The nonpartisan Campaign Legal Center, a nonprofit government watchdog group that supports strong enforcement of federal campaign finance laws, has released a 40-page report that breaks down affecting early voting and voting by mail legislation passed by 39 state legislatures, including Louisiana, on or before June 30, 2021, in response to the 2020 presidential election.
While two states, Illinois and Washington, received perfect grades for protecting voting rights, four others that passed restrictive vote-by-mail and early voting laws would have been subject to preclearance if the John Lewis Voting Rights Advancement Act was in effect. Preclearance would have required those four states – Louisiana, Alabama, Georgia and Florida – to prove to the U.S. Department of Justice that their restrictive laws would not discriminate against voters of color.
“The John Lewis Voting Rights Advancement Act (VRAA) would prevent many states from erecting barriers that have a discriminatory impact on racial minorities,” the report says. “Originally, the Voting Rights Act operated to require certain jurisdictions with a history of racial discrimination to get approval, or “preclearance,” from the federal government for all election-related changes. This helped ensure that election rules did not impose racially discriminatory barriers. Since the Supreme Court struck down Section 5 of the Voting Rights Act in Shelby County v. Holder in 2013, the Department of Justice has not had the tools it needs to hold states with a history of discrimination in voting accountable for passing election laws that erect barriers to the polls for voters of color.
If passed, the VRAA would restore Section 5 of the Voting Rights Act and provide a new coverage formula to determine which states with a history of racially discriminatory voting practices will be subject to federal government oversight. Specifically, the VRAA’s new coverage formula would require federal oversight for each state that has had a history of freedom-to-vote violations in the last 25 years that would continuously update based on each states’ future conduct.
Under the new formula provided by the VRAA, Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, Texas and Virginia would likely be subject to preclearance under the VRAA.
In Louisiana, the news was both good and bad. The legislature “took steps backward” in its 2021 session by passing SB 224, which would have required voters to have photo ID to vote by mail, but Gov. John Bel Edwards vetoed, a veto the legislature was unable to override. On the plus side of the ledger, the legislature did extend the number of early voting days for presidential elections to 11 days, giving the state an overall 6 of 10 possible scoring points.
Alabama, probably to no one’s surprise, had the worst grade of any state in the country following its 2021 session, finishing with a dismal score of 2. “Alabama did nothing to improve voting conditions,” the report says. “Indeed, Alabama codified its ban on curbside voting, which was the subject of litigation during the 2020 elections.
Mississippi, the only state with a higher percentage of black citizens (38.5 percent to 33.4 percent), made no changes to its vote-by-mail policies during the 2021 legislative session and continues to have some of the worst vote-by-mail policies in the country. It remains one of only three states analyzed without any form of an online ballot-tracking system.
“The Louisiana State Legislature passed a number of restrictive voting bills that were subsequently vetoed by the governor,” the report says. Among these bills was SB 224, which would have required photo ID to vote by mail. Louisiana, graded as Restrictive, is one of the few states that continues to require voters to have an excuse to vote by mail. The governor vetoed this bill, “because it would make the application to vote absentee by mail more stringent than what is currently required to actually vote absentee by mail.” In a subsequent veto-override session, the legislature declined to override the governor’s veto. A new law requiring photo ID for mail ballots would have undoubtedly been subject to preclearance under the VRAA.
“Out of the 39 states in this report whose legislative sessions have adjourned for 2021, two received perfect grades—Illinois and Washington—and no state received a 0/10,” the report says. “Seven of the 39 states changed their vote-by-mail and early voting laws for the worse, while nine states changed their laws for the better. Unfortunately, many of the states that changed their laws for the better still fall short of the suggested best practices for vote by mail and early voting used in this report. The nine states that improved for vote by mail and early voting are Illinois, Kentucky, Maryland, New Jersey, New York, Oregon, Vermont, Virginia and Utah, and the seven states that passed restrictions are Alabama, Arizona, Arkansas, Florida, Georgia, Iowa and Louisiana.
“Under preclearance, covered states would have to submit any new voting law to the federal government or federal court system for a determination that the law does not have the impact of discriminating against racial minorities. Many of the voting laws covered under preclearance would include policies related to vote by mail and early voting.”
