Voter ID Goes to Washington, Again
By Justin Riemer, President, USGI, and Marshal Trigg, Counsel, USGI
The introduction of the Voter ID Act last week marks the latest effort by Congress to set national rules for verifying voter eligibility. Introduced by House Administration Committee Chairman Bryan Steil, the legislation would require voters to provide identification when casting a ballot in federal elections, either in-person or by mail.
The bill looks designed to address the most common criticisms of both recent federal legislation such as the SAVE America Act and voter ID requirements more broadly. Opponents argue that ID requirements may burden voters who lack government-issued identification. To assuage these concerns, the legislation would authorize federal grants to support states’ issuance of free ID cards, provides for an affidavit exception for those with a religious exemption, and would permit voters without ID to cast provisional ballots rather than being turned away outright. It also permits mail voters to list the last four digits of their Social Security number on their ballot return materials in lieu of a photocopy of their photo ID so long as they attest to being unable to obtain a copy of one after making reasonable efforts.
The Voter ID Act is also more narrowly tailored than other measures now before Congress that include voter ID provisions such as the SAVE America Act which would also require documentary proof of citizenship (“DPOC”), and Congressman Steil’s own more comprehensive MEGA Act that encompasses a federal overhaul of mail voting, ranked-choice voting bans, and voter list maintenance changes. The Voter ID Act touches only on verifying ID. For example, opponents of the SAVE America Act have focused on alleged difficulties associated with married women and young voters securing DPOC and less on its voter ID provisions. Narrowing the focus to voter ID narrows the target and may improve its odds of passage.
Although a national standard would at least partly preempt preexisting state ID laws, including in states that already have a strict photo ID requirement like Texas, there are undoubtedly benefits to national uniformity instead of the patchwork of rules in place now. Election officials can coordinate public education efforts on a nationwide basis, as could political parties and nonprofit groups. Interstate movers would also have the benefit of having consistent rules instead of learning the nuances of their new state’s voter ID requirements.
Requiring photo ID to vote is broadly popular. Indeed, recent research supported by the Grant Institute suggests it bolsters confidence in the electoral process and the legitimacy of those elected. Whether it can clear a closely divided Congress is another question. Perhaps at a minimum, it can serve as a starting point for achieving the type of consensus needed to clear the high bar for passing meaningful legislation in the modern Congress.
Alaska
The Division of Elections made a final ruling of ineligibility for a primary challenger to Senator Dan Sullivan. The challenger, also named Dan Sullivan, was determined to have not filed his candidacy in good faith. The Division of Elections cited that the challenger is registered to vote under the name Daniel J. Sullivan, Jr.; an email requesting ballot access as Dan S. Sullivan, the incumbent senator’s name; and registration as a Republican only just before filing to run. The challenger has appealed in state court.
Arizona
The state legislature passed HCR 2001 on June 12 along party lines. The passage places a measure on the state’s general election ballot for approval that would require all voters to provide “valid government issued proof of identity” including for mail-in ballots. If passed by voters, the measure would take effect in 2028.
Arkansas
The State Board of Election Commissioners voted to petition the U.S. Supreme Court following a ruling from the Eighth Circuit Court of Appeals holding that the state’s “wet-signature” rule was not material to determining voter qualifications. The rule prohibits the use of e-signatures for voter registration and requires a “wet-signature” on a piece of paper. The Eighth Circuit’s ruling creates a circuit split as both the Fifth and Eleventh Circuits have found similar provisions to be material and serving a legitimate state interest. The Board has until August to formally file their appeal.
California
The Los Angeles City Council approved a ballot measure that would allow for noncitizen voting in local elections. The proposal would allow for residential-based voting in city and district elections, and will be voted on in the November 3 election. Los Angeles would join cities such as San Francisco and Washington, DC in allowing for noncitizen voting if the measure passes.
Delaware
The legislature rejected a same-day voter registration bill, which fell short of the required two-thirds majority. Twenty-two states currently allow same-day registration.
The state House passed HB 180, a constitutional amendment that would allow for the restoration of voting rights to felons after their sentences have been served. The bill will now go to the Senate for consideration. As the bill is a constitutional amendment, it would require two consecutive legislatures to pass it before coming into effect.
Georgia
The General Assembly reconvened for a special session called by Governor Kemp to address the state voting system ahead of a July 1 deadline barring QR-code ballot tabulation, for which no replacement has been established. The legislature passed Senate Bill 3EX, which extends that deadline to January 2028, creates a committee to recommend specifications for a new statewide system by January 31, 2027, limits the Secretary of State’s role in selecting it, and expands the contests subject to risk-limiting audits. The bill requires hand recounts in governor or lieutenant governor races decided by 0.5% or less. It now goes to Governor Kemp for signature.
