Virginia Elections Have Consequences…for Elections
By Justin Riemer, President, USGI
Virginians are suddenly finding out that elections have significant consequences, well, for our elections. After securing a clean sweep in November’s contests by flipping the Governor’s, Lt. Governor’s and Attorney General’s offices, and significantly expanding their House of Delegates majority, Virginia Democrats have moved quickly to reshape the Commonwealth’s election landscape.
The most consequential change is House Joint Resolution 4 (HJR 4), a proposed constitutional amendment that would permit Virginia to redistrict congressional lines mid-decade if another state does so first. State Democrats are considering creating a 10-to-1 map.
HJR 4 may not survive legal challenges, but will go before voters in April if it does, leaving enough time to redistrict prior to November’s midterms. Incoming Attorney General Jay Jones also gave the General Assembly an assist by issuing an official opinion on Inauguration Day that provided the legislature with legal cover on the process for adopting the plan.
A second proposed constitutional amendment, slated for the November ballot, would repeal Virginia’s felon voting restrictions and enshrine a “fundamental right to vote” in the state constitution.
State Democrats are pushing a variety of voting changes in addition to the constitutional amendments. Although many will never become law, decisive control over state government makes passage of some key priorities virtually certain. The Senate has already passed a bill returning Virginia to the Electronic Registration Information Center (ERIC) and that looks to be fast-tracked. As does another bill that would undo the Youngkin administration’s noncitizen voter removal policy. The House has also passed legislation significantly restricting the public’s ability to challenge voter registrations and prohibiting hand-counting ballots. You shouldn’t also be surprised to see movement on opt-out automatic registration and similar proposals on progressive wish lists.
Beyond legislation, Governor Spanberger’s victory has also triggered personnel changes. She swiftly replaced the state Commissioner of Elections and per state law local electoral boards transitioned on January 1 from majority Republican to Democrat. Although these changes may not be as glaringly impactful on elections as redistricting and other legislation, the Commissioner is the day-to-day chief state election official responsible for hiring and issuing guidance and can influence elections policy in significant ways. Similarly, local electoral boards wield supervisory authority over local general registrars, including hiring, and exert meaningful influence over local election administration.
The State Board of Elections (SBE) will remain under Republican control until next year, when it too will transition to a Democrat majority. The new Attorney General’s lawyers will also be advising state election officials and representing them in litigation.
Those reading this probably already pay close attention to elections policy, but the reality is it will rarely be the marquee issue or dictate the average voter’s choice in a given election. But significant swings like we saw in Virginia have major implications for voters and election administrators, especially in today’s heated ideological divide where each side feels our democratic processes are in near-existential crisis.
Riemer previously served as Deputy Secretary of the Virginia State Board of Elections in Gov. Bob McDonnell’s administration.
Arizona
Lawmakers are moving closer to placing a referendum on this year’s ballot that would make several changes to the state’s elections. If passed by the legislature and approved by voters, the measure would move the early voting deadline to 7 p.m. on the Friday before Election Day, require voters to present government issued ID before casting a ballot, and require voters who wish to vote by mail to confirm their address annually.
Colorado
Secretary of State Griswold has reiterated her refusal to share the state’s voter roll data with the U.S. Department of Justice.
Florida
A contractor for Smart and Safe Florida—a campaign to legalize recreational marijuana—was arrested for fraudulently filling out voter registration applications for individuals that signed a petition being circulated by the group.
Lawmakers on the Senate Criminal Justice Committee in Tallahassee reported out legislation that would establish a voting eligibility database for individuals who were previously incarcerated. The bill just passed through the Senate Criminal Justice Committee. The committee also advanced a related bill requiring that criminal defendants be informed of any resulting loss of voting rights and the steps necessary to have those rights restored.
Georgia
Fulton County election officials have filed a request with the U.S. District Court for the Northern District of Georgia asking the court to order that the FBI return the documents they seized last week related to the 2020 election.
