Lawmakers Propose Changes to State Election and Voting Laws Following the Midterms

Lawmakers Propose Changes to State Election and Voting Laws Following the Midterms
Poll workers help voters inside a polling location in Austin, Texas, on Oct. 13, 2020. (Sergio Flores/Getty Images)
Jana J. Pruet
1/4/2023
Updated:
1/4/2023
0:00

Republican and Democrat state lawmakers across the country have been putting together their proposals in preparation for their next legislative sessions. Bills concerning voting and election laws are among the most popular themes following the midterms.

Many election and voting bills are related to enforcing election laws, increasing election and voter fraud penalties, automatic voter registration, restoring voting rights to felons after release from prison, and more.

Election Reforms Proposed in Texas

The Texas Legislature, which convenes on Jan. 10, has already seen hundreds of pre-filed bills, with dozens related to voting and election laws. Some appear akin to the issues voters experienced in Harris County, which encompasses Houston, during the 2020 general election and 2022 midterms.
The 2020 general election forensic audit report, released in December by Secretary of State John Scott’s office, found “very serious issues” in Harris County, as reported by The Epoch Times. The problems were severe enough that Scott’s office notified the county of the audit’s preliminary findings ahead of the 2022 midterm elections. Despite the notice, Harris County faced several issues, including late poll openings, paper ballot shortages, and more during the midterms.

Some Texas Republicans are proposing state election marshals, similar to Florida’s system, to combat election improprieties.

State Sen. Paul Bettencourt and state Rep. Valoree Swanson, both Republicans, pre-filed companion bills, Senate Bill 220 (pdf) and House Bill 549, to authorize the secretary of state to appoint an election marshal. The election marshal would then select one regional marshal per 1 million voters from the state Department of Public Safety to investigate potential violations.
“What happened in the November 8th election in Harris County is absolutely abominable and can NEVER happen again! Which is why I will continue to champion voter integrity bills like Senate Bill 220,” Bettencourt said in a joint press release following the midterms.

The pair of bills would also provide emergency judges to hear cases within an hour on Election Day and within three hours during early voting.

Republican state Rep. Keith Bell pre-filed HB 678 (pdf). It would allow the state attorney general to appoint a special prosecutor to investigate and indict criminal election offenses. The bill also proposes shifting election law authority from the secretary of state to the attorney general.
Republican state Rep. Bryan Slaton pre-filed HB 222 (pdf), which would increase the penalty for illegal voting from a Class A misdemeanor to a second-degree felony. State Reps. Craig Goldman and David Spiller pre-filed similar proposals with HB 397 and HB 52, respectively.

Democrats Move to Expand Voting Access

Several Democrats want to extend vote-by-mail eligibility.

Four bills pre-filed by Democrats—Senate Bill 120 and House Bills 67, 241, and 502—would allow any qualified voter to vote by mail. Under Texas law, a person must meet specific qualifications for mail-in voting. The bills also call for the repeal of certain criminal offenses concerning solicitation and distribution of applications to vote by mail.

“We’ve already made a decision, a policy decision, that voting by mail is something that we should extend to people 65 and over or someone with a disability,” Democrat state Sen. José Menéndez, who authored SB 120, told Spectrum News.

Still, others are pushing for automatic voter registration.

Texas HB 849 (pdf), authored by Democrat state Rep. Ron Reynolds, would allow the voter registrar in each county to automatically register residents to vote when issued a driver’s license or state identification or when making changes to a license or ID.
State Sen. Sarah Eckhardt, a Democrat, pre-filed a bill to restore voting rights to convicted felons. SB 210 (pdf) would allow convicted felons not currently incarcerated to vote, removing the requirement to be fully discharged from prison, parole, or probation.

Some are hoping to pass bills targeted at younger voters. The bills would modify the age requirements for voting in primaries and allow college students to vote on campus.

Democrat state Sen. Judith Zaffirini pre-filed SB 56 (pdf), a bill allowing 17-year-olds to vote in a primary election for state and county offices as long as they will be 18 by the date of the general election.
Democrat state Sen. Nathan Johnson co-authored SB 118 with Menéndez (pdf), requiring counties to place at least one polling site on college and university campuses with 5,000 or more students. Campuses with 10,000 students would have at least two polling locations, with another site per 10,000 additional students. Menéndez introduced similar bills during the two previous sessions.

Other State Lawmakers Have Similar Goals

In South Carolina, where the legislature meets annually, lawmakers will convene on Tuesday.

Democrats in the Republican-led state are seeking automatic voter registration and a requirement to notify convicted criminals when their voting rights are restored.

Democrat state Rep. John King pre-filed HB 3172, which would automatically register a person to vote when they apply for, renew, or change their driver’s license or state ID.
King also pre-filed HB 3349 to require the South Carolina Department of Corrections and the Department of Probation, Parole, and Pardon Services to notify those disenfranchised for felony and other convictions of their eligibility to vote after serving their sentences. A similar bill, SB 220 (pdf), was filed by Democrat state Sen. Mia McLeod.

In Missouri, where the legislative session began on Wednesday, bills relating to automatic voter registration and revamping voter qualifications for convicted criminals are on the state’s agenda.

Democrat state Rep. LaDonna Applebaum pre-filed HB 1387. This bill would create automatic voter registration through various state agencies, including the Department of Revenue, the Department of Social Services, the University of Missouri System, the Department of Corrections, and the Bureau of Vital Records, among others. It also ensures that having incorrect information in the statewide voter registration system will be considered a Class 1 election offense only if the voter supplied the false information intentionally (pdf).

Republican state Rep. Melanie Stinnett of Missouri pre-filed HB 248 to change voter qualifications. Under current laws, anyone convicted of a felony or other imprisonable offense is not permitted to vote until they are discharged from probation or parole.

If passed, Stinnett’s bill would prevent convicted felons from voting only while serving their prison sentence (pdf).
“I was happy to be able to file something that will help people re-engage civically, giving them a voice again,” Stinnett told the Springfield News-Leader.

It is not unusual for lawmakers to periodically reform voting and election laws. Many states want to make reforms that will improve voter confidence before the next election cycle.

Jana J. Pruet is an award-winning investigative journalist. She covers news in Texas with a focus on politics, energy, and crime. She has reported for many media outlets over the years, including Reuters, The Dallas Morning News, and TheBlaze, among others. She has a journalism degree from Southern Methodist University. Send your story ideas to: [email protected]
Related Topics