The nonpartisan Campaign Legal Center, a nonprofit government watchdog group that supports strong enforcement of federal campaign finance laws, has released a 40-page report that breaks down affecting early voting and voting by mail legislation passed by 39 state legislatures, including Louisiana, on or before June 30, 2021, in response to the 2020 presidential election.
While two states, Illinois and Washington, received perfect grades for protecting voting rights, four others that passed restrictive vote-by-mail and early voting laws would have been subject to preclearance if the John Lewis Voting Rights Advancement Act was in effect. Preclearance would have required those four states – Louisiana, Alabama, Georgia and Florida – to prove to the U.S. Department of Justice that their restrictive laws would not discriminate against voters of color.
“The John Lewis Voting Rights Advancement Act (VRAA) would prevent many states from erecting barriers that have a discriminatory impact on racial minorities,” the report says. “Originally, the Voting Rights Act operated to require certain jurisdictions with a history of racial discrimination to get approval, or “preclearance,” from the federal government for all election-related changes. This helped ensure that election rules did not impose racially discriminatory barriers. Since the Supreme Court struck down Section 5 of the Voting Rights Act in Shelby County v. Holder in 2013, the Department of Justice has not had the tools it needs to hold states with a history of discrimination in voting accountable for passing election laws that erect barriers to the polls for voters of color.
If passed, the VRAA would restore Section 5 of the Voting Rights Act and provide a new coverage formula to determine which states with a history of racially discriminatory voting practices will be subject to federal government oversight. Specifically, the VRAA’s new coverage formula would require federal oversight for each state that has had a history of freedom-to-vote violations in the last 25 years that would continuously update based on each states’ future conduct.
Under the new formula provided by the VRAA, Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, Texas and Virginia would likely be subject to preclearance under the VRAA.
In Louisiana, the news was both good and bad. The legislature “took steps backward” in its 2021 session by passing SB 224, which would have required voters to have photo ID to vote by mail, but Gov. John Bel Edwards vetoed, a veto the legislature was unable to override. On the plus side of the ledger, the legislature did extend the number of early voting days for presidential elections to 11 days, giving the state an overall 6 of 10 possible scoring points.
Alabama, probably to no one’s surprise, had the worst grade of any state in the country following its 2021 session, finishing with a dismal score of 2. “Alabama did nothing to improve voting conditions,” the report says. “Indeed, Alabama codified its ban on curbside voting, which was the subject of litigation during the 2020 elections.
Mississippi, the only state with a higher percentage of black citizens (38.5 percent to 33.4 percent), made no changes to its vote-by-mail policies during the 2021 legislative session and continues to have some of the worst vote-by-mail policies in the country. It remains one of only three states analyzed without any form of an online ballot-tracking system.
The Louisiana State Legislature passed a number of restrictive voting bills that were subsequently vetoed by the governor.51 Among these bills was SB 224, which would have required photo ID to vote by mail. Louisiana, graded as Restrictive, is one of the few states that continues to require voters to have an excuse to vote by mail. The governor vetoed this bill, “because it would make the application to vote absentee by mail more stringent than what is currently required to actually vote absentee by mail.” In a subsequent veto-override session, the legislature declined to override the governor’s veto. A new law requiring photo ID for mail ballots would have undoubtedly been subject to preclearance under the VRAA.
“Out of the 39 states in this report whose legislative sessions have adjourned for 2021, two received perfect grades—Illinois and Washington—and no state received a 0/10,” the report says. “Seven of the 39 states changed their vote-by-mail and early voting laws for the worse, while nine states changed their laws for the better. Unfortunately, many of the states that changed their laws for the better still fall short of the suggested best practices for vote by mail and early voting used in this report. The nine states that improved for vote by mail and early voting are Illinois, Kentucky, Maryland, New Jersey, New York, Oregon, Vermont, Virginia and Utah, and the seven states that passed restrictions are Alabama, Arizona, Arkansas, Florida, Georgia, Iowa and Louisiana.
“Under preclearance, covered states would have to submit any new voting law to the federal government or federal court system for a determination that the law does not have the impact of discriminating against racial minorities. Many of the voting laws covered under preclearance would include policies related to vote by mail and early voting.”
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