The General Assembly declined to take up redistricting in the special session. Leaders in both chambers expressed that they felt the special session did not give enough time to properly pursue the matter, choosing instead to delay until regular session.
Hawaii
Governor Green signed Senate Bill 2239 into law on June 18. The law will implement automatic voter registration beginning January 1, 2027 tied to applications for or updates to the state driver’s license. The state previously used an opt-in system for voter registration, but under the new law will implement an opt-out system for voter registration.
Maine
State election officials delayed ranked-choice runoff tabulations in the gubernatorial primaries and the 2nd Congressional District Democratic Primary after encountering discrepancies in a small number of ballots.
Maryland
State officials removed a Guyanese national unlawfully present in the country from its voter rolls. The man had registered to vote in 2011 and re-registered in 2017 following removal for inactivity. The state had initially resisted calls to remove the man from the voter rolls, but did so after he was convicted of gun charges and lying about his citizenship status to obtain a school superintendent position in Iowa.
Michigan
The state Bureau of Elections removed an Antrim County Clerk’s access to voter rolls after allegations she changed or cancelled voter registrations. Maintenance of qualified voter rolls is the responsibility of city and township clerks, and the Bureau alleges that the clerk overstepped her authority and responsibilities by altering or sending notice of cancellation to voters. The clerk has previously cited a “mandate” from voters to clean up the county’s rolls. The clerk is also under investigation for an incident involving her husband’s unsupervised access to secure areas of the County Clerk’s office.
Minnesota
A state election judge pled guilty to accepting 11 ballots from unregistered voters during the 2024 election. The guilty plea led to a felony conviction with a stayed one-year prison sentence. The judge will serve five years of supervised probation and is barred from serving as an election judge in the future.
Missouri
A county clerk stated that Missouri’s redrawn congressional districts will be used in the state’s primary election. The clerk had previously resisted switching to the new maps, pending the Secretary of State’s decision on a referendum that would make the districts subject to a statewide vote.
Nevada
Churchill County misassigned 881 Fallon voters to the wrong ward, issuing them ballots that omitted the City Council Ward 1 contest. County officials notified the city, and the city council voted to hold a special election on July 21 to resolve the issue.
North Carolina
A state House committee approved a sweeping elections bill. The latest version would, among other things, bar State Board of Elections and county board members from supporting or opposing candidates or encouraging turnout, require the State Auditor to audit all 100 counties over a six-year period, raise the campaign-finance reporting exemption so fewer contributions and expenditures are disclosed, and remove “never-resident” overseas voters from the definition of eligible voters. The bill would also lengthen the wait before party-switchers can run under a new affiliation.
Ohio
The FBI conducted a raid of an Ohio voter registration group as part of an ongoing fraud investigation. In addition, the FBI sent agents to interview employees and staff of the organization at their homes. In 2017, a paid canvasser of the organization pled guilty to a fraudulent voter registration scheme. The organization denies any impropriety in its actions.
Oregon
Governor Kotek’s office stated that the governor was not considering mid-decade redistricting. Previous redistricting efforts in the state have led to Republican walkouts from the state legislature.
Texas
The state has assumed administrative oversight of voter registration in Val Verde County. This comes after county officials repeatedly failed to maintain accurate records according to the state’s mandatory audit. The state did not indicate how long the oversight was expected to last, but mentioned that a full report was expected by July.
North Carolina
Photo ID, Absentee Voting, Recount, and Voting Site Rules
Comment deadline: July 14, 2026 (all four sets)
Voting Site Rules hearing: June 29, 2026
The State Board of Elections has proposed four sets of amendments under its general supervisory authority over elections (N.C.G.S. § 163-22), all open for public comment from May 15 through July 14, 2026.
The Photo ID Rules (08 NCAC 17 .0101, .0109) align certain deadlines with statutory deadlines and would make a county board’s decision on an in-person or absentee photo-ID exception affidavit a majority-vote matter rather than a unanimous one.
The Absentee Voting Rules (08 NCAC 18 .0201–.0505) set procedures for county staff reviewing returned absentee ballots, distinguishing curable deficiencies, non-curable deficiencies that require cancellation and reissuance, and irregularities that do or do not require contacting the voter.
The Recount Rules (08 NCAC 09 .0110) change the deadline for when a county board must begin a hand-to-eye recount.
The Voting Site Rules (08 NCAC 10C .0101–.0104) address buffer zones, electioneering areas, and conduct, including noise, at voting sites.
Alaska
Sullivan v. State of Alaska, Division of Elections, No. 3AN-26-07485 (Alaska Super. Ct.)
