The U.S. Supreme Court agreed Monday to take up a challenge to a mail-in voting law in Mississippi. (Photo by Jane Norman/States Newsroom)
The U.S. Supreme Court on Monday took up a Republican-backed challenge to counting mail-in ballots received after Election Day.
Depending how the justices rule, the case could be consequential for Washington and other states that vote by mail.
It stems from a lawsuit against a Mississippi state law allowing mail-in ballots received within five business days after Election Day to still be counted. Roughly 30 states have similar laws, with varying grace periods.
The decision could also have ramifications for next year’s high-stakes midterms, which will decide whether Republicans maintain control of both the U.S. House and Senate. The court will likely hear arguments and rule by mid-2026.
Washington is one of a handful of states that conduct elections by mail and ballot drop boxes. The state accepts mail-in ballots up until the day before certification, which is 21 days after the election, as long as they are postmarked by Election Day.
Ballots for this month’s elections in Washington are still being counted, and the results of some close races have flipped and narrowed during the past week.
A federal judge in Mississippi upheld the state’s law, ruling the state’s statute isn’t preempted by federal law, which says Election Day is the Tuesday after the first Monday in November.
But a federal appeals panel sided with the law’s challengers, the Republican National Committee and the state’s Republican and Libertarian parties. The appeals judges cited the U.S. Constitution’s clause that gives states the power to regulate elections, but also noted that clause says “Congress may at any time by Law make or alter such Regulations.”
President Donald Trump, in his first term, appointed the three judges who issued that decision.
The legal question now is whether “election day” is when voters cast their ballots, or also when they must be received. The appeals court decided that ballots aren’t cast until election officials get them.
While the ruling doesn’t apply in Washington, if the Supreme Court upheld it, the ballot-counting system here would also be thrown into question.
Mississippi officials appealed to the Supreme Court to protect their five-day grace period. The state’s attorney general, a Republican, wrote in a brief to the high court that the appeals decision “would require scrapping election laws in most States.”
“The stakes are high: ballots cast by — but received after — election day can swing close races and change the course of the country,” Attorney General Lynn Fitch wrote.
The law’s opponents say these measures “deprive the electorate of a clear nationwide deadline that ‘puts all voters on the same footing.’”
In the 2024 general election, Washington election officials received nearly 120,000 valid ballots after Election Day that were postmarked on time.
Washington Attorney General Nick Brown, a Democrat, along with colleagues in other states, filed a friend-of-the-court brief urging the Supreme Court to side with Mississippi. They note the appeals court decision “jeopardizes the ability of military service members and their families stationed abroad to have their timely cast ballots counted.”
Asked for comment on the case Monday, Brown’s office referred to the earlier brief.
A spokesperson for Secretary of State Steve Hobbs, also a Democrat, said in a statement that Hobbs’ office supports the Supreme Court’s decision to hear the case.
“We view this as an important opportunity for the Court to provide clarity on the authority of states to accept ballots received after Election Day, provided they are mailed by Election Day and meet all other requirements established in state law,” Charlie Boisner added.
President Donald Trump has repeatedly attacked mail-in voting.
In a March executive order, for example, he urged U.S. Attorney General Pam Bondi to stop states from counting absentee or mail-in ballots received after Election Day in federal elections.
Washington state’s Republican Party also wants to see a return to in-person voting, with same-day vote counts.
The Supreme Court is already grappling with other litigation focused on mail-in ballots.
Last month, they heard arguments in the case of an Illinois congressman who sued over a law in his state counting ballots received up to 14 days after Election Day. That case deals with the more procedural issue of the standard plaintiffs must meet to be allowed to sue over an election law.
This article was updated with comment from the Washington secretary of state’s office.
This story was originally produced by Washington State Standard, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.
Chief Inspector Megan Williamson processes absentee ballots at the Hawthorne Library on Madison's East Side. (Henry Redman | Wisconsin Examiner)
The Wisconsin Institute for Law and Liberty, a right-wing law firm, complained in a letter to the U.S. Department of Justice last week that the Wisconsin Elections Commission is improperly allowing erroneous data entries to remain in the state voter registration database.
The Elections Commission says WILL is overstating its claims, misunderstanding how the voter database is used and wrong about the requirements of federal law. Meanwhile election administration experts say that WILL is stoking the fears of Wisconsin election conspiracy theorists, which is dangerous because of the Trump administration’s history of election meddling, increasing willingness to prosecute perceived enemies and growing warnings that it will interfere in next year’s midterms.