A Georgia House study committee has recommended that the state shift to the use of hand-marked paper ballots and procure funds for a new voting system.
Kansas
The Secretary of State’s office and legislators are developing a legislative contingency plan to suspend advanced vote-by-mail if a court invalidates the state’s signature verification laws. Restoring Integrity and Trust in Elections (RITE) submitted testimony to the Committee to underscore the importance of the signature verification process.
Maine
Secretary of State Bellows is doubling down on her pledges that she will not turn over the state’s voter rolls to the DOJ.
Maryland
Maryland’s House of Delegates passed a new proposed congressional redistricting map on Monday but the Senate President has said it’s all but dead on arrival in the Senate.
A proposed bill would grant Howard County’s student board member voting authority on the school system’s budget, which totals approximately $1.21 billion. Other proposed legislation would lower the voting age in the county’s school board races to 16.
Minnesota
In addition to filing a lawsuit against Minnesota for the state’s voter rolls in September, U.S. Attorney General Pam Bondi recently wrote Governor Walz demanding access to the state’s voter rolls, among other requests unrelated to elections. Secretary of State Simon has rejected the request.
Restoring Integrity and Trust in Elections (RITE) recently launched an investigation of Hennepin and Ramsey Counties requesting specific information regarding the state’s voter registration verification processes, voter roll maintenance, and vouching system.
New Jersey
Some 17-year-olds in North Jersey will have the opportunity to vote for the first time in a special primary election to fill the House seat vacated by Governor Sherrill. The change follows legislation signed into law by former Governor Murphy at the start of 2024, which allows 17-year-olds who will turn 18 by the time of the general election to vote in primary elections.
North Carolina
The State Board of Elections voted to review the state’s administrative rules governing absentee ballots, opening the door to tighter policies that would expand the types of errors requiring correction.
The Board of Elections has also opened a public comment portal for a proposed rule related to voter roll list maintenance on the basis of non-citizenship. The portal is open for comments until March 16th.
Pennsylvania
An investigation concluded that human error was the proximate cause behind a pollbook printing issue that forced thousands to vote via provisional ballot in the 2025 General Elections in Chester County.
South Dakota
A bill moving through the state Legislature would allow voters and certain officials to challenge another person’s voter registration based on the basis of the voter’s citizenship status.
Utah
State legislators will have the opportunity to consider an election omnibus bill that will require documentary proof of citizenship and an audit of the state’s voter rolls.
Washington
Prosecutors are appealing a decision that overturned a criminal conviction for duplicate voting to the state supreme court. The appellate court had decided that a voter did not commit a crime when he voted in elections held on the same day in Washington and in Oregon.
Alaska
Giessel v. State, No. 3AN-26-04465Cl (Alaska Super. Ct., 3d Jud. Dist.)
On January 22, supporters of Alaska’s top-four primary and ranked choice voting election system sued the Alaska Division of Elections, claiming the state’s official description of a ballot measure seeking to repeal the top-four primary and ranked-choice voting is biased and inaccurate.
Arizona
Petersen v. Fontes, No. CV2024-001942 (Super. Ct. Maricopa Cnty.)
On January 21, the legislature appealed to the state supreme court seeking to overturn an appellate court decision that upheld two challenged provisions of the Elections Procedures Manual (EPM) concerning the Active Early Voting List and the scope of county supervisors’ authority in election canvassing.
California
People v. City of Huntington Beach, No. 30-2024-01393606 (Super. Ct. Orange Cnty.)
On January 28, the state supreme court denied Huntington Beach’s appeal, leaving in place an appellate court decision that struck down the city’s voter ID requirement as preempted by state law.
Tangipa v. Newsom, No. 2:25-cv-10616 (C.D. Cal.)
On February 4, the U.S. Supreme Court rejected a Republican appeal to halt California’s new congressional map approved under the Proposition 50 ballot measure.