On June 22, Daniel J. Sullivan, Jr., filed suit against the State Division of Elections over primary ballot access. The Division of Elections ruled him ineligible for ballot access in a primary race against incumbent Senator Dan Sullivan, stating that the filing was not in good faith.
Arizona
Heap v. Galvin, No. 1 CA-CV 26-0446 (Arizona Court of Appeals Division One)
On June 18, the Arizona Court of Appeals paused a lower court ruling dividing election administrative duties in Maricopa County prior to the July 21 primary. The court cited the Purcell principle commonly used in federal courts to prevent significant electoral changes prior to elections. The Maricopa County Recorder stated that he would appeal the decision to the state Supreme Court.
Arkansas
Arkansas United v. Thurston, No. 5:20-cv-05193 (W.D. Ark.)
On June 22, the U.S. Supreme Court denied certiorari to plaintiffs, leaving an Eighth Circuit Court of Appeals ruling in place which held that no private right of action is contained in Section 208 of the Voting Rights Act.
California
State of California v. Shasta County, No. C106517 (Cal. Ct. Appeal, Third Appellate District)
On June 12, state Attorney General sued Shasta County over the passage of a ballot measure the state contends violates state election laws. Shasta County voters passed Measure B, a ballot measure that would require voter ID, hand counting, and restrict mail-in voting. The Attorney General states that the county does not have the authority to make these types of changes, and they would come into conflict with state laws, while the county contests the measure could be altered to come into compliance with existing law. The Shasta County Board of Supervisors voted unanimously to not defend Measure B in the lawsuit.
District of Columbia
League of Women Voters v. U.S. Department of Homeland Security, No. 25-3501 (D.D.C.)
On June 22, a federal court set aside changes made by the federal government to the Systematic Alien Verification for Entitlements (SAVE) system. The changes were made pursuant to an executive order directing DHS and SSA to create a database that would allow states to quickly verify citizenship of individuals registering to vote. The court ruled that the changes implemented failed to meet congressionally mandated privacy protections and infringed on individuals’ voting and privacy rights.
Georgia
In re Georgia Senate Bill 202, No. 1:21-mi-55555 (N.D. Ga)
On June 12, a federal court declined to temporarily block parts of Georgia Code § 21-2-414 restricting gifts, including food and water, from being given within 150 feet of a polling location. Plaintiffs sought a preliminary injunction to prevent the relevant sections from being enforced during the primary election runoffs on June 16.
Dolezal v. Raffensperger, No. 26CV007174 (Fulton Cnty. Super. Ct.)
On June 12, a state court granted a motion to dismiss an emergency petition seeking to compel the Secretary of State to grant access to the state voting operations center to political candidates during election counting. The court noted that all counting is done at the county level and the state operations center serves only as the official publisher of vote tabulations.
Republican National Committee v. Hancock, No. 26-A-05660-7 (Gwinnett Cnty. Super. Ct.); Republican National Committee v. Allen, No. 26CV008750 (Fulton Cnty. Super. Ct.)
On June 18, the Republican National Committee sued Fulton County and Gwinnett County alleging both counties created additional ballot drop-off locations in violation of state law. Additionally, the suits allege the counties created an additional means of ballot return by allowing absentee ballots to be delivered to poll workers in addition to the allowed drop-boxes or designated officials.
Maryland
United States v. DeMarinis, No. 1:25-cv-03934 (D. Md.)
On June 22, a federal court granted a motion to dismiss with prejudice the federal government’s lawsuit seeking to obtain the state’s unredacted voter file.
Massachusetts
California v. Trump, No. 1:26-cv-10810 (D. Mass.)
On June 24, a federal court barred the federal government from implementing President Trump’s executive order that would require proof of citizenship when registering to vote. The decision converts an earlier preliminary injunction into a permanent injunction.
California v. Trump, No. 1:26-cv-11581 (D. Mass.)
On June 18, a federal court ruled that states had standing to sue the federal government over President Trump’s Executive Order 14399 impacting mail-in voting. The states are seeking to enjoin the order prior to the 2026 election, and the court ruled that the case was ripe for review.
Michigan
Republican National Committee v. Benson, No. ____ (Mich. Ct. Cl.)
On June 23, the Republican National Committee sued the Michigan Secretary of State over recently promulgated election rules. The suit alleges the rules violate state law by allowing the number of election challengers in polling places to be lowered below the statutory threshold, denying common conveniences to challengers, and restricting the ability to observe certain processes.
United States v. Benson, No. 1:25-cv-1148 (W.D. Mich.)
On June 24, the Sixth Circuit Court of Appeals ruled that the Department of Justice cannot compel the state of Michigan to turn over its unredacted voter list under the Civil Rights Act of 1960.
