State lawmakers concerned about the integrity of elections ahead of the 2024 presidential vote are proposing and enacting an unprecedented number of laws to restrict — and, in some cases, expand — voting rights and ballot access.

In the shadow of the 2020 presidential election, states enacted more “restrictive” and “expansive” laws related to voting in 2021 and 2023 individually than in any other years in the last decade, according to the Brennan Center for Justice. Because of this, voters in 27 states will face new requirements that weren’t in place when they voted in 2020.

From outlawing guns in polling places to proposing “mugshot bills,” states across the country continue to consider new legislation that modifies the voting process, and imposes new regulations on ballot counting, absentee and early voting, polling places and election workers.

“Generally among legislators at the state and national level, concerns about voter fraud have become more pronounced,” said David Kimball, a political science professor at University of Missouri-St. Louis.

Kimball said this sort of legislation has increased since the 2020 election, after former President Donald Trump made unfounded accusations that electronic voting equipment was making mistakes.

For example, at least 13 bills to regulate or ban electronic ballot tabulators were introduced in eight states this year, including Arizona, Indiana, Kentucky, New Hampshire and West Virginia, according to Voting Rights Lab data.

Pending legislation in Missouri proposes that all ballots should be cast on paper and hand counted.

At least two Missouri Senate bills would outlaw the use of automatic tabulating equipment and voting machines, except those needed for accessibility purposes. More than 90% of U.S. election jurisdictions use ballot tabulators, according to the nonprofit Bipartisan Policy Center.
Ballot-counting scanners are widely used in states like Missouri even though people still vote on paper ballots, Kimball said. Counties will hand-count a random sample of ballots to ensure it matches up with the machines.

“It’s not like they’re relying entirely on the scanners,” Kimball said. “In big, big counties with hundreds of thousands of voters and ballots counted by hand, it’s going to take time and can be very frustrating and prone to errors.”

No excuses and ballot drop-off

How advanced voting and absentee ballots are handled is a hot-button topic.

Mail-in, advanced and absentee voting are under scrutiny in many states, including Florida, Kansas and Missouri.

According to the National Conference of State Legislatures, 28 states offer “no-excuse” absentee voting, where voters can request and cast an absentee or mail-in ballot with no excuse or reason necessary.

In Missouri, at least two proposed house bills would allow “no-excuse” absentee voting. Absentee ballot requests in Missouri list six reasons for absentee voting, including religious practice, incapacity or confinement due to illness or physical disability, absence from election jurisdiction or working certain jobs.

Florida allows “no excuse” absentee voting, but Sen. Blaise Ingoglia, R-Spring Hill, tried to change that. Ingoglia proposed SB 1752, which would allow voters to cast mail-in ballots only if they couldn’t vote in person because they were out of town during an election, hospitalized or in jail.
Ballot drop-off in several states is subject to change, too.

One Kansas bill, nicknamed the “mugshot bill,” sparked controversy during its February hearing. HB 2572 mandates personal delivery of a ballot and requires individuals to have their pictures taken and their information recorded when delivering advance voting ballots on behalf of others.

In Florida, Republicans proposed a SAC 6 bill that would limit the number of ballot drop-off locations during early voting periods across the state.
Florida’s Republican-controlled legislature and Gov. Ron DeSantis previously banned official ballot drop-off boxes that aren’t physically guarded at all times when they’re available, which made it more expensive for county election administrators and reduced the number of drop-off locations.

Separately, Florida Republicans required voters to request a new ballot before every election. Before the change, a voter could receive a mail-in ballot by making a single request every four years. Far more Democrats in Florida cast ballots by mail and during early voting periods, while Republicans tend to show up on Election Day.

A new polling place atmosphere

Polling places and election workers around the country are facing new rules, too.

New Mexico’s Senate recently passed a bill, SB 5, that makes bringing a loaded or unloaded gun within 100 feet of a polling place’s door while voting takes place a misdemeanor.

SB 5 specifies that law enforcement and concealed carry permit holders are two exceptions. Some conservatives and rural Democrats opposed the bill, and it passed the state House by a single vote.

New Mexico Gov. Michelle Lujan Grisham has until March 6 to sign the bill, which she is expected to do.

In Missouri, SB 926 would expand the regulation of exit polling, sampling and electioneering to apply not only to polling places on Election Day, but during the absentee voting period as well.

The bill would also create the offense of “tampering with an election official,” which includes harassing, intimidating or deceiving an election official or their family members. Committing the offense could result in imprisonment and a $2,500 to $10,000 fine.

“On the safety side, this is something I think has become an increasing concern since 2020: threats to election workers,” Kimball said, adding, “that’s spurred, I think, some legislators to propose measures to increase safety.”

Following false claims that the 2020 presidential election was stolen, counties across the United States experienced a surge in threats directed towards election workers, according to multiple reports and studies. This increase in threats led to an exodus of election personnel.

To alleviate staffing gaps at polling stations, Kansas considered a bill to broaden the pool of eligible poll workers. Kansas HB 2616 would expand eligibility to include active military members, their spouses or dependents and full-time college students regardless of residency or registered voter status.

“The best way to improve voter confidence is to have them become poll workers,” Kansas Rep. Pat Proctor, R-Fort Leavenworth, said. “When you actually see how the process works and all the safeguards that are in place, it really does make you think there is no way to corrupt this. The more people we can get to participate the better.”

Virginia state lawmakers recently voted to rejoin a national membership organization that helps maintain voter rolls.

The nonpartisan Electronic Registration Information Center, or ERIC, ensures up-to-date rolls and helps voters register when they move, said Virginia Sen. Schuyler VanValkenburg, D-Henrico.

At present, 24 states and the District of Columbia are ERIC members. There was a recent exodus of Republican-led member states fueled by “right-wing misinformation,” VanValkenburg said.