In its letter to the DOJ, WILL complains that the state voter database includes “thousands of active, registered voters in Wisconsin whose voter registration information does not match the information in their DOT records. And WEC appears to be doing nothing about it.” The letter states that this problem has only worsened in recent years.
State law requires that whenever someone registers to vote, either online or in person with their local municipal clerk, the information they provide is double checked against data kept by the state Department of Transportation — the person’s name, date of birth, address, driver’s license number or Social Security number.
When someone registers online, this double check happens automatically. When someone registers on paper, the data is entered manually by the clerk and checked against the DOT information.
The problem is that human error can creep into data entries, so there are entries in which someone with the full name “Robert” registers to vote under “Bob,” or the characters in a 14-digit driver’s license number are transposed or the clerk makes a typo.
When these mistakes are made, clerks can rectify them on their own, or reache back out to the voter to clarify. The double-checking process is required under a federal law, the Help America Vote Act (HAVA).
“Approximately 5% of the people who registered to vote between January 1 and November 3, 2020, were at least initially non-matches with either DMV or Social Security databases,” a FAQ page on the elections commission website states. “That does not mean these voters are not real Wisconsin citizens. When there is a non-match, a registered voter is never ‘removed’ from the statewide voter database. Neither Wisconsin nor federal law require a match, and Wisconsin law does not permit clerks or the WEC to remove a voter from the list for not matching.”
WEC notes that the HAVA check requirements on the state were litigated in 2008 and that the law does not require Wisconsin’s election authorities to declare people as ineligible voters. But WILL states the agency has been ignoring the problem.
“Critically, WEC has not taken sufficient steps to remedy this situation. In fact, the issue has gotten worse,” the letter states. “WILL understands that this data does not indicate the cause of the discrepancy. And while some of these errors might be minor, the large and growing number of mismatches in the system underscores the need for a comprehensive audit of Wisconsin’s voter registration list, which WEC refuses to perform in violation of its obligations under HAVA. Accordingly, we respectfully request that the U.S. Department of Justice takes this information into account as it investigates this issue and takes all necessary steps to remedy this significant problem.”
Emilee Miklas, a spokesperson for WEC, disputes the WILL analysis.
“The primary objective of the HAVA check process is to identify errors and rectify discrepancies,” she said in an email. “The presence of non-matches discovered in a previous analysis does not necessarily indicate a persistence of errors in the system a year later.”
In a statement, WILL Deputy Counsel Lucas Vebber said the commission FAQ is “not a sufficient explanation” for the data errors.
“Given the thousands of mismatches that are in the current voter registration list, it appears that whatever WEC does, if anything, is woefully insufficient,” Vebber said. “But to determine if WEC is complying with HAVA it is necessary for WEC to describe the complete process in its response.”
Jeff Mandell, general counsel at the progressive voting rights focused firm Law Forward, says the letter is the latest example of WILL repeatedly casting doubt on the voter rolls. He pointed to a 2018 lawsuit in which WILL sued to force WEC to kick thousands of people off the voter registration list. WILL ultimately lost that lawsuit at the state Supreme Court, which was controlled by a conservative majority at the time.
“This is just more fearmongering. WILL has been trying to purge the voter rolls for years,” Mandell says, adding that it’s part of the Republican party’s recent efforts to stir up unfounded concern about non-citizens casting ballots. “They have been upset about the voter rolls and insisting without evidence the voter rolls are wrong. Now they’re jumping onto the latest piece of this and skepticism about proof of citizenship. There is still no evidence, no one has been able to show any incidence of non-citizen voting. If the rolls were as error-filled as WILL’s latest suggestions insist, that wouldn’t be true.”
After the rise of election conspiracy theories in the wake of the 2020 election, WILL distanced itself from the most fevered Republican theories. The firm released a report on the 2020 presidential election, affirming that it was won by Joe Biden while pointing to a number of adjustments and rule changes that could be made to improve Wisconsin’s election administration.
“WILL seems to want it both ways, claiming to not be conspiracy mongers and that they can prove that by saying Donald Trump lost the 2020 election and yet still play footsie with conspiracy mongers,” Mandell says. “They do that by filing nonsense lawsuits over and over and over … and this is another example.”
Jay Heck, executive director of Common Cause Wisconsin, says that the only effect of going to DOJ with these complaints is raising the likelihood that the results of the 2026 midterms will be questioned — by Trump or his supporters.