Minnesota
Minnesota Voters Alliance v. City of Minneapolis, No. ___ (Minn. Sup. Ct.)
On June 11, the Minnesota Voters Alliance sued the City of Minneapolis alleging that the city does not intend to appoint party-balance election judges for early voting in 2026. State law requires election judges to be appointed for early voting and that the judges be party-balanced. The city also failed to appoint election judges during the 2024 election.
Nebraska
Republican National Committee v. Evnen, No. CI 26-___ (Dist. Ct., Lancaster Cnty.)
On June 22, the Republican National Committee filed suit against the state regarding a law that allows for U.S. citizens who have never resided in Nebraska or the United States to vote in Nebraska elections provided one parent is registered to vote in the state. The lawsuit argues this violates the state constitution’s provision that voters must have resided in the state and county in which they register to vote.
Oklahoma
Public Interest Legal Foundation v. Ziriax, No. 5:26-cv-01440-HE (W.D. Okla.)
On June 16, the Public Interest Legal Foundation (PILF) filed a lawsuit against the State of Oklahoma seeking to compel disclosure of the state’s voter roll. Oklahoma state law prohibits the disclosure of the voter roll to non-residents, which PILF contends violates the public disclosure requirements of the National Voter Registration Act.
Virginia
King v. O’Bannon, No. 3:23-cv-408 (E.D. Va.)
On June 18, plaintiffs filed a motion to enforce a prior judgment, asking a federal court to order expedited compliance with its earlier ruling that Virginia may disenfranchise only for the common-law felonies recognized in 1870 under the Readmission Acts. The state has 14 days from the filing to respond.
Wisconsin
Bothfeld v. Wisconsin Elections Commission, No. 2026AP001168 (Wis. Supreme Ct.)
On June 11, the Wisconsin Supreme Court agreed to hear a second challenge to the state’s current congressional maps, which argues that the current maps are drawn illegally for partisan advantage. A three-judge circuit court panel had dismissed it in March as too similar to previous failed challenges before the high court took it on appeal.
President Trump canceled a scheduled signing of the bipartisan 21st Century ROAD to Housing Act, stating he would not sign it until Congress passes the SAVE America Act, which would require documentary proof of citizenship to register to vote in federal elections. The housing bill had cleared both chambers. The SAVE America Act has not advanced through the Senate.
On June 18, House Administration Committee Chairman Bryan Steil introduced the Voter ID Act, which would require photo identification to vote in federal elections, with driver’s licenses, passports, and military IDs among the accepted forms. Mail and absentee voters could attach a copy of their ID, voters who forget theirs on Election Day could cast a provisional ballot, and a new Election Assistance Commission grant program would reimburse state and tribal governments that provide free IDs to voters who cannot afford one.
The Department of Homeland Security plans to condition roughly 20 percent of state homeland-security grant funding on the adoption of specified election changes, including moving toward hand-marked paper ballots and running voter rolls through the SAVE citizenship database. States that decline would forgo the affected share of grant money, which supports counterterrorism and disaster preparedness. The guidance is expected to go to states later in the month.
Homeland Security Investigations, a unit within ICE, obtained voter-file information from Webb County, Texas, and Forsyth County, North Carolina, as part of the administration’s effort to identify noncitizen voting.
Postmaster General David Steiner defended a proposed rule, stemming from a March executive order, that would require states to provide the Postal Service with lists of voters who received mailed ballots. Testifying before the Senate Homeland Security and Governmental Affairs Committee, Steiner said USPS would not deliver ballots in states that refuse to comply.
Multiple pending appeals in election law cases may reach the Supreme Court’s docket in the fall term, including challenges to voting laws in Texas, Arizona, and Pennsylvania. (Note: Arkansas United v. Thurston was recently resolved when the Court denied certiorari.)
The U.S. Election Assistance Commission announced a professional certification recognizing state and local election officials who complete the agency’s free on-demand training in its Learning Lab platform.
Alysoun McLaughlin of the University of Maryland’s Election Resilience Lab argues that Maryland’s recent ballot printing error shows outsourcing ballot mailing did not remove risk but shifted it to managing vendors, and calls for greater state capacity and more research on election infrastructure.
Hans von Spakovsky of Advancing American Freedom argues in this report that the National Voter Registration Act mandates public access to voter-registration records and preempts state laws restricting disclosure, analyzing a circuit split in the federal courts of appeals. A short-form version of these findings is featured in The Federalist.
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.
NOTE: In observance of the Fourth of July holiday, the next edition of the Grant Report will issue July 16. We hope you enjoy celebrating America’s 250th birthday!