Legislative Action Bulletin: January 31, 2011

View the full PDF.

NCSL’s Elections Legislation Database

Since 2001, NCSL has maintained a complete database of state-level election reform legislation. This year, we’re trying something new: The database is now powered by State Net. That means it will be more complete and up-to-date than ever before. A powerful search tool helps us identify relevant legislation, and bill status is automatically updated every two weeks. The database of 2001-2010 legislation will continue to be housed in the same location, but the 2011 database has a new home. We’ll continue to use the same categories to organize the database, so your searching abilities won’t change. Please give the new database a try, and let us know what you think.

Voter Identification

Voter ID is clearly the highest profile issue in the world of elections this year, with 27 states currently requiring voters to show identification at the polls before casting a ballot. Seven of those states have legislation this year to tighten their existing voter ID law by requiring a photo ID of the voter (Colorado, Connecticut, Missouri, Montana, South Carolina, Tennessee and Texas). Another nine states have new voter ID proposals pending that also would require a photo ID at the polls (Iowa, Kansas, Maine, Minnesota, Mississippi, Nebraska, New Hampshire, New York and Wisconsin). Late last week, bills in Iowa and Texas were approved by their houses of origin.

Other Key Issues in 2011 Sessions

NCSL’s Elections Legislation Database reveals the following issues receiving attention in legislatures around the country:

• Military/Overseas Voting: At least 13 states have bills to facilitate voting by overseas citizens and the military; many would implement the federal Military & Overseas Voter Empowerment Act.

• No-Excuse Absentee Voting: Bills are pending in Connecticut, Michigan, Mississippi, New York, South Carolina, Texas and Virginia that would permit any voter to vote by absentee ballot without offering an excuse. Virginia's bill was approved by the Senate on January 24.

• Candidate Qualifications: At least 10 states are considering legislation that would require candidates for president and vice president to prove or attest to their U.S. citizenship.

• National Popular Vote: Bills are pending in 11 states that would enact the Agreement Among the States to Elect the President by National Popular Vote. Two states that have already entered the compact—Maryland and New Jersey—have bills pending that would withdraw their participation.

• Primary Elections: The appeal of the early presidential primary appears to have faded, with at least three states looking at moving their presidential primary to a later date. Nearly a dozen states are considering changing the date of the state primary. An astonishing 14 states are considering changing the type of primary they operate (open vs. closed).

• Voter Registration: This is a hot topic this year, with bills on a number of related issues pending around the country.

• Election Day Registration: Nine states have bills pending that would allow voters to register and vote on Election Day, while three of the eight states that presently allow this have bills to repeal it.

• Paperless Voter Registration: Bills are pending in nine states to allow voters to register to vote online.

• Proof of Citizenship: Bills in Colorado, Oregon and South Carolina would require proof of U.S. citizenship in order to register to vote.

• Pre-Registration: Bills in Arizona, Colorado and New Jersey would allow young people to pre-register before turning 18, although they would not be permitted to vote before reaching the age of 18.

• Universal Voter Registration: Hawaii, New Jersey, New York and Texas continue to contemplate the idea of automatically registering people to vote at the time they apply for a driver’s license or vehicle registration.

Session News

Legislatures in all 50 states will hold regular sessions this year. So far, 46 legislatures have convened. The first legislature to adjourn for the year will be Virginia, in late February. View a complete 2011 session calendar here.

2011 By the Numbers

For More Information

Contact NCSL's elections staff at 303-364-7700.