Florida
University of South Florida College Republicans v. Lutnick, No. 8:25-cv-2486 (M.D. Fla.)
On February 3, a federal court dismissed a challenge to the 2020 census, ruling the suit was filed too late. The plaintiffs alleged that statistical methods undercounted Florida’s population and cost the state two congressional seats.
Georgia
United States v. Raffensperger, No. 1:26-cv-00485 (N.D. Ga.)
On January 23, the Department of Justice refiled a lawsuit seeking Georgia’s unredacted voter data—this time in the Northern District of Georgia—after the Middle District dismissed a similar lawsuit citing lack of jurisdiction.
Hawaii
Babylon Bee v. Lopez, No. 25-00234 (D. Haw.)
A federal court struck down Hawaii’s Act 191, which prohibited distributing “materially deceptive media” involving political candidates during election season, ruling it unconstitutional in a lawsuit brought by The Babylon Bee and a Hawaii resident.
Mississippi
Republican National Committee v. Watson, No. 1:24-cv-00025 (S.D. Miss.)
The U.S. Supreme Court has docketed oral argument for March 23. This is a challenge to Mississippi’s statute permitting absentee ballots that are postmarked by Election Day but received up to five days later.
Missouri
Missouri v. U.S. Dep’t of Commerce, No. 4-26-cv-00131 (E.D. Mo.)
On January 30, Attorney General Hanaway filed a lawsuit against the U.S. Department of Commerce and Census Bureau, seeking to exclude illegal aliens from the census count used for congressional apportionment.
Nebraska
On January 29, a state court heard arguments in a lawsuit brought by Common Cause Nebraska seeking to prevent the state from releasing voter data to the DOJ. Secretary of State Evers has pledged to release the voter file on February 12 “unless the court orders otherwise.”
New York
Williams v. Board of Elections of the State of New York, No. 164002/2025 (N.Y. Sup. Ct., N.Y. Cnty.)
On January 26, state defendants appealed a trial court decision which ruled that a GOP-held House district was unconstitutionally configured and ordered the state’s Independent Redistricting Commission to create a new map ahead of the 2026 midterm elections.
North Carolina
College Democrats of North Carolina v. North Carolina State Board of Elections, No. 1:26-cv-92 (M.D.N.C.)
On January 27, the College Democrats of North Carolina and several students sued the North Carolina State Board of Elections seeking to restore early voting sites on campuses. Oral argument on the preliminary injunction motion is scheduled for today (February 5).
Oregon
United States v. Oregon, No. 6:25-cv-01666 (D. Ore.)
On January 26, a federal court dismissed the DOJ’s lawsuit seeking access to the state’s unredacted voter rolls. A written opinion is expected to issue shortly.
Pennsylvania
Kopecki v. Lackawanna, No. 3:25-cv-02513 (M.D. Pa.)
The Center for Election Confidence is supporting a lawsuit on behalf of a voter alleging that the county’s “gross maladministration of mail-in and absentee ballots during the 2025 Republican Primary Election” directly resulted in his disenfranchisement, infringing on his First and Fourteenth Amendment rights.
South Carolina
Grant v. Knapp, No. 2:23-cv-06838 (D.S.C.)
On January 28, the Fourth Circuit heard arguments in a lawsuit challenging absentee ballot restrictions for some voters under age 65. The plaintiffs argue that the law violates the 26th Amendment.
Texas
Houston Justice v. Harris County, No. 2026-05006 (157th Dist. Ct., Harris Cnty.)
On January 26, a state court granted an extension of early voting for the runoff election in Texas’s 18th Congressional District after severe winter storms disrupted scheduled polling activities.
Jolt Initiative v. Paxton, No. 1:25-cv-1808 (W.D. Tex.)
On January 29, a federal court ruled that Attorney General Paxton had failed to prove that Jolt Initiative had violated the law. Paxton had earlier filed an action seeking to revoke Jolt’s corporate charter, accusing the nonprofit of orchestrating “a systematic, unlawful voter registration scheme.”