“All they’re doing is providing a little ammo to the Trumpers and the people that are going to question the outcome of the 2026 election,” Heck says. “And so they’re just planting more seeds of doubt in people’s minds, at least the people that would be doubting it anyway.”
Heck also points out that an easy solution to WILL’s complaint would be the establishment of automatic voter registration in Wisconsin, which would automatically register someone to vote when they obtain a driver’s license or state ID from the DOT and cut out WEC’s role as the middleman. But, he says, WILL and Republicans do not support that.
Despite the DOJ’s potential threat to interfere in election administration, Vebber said in his statement the firm went to the DOJ because it is the agency responsible for enforcing HAVA.
“The U.S. Department of Justice has the express authority to enforce each state’s compliance with HAVA,” Vebber said. “WILL is concerned that WEC is violating HAVA. As a result, the correct agency to complain to is USDOJ. As stated above, in our letter to the U.S Department of Justice we suggested [eight] specific follow-up questions on this issue. WEC does not need to wait for the USDOJ to answer these questions. In the interests of transparency, we would ask WEC to voluntarily answer them.”
Voting carrels set up at Madison's Hawthorne Library on Election Day 2022. (Henry Redman | Wisconsin Examiner)
The Wisconsin Department of Justice on Monday filed an appeal of a Waukesha County Circuit Court judge’s decision to require that state election officials conduct an intensive search for registered voters who aren’t citizens.
Judge Michael Maxwell’s Oct. 6 ruling required that the Wisconsin Elections Commission cross reference its voter registration list against the state Department of Transportation’s records to determine people’s citizenship status when they applied for a driver’s license or state ID. He also ordered that WEC and local election clerks stop accepting new voter registrations without obtaining proof of citizenship — though that portion of the ruling was put on hold pending the appeal.
Under current law, people registering to vote must affirm they are U.S. citizens but are not required to provide proof. However, lying about citizenship status while registering to vote is a crime.
Fears of non-citizen voting have frequently been raised by Republicans in recent years who, since 2020, have expressed skepticism of election administration. The initial Waukesha County lawsuit was brought by a pair of right-wing election conspiracy theorists.
While claims of non-citizen voting revolve around the threat that the issue could swing an election result and occasionally cases are found and prosecuted, there is no evidence that non-citizens vote in substantial enough numbers to influence election results in Wisconsin or anywhere across the country.
In the appeal, filed in the Madison-based District IV, the DOJ argued that the ruling “reshapes Wisconsin election law” while leaving many details vague and potentially violating other laws.
“The circuit court’s decision and order drastically alters voter registration and elections in Wisconsin, violates state law, and threatens voting rights,” the appeal states.
Lead by Wisconsin Attorney General Josh Kaul, the filing states that Maxwell’s requirement to match data with Department of Transportation records would be based on data that’s up to eight years old, which could result in the disenfranchisement of people who were legal residents when they applied for their driver’s license but have since become citizens with the right to vote.
The appeal also argues that Maxwell’s ruling orders local election officials to change their practices even though they weren’t a party to the lawsuit and does not outline what “proof of citizenship” election officials should use to register people to vote.
“The court issued this sweeping relief despite no evidence of injury to Respondents: they speculated about the risk of vote dilution by illegal voters, but provided no evidence that a noncitizen had voted or registered to vote in Wisconsin,” the appeal states.
Standard driver’s licenses are not proof of U.S. citizenship.
Enhanced driver’s licenses, which require documents such as a birth certificate or passport, provide proof. Intended for use in U.S. border crossing by vehicle, they are available in Michigan, Minnesota, New York, Vermont and Washington.
To register to vote, people in Wisconsin and most states must declare citizenship, under penalty of perjury. Proof isn’t required.
A 2024 lawsuit sought to require the Wisconsin Elections Commission to verify citizenship for voting. The commission argued that no state law requires citizenship proof.
A judge Oct. 3 ordered the commission to determine whether any noncitizens are registered to vote and to stop accepting voter registrations without verifying citizenship. The state is challenging the order.
Audits have found that very few registered voters are noncitizens.
This fact brief is responsive to conversations such as this one.
Boxes of ballots wait to be counted at Milwaukee's central count on Election Day 2024. (Henry Redman | Wisconsin Examiner)
A Waukesha County judge on Monday issued a temporary partial stay of his ruling in a case over how state election authorities verify the citizenship status of people registering to vote.
