, Illinois, Maryland and New Jersey) enacted NPV legislation.  Bills were passed by the legislature but vetoed in another three states (California, Rhode Island and Vermont).  Massachusetts came very close to passing NPV legislation last year, but the final procedural vote required to send the bill on to the governor never took place.  Massachusetts, Rhode Island and Vermont are among the 19 states that have NPV legislation again this year.  Also, New Jersey and Maryland are considering legislation that would rescind consent to enter the NPV compact.

Election Day Registration

Eight states currently allow voters to register and vote on election day.  A ninth state, North Carolina, allows voters to register and vote on the same day during the early voting period, but not on Election Day itself.  Two of these states -- Iowa and North Carolina -- passed their election day registration in 2007.  Another 25 states considered but did not pass legislation to implement election day registration in 2007-2008.

This year, 16 states have legislation pending that would implement election day registration.  New Hampshire has a bill pending that would repeal its existing election day registration program.

Filling U.S. Senate Vacancies

The situation Illinois found itself in this year, with a disgraced governor holding the power to fill a vacancy in the U.S. Senate, has directed more attention than usual to the process of how states fill U.S. Senate vacancies.  Presently, 38 states allow the governor to appoint a replacement who serves until the next regular Congressional election.  The remaining 12 states require that a special election be held to fill the vacancy before the next regular Congressional election.  Some of these 12 states permit the governor to make a temporary appointment until the special election, but that appointee would serve for only a short period of time. 

So far this year, 10 states have legislation that would reduce or eliminate the governor's authority to fill U.S. Senate vacancies.

Age of Qualification to Vote

Presently, there are 11 states that permit a 17 year-old to vote in a primary election if that person will turn 18 by the date of the general election.  This year, there are 9 states considering legislation to allow this.  Also, two states (Arizona and California) are considering allowing 16 year-olds to pre-register, but not to vote until they turn 18.  Illinois is considering lowering the voting age to 17, and Michigan may lower it to 16 for certain elections.

Instant Run-Off Voting

Eight states are considering experimenting with or implementing instant run-off elections this year.  In 2007, Arkansas passed a bill making instant run-off available to all military and overseas voters.  In 2008, Colorado passed a bill establishing a pilot program to use instant run-off in certain local elections, and North Carolina reauthorized an instant run-off pilot program.

Straight Ticket Voting

Sixteen states presently allow for straight ticket voting, a ballot design that allows voters to choose a party’s entire slate of candidates.  Voters make one punch or mark on the ballot in order to vote for every candidate of that party for each office on the ballot.  This year, one state -- Missouri -- is considering implementing straight ticket voting, while three -- Oklahoma, Rhode Island and Texas -- have legislation that would do away with it.  See a related story on page six.

Electronic Voter Registration

Colorado and Indiana are considering bills that would allow for electronic voter registration, and Virginia is considering whether to allow voters to make changes to their existing registration via electronic means.  Presently just two states -- Arizona and Washington -- allow for electronic voter registration.  O