Utah
Powers v. Henderson, No. 2:26-cv-84 (D. Utah)
On February 2, several plaintiffs, including two members of congress, sued the Lt. Governor seeking to overturn Utah’s new court-ordered congressional map on the basis it violated the U.S. Constitution’s Elections Clause.
Virginia
King v. O’Bannon, No. 3-23-cv-408 (E.D. Va.)
On January 22, a federal court ruled that Virginia’s lifetime felony disenfranchisement rule violates the federal Virginia Readmission Act of 1870, which governed the terms under which the Commonwealth was readmitted to Congress after the Civil War and limited disenfranchisement to crimes that were considered felonies at common law.
McDougle v. Nardo, No. CL25-1582-00 (Va. Cir. Ct. Tazewell Cnty.)
On January 27, 2026, a state court ruled against Virginia Democrats’ bid to put a mid-decade redistricting amendment on the ballot for an April 2026 election, siding with Republican legislators who had challenged the move as illegal under state law.
Wisconsin
Disability Rights Wisconsin v. Wisconsin Elections Commission, No. 2024CV01141 (Wis. Cir. Ct. Dane Cnty.)
On January 26, a state court denied the legislature’s attempt to intervene in a lawsuit challenging state laws which bar voters from receiving and marking ballots electronically.
Precious Ayodabo v. City of Madison, No. 2025CV003082 (Wis. Cir. Ct. Dane Cnty.)
On January 23, Governor Evers filed an amicus brief disputing Madison and its former city clerk’s claim that they cannot be held liable for the loss of 193 absentee ballots on the grounds that absentee voting is merely a privilege.
Rep. Bryan Steil (R-WI), Chairman of the House Administration Committee, introduced a sweeping election-reform bill package—the Make Elections Great Again (MEGA) Act—in the U.S. House aimed at strengthening election integrity. The bill includes documentary proof of citizenship requirements for voter registration, enhancing voter-roll maintenance standards, banning universal vote-by-mail, and mandatory voter ID.
The U.S. Election Assistance Commission (EAC) has opened a public comment period for its proposed 2026 Election Administration and Voting Survey (EAVS)—the biennial questionnaire EAC distributes to state and local election officials to collect standardized data on election administration.
The EAC has also released its 2025 Annual Report.
On February 10, the Committee on House Administration will hold a full committee hearing titled, “Make Elections Great Again: How to Restore Trust and Integrity in Federal Elections.”
Jason Snead argues that the controversy over Minnesota’s vouching system—whereby voters can have their eligibility attested by others at the polls—combined with other security gaps illustrates the need for federal reforms like the Safeguard American Voter Eligibility (SAVE) Act.
Michael Gragoso writing for National Review urges Congress to reject the SAVE Act, stating “if Republicans get in the game of federal election regulation, it will be an endless back-and-forth for preferred, national election regimes between the two parties.”
The Honest Elections Project released a comprehensive blueprint of proposed election-policy reforms aimed at improving election administration standards ahead of the 2026 cycle. The report outlines a wide range of priorities, including requiring documentary proof of U.S. citizenship for voter registration, accelerating voter-roll maintenance, investigating and prosecuting election crimes, imposing voter ID requirements for every ballot, and promoting robust post-election audits.
This study by MIT’s Charles Stewart and Sina Shaikh examines how election administration policies, particularly preprocessing and mail ballot usage, influenced the timing of vote reporting in the 2020 and 2024 U.S. general elections.
This report from Issue One analyzes election official turnover in 11 Western states since the 2020 presidential election. The analysis found that 50% of chief local election officials in Western states have left their jobs since November 2020, with the vast majority departing voluntarily for personal reasons.
The Grant Institute has potential openings for junior level attorneys and others interested in the study of election administration and voting issues. Interested candidates should please email their resume to info@grantdemocracy.org.