The partial stay was issued after the state Department of Justice had requested that Judge Michael Maxwell hold up the entirety of his order pending an appeal. Oral arguments will be held Oct. 31 to determine if the rest of the order should be stayed.
Maxwell ruled Friday that the Wisconsin Elections Commission and Department of Transportation have a duty to match citizenship records with the state’s voter registration system to determine that non-citizens are not registering to vote. In his order, he also required that state and local election officials stop accepting new voter registrations without checking citizenship status and that the parties in the lawsuit meet to determine a plan for checking the existing voter rolls for non-citizen voters.
The Monday order that partially stayed the decision put a pause on the halt to accepting voter registrations.
DOJ had argued that Maxwell’s order would require a “massive overhaul” of the state’s voter registration system and take months to implement, that the ruling doesn’t make clear what the citizen verification requirement actually entails and potentially violates state law requiring the elections commission to maintain the electronic voter registration system.
Non-citizens are not allowed to vote. Current law requires that people seeking to register to vote attest under penalty of imprisonment that they are U.S. citizens. In Wisconsin, immigrants without legal documentation are unable to obtain a driver’s license and a state-issued photo ID is required to register to vote.
Despite little evidence that non-citizen voters are casting ballots in large numbers, the issue has been repeatedly raised by Republicans in recent years — particularly since President Donald Trump falsely claimed that the 2020 election was stolen from him, and among Republicans who are already skeptical of the election system as a whole.
A judge ordered the Wisconsin Elections Commission to verify the citizenship of all voters in time for the next election in February, and determine whether any noncitizens are registered. (Photo by Alex Shur / Votebeat)
This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.
A Waukesha County judge on Friday ordered the Wisconsin Elections Commission to determine whether any noncitizens are registered to vote and to stop accepting voter registrations without verifying that the applicant is a U.S. citizen.
What’s the dispute?
A Pewaukee resident, represented by conservative attorneys, filed a lawsuit last year seeking to require the election commission to verify citizenship of registered voters and applicants. The suit also sought to force the Wisconsin Department of Transportation to compare its citizenship information against voter rolls.
The election commission opposed the initial request, saying that no state law called for requiring documented proof of citizenship. It also argued that the DOT has no obligation to match citizenship data with voter records.
Waukesha County Circuit Court Judge Michael Maxwell rejected the commission’s argument, saying that the agency is failing in its duty to ensure that only lawful voters make it to the voter roll. He cited several statutes that he said made clear that only citizens could cast a ballot.
Maxwell didn’t specify how the election commission and local clerks should verify citizenship of new registrants, or how the commission should check for noncitizens on the voter rolls. He only called for the parties to figure out a plan, whether that be through matching the DOT’s citizenship data or using “other lawfully available means.” He called for that process to be substantially completed before the next statewide election, which is February.
Currently, applicants for voter registration in Wisconsin and most other states must attest, under penalty of perjury, that they are U.S. citizens who are eligible to vote, but they are not required to present proof of citizenship.
Republicans praised the decision, with state Rep. Amanda Nedweski calling it a “great win for election integrity.”
Democrats and the respondents in the case were largely mum.
Election commission spokesperson Emilee Miklas didn’t immediately respond to a request for comment. Riley Vetterkind, a spokesperson for the Wisconsin Department of Justice, which represents the commission and Department of Transportation, declined to say whether the agencies would appeal the decision.
Who are the parties?
The current plaintiffs, Pewaukee resident Ardis Cerny and Waukesha resident Annette Kuglitsch, sued the election commission, Department of Transportation, and officials in both agencies. They have argued that the election commission is violating their voting rights by not checking for noncitizens already registered to vote and seeking to vote.
Maxwell agreed, saying they “have a clear legal right to not have their votes diluted by a non-citizen casting an unlawful ballot.”
What happens now?
It’s unclear how the commission would verify the citizenship of all of Wisconsin’s registered voters by February. Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative, said the decision will “definitely be appealed” and that the lower-court decision could be stayed while the appeal goes through the courts.
If the case reaches the Wisconsin Supreme Court, the liberal majority could overturn the order of the conservative-leaning Waukesha County Circuit Court.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.
Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.
Assembly Republican and Democratic authors announced competing bills at a joint press conference last week. (Photo by Baylor Spears/Wisconsin Examiner)
Wisconsin lawmakers are once again trying to make changes to the state’s elections system, including allowing elections clerks to start processing absentee ballots the day before Election Day, though partisan divisions on how the changes should be made are already showing.
Assembly Republican and Democratic authors announced competing bills at a joint press conference last week, saying they are starting a conversation around the proposals and aim to get them done this session. It’s unclear whether those conversations will end in new laws ahead of the 2026 elections, which will include a spring Supreme Court election, a high-profile, open race for governor and state legislative races where control is up for grabs.
“There’s not a lot new in here,” Assistant Majority Leader Scott Krug (R-Rome) said. “We’ve gone through a lot of these things before, but we’re here to talk about things that should matter to every Wisconsinite, whether you’re Republican, Democrat or independent, about having faith and confidence in your elections from the beginning of the process all the way through to the end.”
Krug said his proposals would help ensure three things for voters: the “person who’s voting next to them is who they say they are,” that the “person is eligible to vote” and that they know “who won the damn election before they go to bed.”
One bill, Krug said, would take a “comprehensive look at how we approach absentee voting in the state of Wisconsin.” This would include allowing for processing of absentee ballots to start on the Monday before Election Day and regulating drop boxes in Wisconsin.
“Absentee voting is here to stay, so we want to make sure that we include a process where we can actually get these results across the finish line before we go to bed,” Krug said. He added that by pairing the issue with drop boxes regulations in his new bill he hopes it will “draw all legislators to the table.”
Election clerks have called for change for years. Currently in Wisconsin, elections workers aren’t allowed to start processing absentee ballots until 7 a.m. on Election Day. This has led to extended processing times, especially in the larger cities including Milwaukee — bolstering suspicions among Republicans since 2018 about late night “ballot dumps” in Democratic cities.
Despite passing the Assembly, a bill to implement Monday processing died last legislative session due to opposition in the Senate.
In addition to reviving Monday processing, Krug promoted new standards for drop boxes.
The Wisconsin Supreme Court reversed a decision that had banned drop boxes in Wisconsin until the new ruling in July 2024. Some Republicans, though not Krug, were critical of the decision.
“People who are in our communities who see drop boxes on the corner want to know if they have security, that they have standards, that they’re being used the same across the state of Wisconsin,” Krug said. “I know we don’t all agree on what those provisions and those standards should be, but we’ll have a good conversation about that.”
Another bill, Krug said, would eliminate the “ballot drawdown” process from Wisconsin statute and replace it with a process known as “risk-limiting audits.” The drawdown is used when there is a numerical discrepancy and as a result a ballot may be randomly selected and removed from the vote count.
“Clerical errors can lead to an actually legal ballot being tossed out,” Krug said. “We’ve got to get rid of the drawdown.”
Risk limiting audits are a statistically based audit technique, which audits a certain number of ballots depending on the margin of victory in a given election, has been growing in popularity in recent years, according to the National Conference of State Legislatures.
The bill language for Krug’s first two bills is not available.
Krug said AB 312, which was introduced earlier this year, is also included in his package. The bill would require absentee voting sites to be open for at least 20 hours during the period for voting absentee in-person.
“There’s going to be a limited number of session days going into the fall and spring,” Krug said, adding that it could be difficult to get “27 or 30 election bills” across the finish line individually.
“Time is of the essence,” Krug said for getting the changes done before 2026 fall elections.
While the lawmakers held their press conference jointly, Rep. Lee Snodgrass (D-Appleton) said she is not currently supportive of Krug’s bills but that having the conversation is important.
“I think it’s over bloated,” Snodgrass said about Krug’s “Monday processing” proposal. “I’d like to see a cleaner bill.”
“We are meeting the moment. Our country, and our state has never been more divided and more contentious. The partisan divide has become not just contentious, but even hostile,” Snodgrass said, adding that she and Krug want to “model that civil conversations in debate can happen in the same room, from the same podium and with the same goal in mind despite diverging ideas.”
Senate Democrat critical of Krug’s legislation
In addition to Assembly Democrats not being on board with Republican election proposals, there already appear to be some obstacles in the Senate.
While speaking to reporters after the Assembly press conference, Sen. Mark Spreitzer (D-Beloit) criticized Krug’s Monday processing proposal, saying he was “very disappointed” with the new version as it contains a “poison pills” meant to satisfy the right-wing portion of his party.
Sen. Mark Spreitzer (D-Beloit) criticized Krug’s Monday processing proposal, saying he was “very disappointed” with the new version as it contains a “poison pills” meant to satisfy the right-wing portion of his party. (Photo by Baylor Spears/Wisconsin Examiner)
“The Monday processing concept has always been a good idea on its own merits, but it’s never been about the right to vote. It has always been about efficiencies for our clerks and our election officials to process ballots more smoothly,” Spreitzer said. “None of those things are about voting rights, and I’m not willing to trade those things for undermining people’s voting rights.”
Spreitzer said the dropbox restrictions are “nonstarters” that would “functionally ban them in most communities.” A bill draft, according to VoteBeat, includes a ban on clerks fixing errors on ballots and guidelines for dropboxes, including where to place them, how to secure them, how to collect ballots and how to keep records of when they’re emptied as well as requiring they be under a continuous, livestreamed video feed.
“I don’t know where these ideas are coming from, but it’s got to be from the extreme part of the Republican caucus, and I just don’t think these are what we should be putting forward related to our elections,” Spreitzer said.
Spreitzer said Monday processing may not happen until Democrats have control, given the recent version of the bill.
“It may mean that we need to wait for a Democratic majority to pass this,” Spreitzer said. Senate Republicans currently hold a 17-15 majority. Democrats are hoping to change that in 2026 and need to win at least two additional seats to flip control of the chamber for the first time in over 15 years.
Waiting would delay any changes to 2027 at the earliest.
Democratic bills
Snodgrass, alongside three of her Assembly Democratic colleagues, introduced proposals that have overlapping goals with Krug’s legislation last week.
Snodgrass said the Democratic package is meant to focus on “strengthening our democracy” by increasing access, educating people and providing the resources necessary to ensure that all eligible electors can vote. She said they specifically want to remove barriers to voting, not impose them.
One bill would require elected state officials to serve as poll workers during their first term and once every three years after that to help increase their understanding of the state’s election administration.
“There’s no better way of learning than doing so,” Snodgrass said, adding that the bill would help elected officials be a “voice to talk about how Wisconsin’s elections are secure.”
A pair of bills seek to ensure that polling places and voting are more accessible by requiring that election officials have one hour of voter accessibility training, and requiring election officials use the Wisconsin Elections Commission’s accessibility checklist at each polling place and uniform signs with instructions for curbside voting. Several of the bills focus on helping young people in the state participate in elections.
One bill would require that at least one special school registration deputy be present at each public high school in the state so eligible students can register to vote at school during the day. One bill would require high schools to give voter registration forms and nonpartisan voting information to students who are eligible to vote.
The Department of Public Instruction would be required, under one bill, to develop a curriculum on the electoral process and voting. The agency would also have to mandate at least one hour of voter education instruction annually for K-12 students.
“Too often, young people want to get involved, but don’t know how,” Rep. Jodi Emerson (D-Eau Claire) said. “By making voter registration and civic information part of the high school experience, we eliminate barriers and send a clear message, your voice matters, and your vote counts. This bill is not about partisanship. It’s about participation. It’s about preparing students to step confidently into adulthood, not just as graduates, but as citizens ready to shape their communities and their future.”
The package also includes a constitutional amendment proposal that would allow 17-year-olds to vote in primaries if they will be 18 by the general election. Another bill would allow 16- and 17-year-olds to preregister to vote if they turn 18 before the next election.
This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.
The federal government’s demands that states turn over their voter rolls and related information highlights long-standing conflicts over how to ensure that only eligible voters are registered without endangering voting rights.
The U.S. Justice Department has sent letters to several states — and plans to send many more — asking them for copies of their voter lists and for detailed information about how they maintain them. The department has said it’s seeking to enforce requirements in federal law that President Donald Trump has ordered it to prioritize.
It has already sued North Carolina, alleging that the state has not been properly verifying voter identity, and sued Orange County, California, for refusing to provide full records for 17 people who have been removed from the rolls in connection with a probe of potential noncitizen voting. And it has threatened to sue or withhold federal funding from other states if they do not comply with their requests for information.
Everyone agrees that a “clean” voter list — cleared of people who have died or moved out of the jurisdiction, or who otherwise aren’t eligible to vote — is good practice. But they differ on how aggressively election officials should move to remove potentially ineligible voters, what exactly federal law requires election officials to do, and how to balance election security with the risk of wrongly removing and disenfranchising eligible voters.
Rhetoric and false claims can make the debate harder to follow. Here’s a guide to understanding the issues and arguments.
What does the law require?
There are two key federal laws that govern the maintenance of voter rolls.
The National Voter Registration Act requires election officials to make a “reasonable effort” to remove voters who become ineligible to vote because they move or die, a process known as list maintenance. The Help America Vote Act, enacted about a decade later, requires states to use a computerized statewide list of every registered voter and assign them a unique identification number. It also requires them to remove duplicated names.
Beyond that, it’s up to state and local governments to set their own policies for how and when to perform list maintenance, and it’s up to federal courts to decide what is “reasonable.” That term isn’t defined in the law, and it’s often where voting rights groups and advocates for stricter list maintenance disagree.
In a recent case in Michigan, for example, the 6th U.S. Circuit Court of Appeals found that the state’s actions to remove the names of thousands of dead voters from the rolls were sufficient, even though the plaintiff, the Public Interest Legal Foundation, claimed to have identified thousands more on the rolls.
Logan Churchwell, research director at the foundation, said in an interview that the court’s decision amounted to giving Michigan an “E for effort.” He said his organization believes there should be a higher standard that would reduce the risk of fraud and administrative error.
For her part, Lata Nott, director of voting rights policy for Campaign Legal Center, said the National Voter Registration Act’s requirement for a “reasonable effort” at maintaining lists is designed to set a floor, but it doesn’t prevent states from creating extreme policies that lead to eligible voters being mistakenly removed.
What is the central issue in the debate?
The main disagreement is over how aggressive list maintenance should be. A recent congressional hearing highlighted the differences between Democrats and Republicans on this question.
House Republicans claimed dirty voter rolls enable fraud and said ensuring that only eligible voters are on the list increases election security and voter confidence. They dismissed the idea that their efforts are meant to purge certain types of eligible voters from the rolls, such as people of color.
“This is not and should never be a partisan issue,” said Rep. Laurel Lee, a Florida Republican and former secretary of state. “Maintaining accurate voter rolls is fundamental to election security and public trust.”
House Democrats made it clear that they, too, don’t want ineligible voters, such as dead people or noncitizens, on the list. But they questioned why Republicans would want to take any actions that could potentially disenfranchise eligible people, citing recentincidents of state list maintenance actions that led to eligible voters being removed.
“What we do want is every eligible voter gets the chance to vote and their constitutional rights are not infringed upon,” said Rep. Julie Johnson, a Texas Democrat. “And that seems to be a huge distinction.”
Why is it hard to keep voter rolls updated?
It is difficult partly because of the decentralized nature of voting.
The U.S. doesn’t have a national database of eligible voters or citizens. Under federal law, states maintain their own lists. They assign voters the ID number that’s required under the Help America Vote Act, but that number doesn’t have to be connected to any existing federal identification, such as a Social Security number.
To remove voters who were eligible, but aren’t anymore, election officials must have ways to find out when a voter dies, moves to another state, is convicted of a felony, or otherwise becomes ineligible to cast a ballot.
Many election officials get data on address changes from their state’s motor vehicle department and the U.S. Postal Service and get death reports from state and federal agencies. Some states allow or mandate the use of other sources, such as obituaries and responses to jury duty summonses.
But there are potential gaps and time lags in these systems. When people move, for example, they don’t often tell the election office for their old address to remove them from the rolls.
It’s fairly easy for officials to track in-state moves because people carry the same state-assigned voter ID number when they go to register in a new location in the state. But it’s harder for officials to find out when someone moves out of state. That requires coordination between states, or more detailed searches through government records.
Many states are members of the Electronic Registration Information Center, or ERIC, a consortium that collects state voter roll data and alerts its members to potentially duplicate registrations across state lines. But two of the largest states, California and New York, are not members. And several Republican states have withdrawn from ERIC in recent years, citing concernsabout the program, including about how the organization shares some of its data with researchers.
Do some states have more registered voters than residents?
Statistics like this are often used to back up claims of voter fraud or poor state practices. But there’s a legitimate explanation for this that’s tied to federal and state laws.
In some instances, state laws allow election officials to remove voters from the rolls quickly, such as when they die, or if they respond to a jury duty summons by saying they are not a U.S. citizen.
But when a state finds out a voter may have moved, federal law requires election officials to send a confirmation mailing before removing that person from the rolls. If the voter doesn’t respond, they remain on the roll of registered voters, but are moved to the “inactive” list, and their names must stay there for two federal election cycles before they are removed, unless the state hears from them.
That four-year wait, and a large number of voters on the inactive list, can make the voter roll appear bloated at any given time.
But another reason for the disparity is that population estimates themselves are imprecise, said Chris Fowler, a professor of geography and demography at Penn State University who studies voter rolls and census data.
The U.S. Census Bureau’s American Communities Survey is currently our best measure of population changes from year to year, Fowler said. But the uncertainty in the national population count is about 10 million residents, he said — roughly equal to the population of Michigan.
Some use the disparities between the numbers to cast doubt on the accuracy of elections and raise alarm about voter fraud, such as Elon Musk with his misleading claim that Michigan had “more registered voters than eligible citizens.” His numbers included inactive voters as if they were eligible voters. But before those voters could cast a ballot, they would have to correct their voting record to prove eligibility, most commonly by showing documentation proving they still live in the jurisdiction.
How ‘dirty’ are the voter rolls?
Some of the most cited data available on this comes from more than a decade ago and has helped inspire efforts at improvement since then. But those efforts have run into challenges.
In 2012, a research study by the Pew Center on the States found that more than 2.75 million people were registered to vote in more than one state, and there were more than 1.8 million dead people whose names were still on the voter rolls. These and other findings “underscore the need for states to improve accuracy, cost-effectiveness, and efficiency,” Pew said.
There have been multiple attempts to create systems allowing states to share data to help with voter list maintenance. That’s a difficult task because any such effort must comply with state and federal laws governing data use and privacy. Officials must also cross-check data from various sources, using enough different data points to ensure that the matches are accurate and that a person with the same name as another isn’t mistakenly removed as a duplicate.
One prior program, the Interstate Voter Registration Crosscheck Program, was ultimately shut down under a court settlement because it did not do enough to protect sensitive voter data. It was also found to be highly inaccurate, often incorrectly identifying registrations as duplicates because of poor matching techniques.
After Pew’s study, the nonprofit provided funding to help launch ERIC, to try to screen out duplicate voter registrations across state lines. Since then, ERIC has helped states identify hundreds of thousands of voters each year who have moved across state lines, and tens of thousands of voters who died. But in part because some Republican states have left the program, only half of states now participate, leaving a lot of gaps.
Some states use more data sources and perform checks more frequently than others. In the latest federal survey of election officials, for example, about 30% of states said they do not use National Change of Address reports from the U.S. Postal Service or data from motor vehicle agencies to identify potentially ineligible voters.
Do poorly maintained voter rolls allow for more fraud?
Generally speaking, removing voters who have moved prevents them from wrongly voting in their old voting jurisdiction, and removing a voter who has died prevents another person from fraudulently casting a ballot in their name.
That said, prosecutions for double voting and voting for others are rare, and Votebeat could not find any studies showing that states that do a better job of cleaning voter rolls have less voter fraud.
The Heritage Foundation’s database of voter fraud across all states since 1982 includes 174 convictions for duplicate voting, 99 cases of noncitizen voting, and two cases of someone voting under a dead person’s name.
But Churchwell, of the Public Interest Legal Foundation, said the number of prosecutions does not properly measure how much fraud occurs. Rather, he said, it indicates the state’s propensity to prosecute. “I doubt you’ll find research showing where a state is simultaneously terrible at list maintenance yet zealous with prosecutions,” he said.
Are there noncitizens on the voter rolls?
Yes, but states that have looked have not found them in large numbers.
Audits in multiple states have found small numbers of noncitizens on the rolls, few of whom had actually cast ballots, and there are no known instances of noncitizens voting in large enough numbers to influence the outcome of an election.
The threat of noncitizen voting has become a prominent talking point for Republicans, driving their efforts to pass proof-of-citizenship requirements for voters. But even in Republican-led states, officials who have recently tried to find noncitizens on the rolls have reported only small numbers.
In an audit last year, for example, the Georgia Secretary of State’s Office found 20 noncitizens out of 8.2 million registered voters. Nine of them had voted in prior elections, the office found. In Ohio, only one of the 641 cases of noncitizen voting that Secretary of State Frank LaRose referred for prosecution resulted in a voter fraud charge.
In Texas, which has more than 18.6 million registered voters, the Secretary of State’s Office identified 581 noncitizens from 2021 to August of 2024. The state referred 33 potential noncitizens who voted in the 2024 election to the attorney general for investigation. The state also is investigating potential cases from the 2020 and 2022 election cycles.
In Arizona, which requires proof of citizenship to vote in state and local elections, Jesse Richman, a political science professor at Old Dominion University, identified at least 2,331 registered voters who he believes are highly likely to be noncitizens. He studied the state’s voter rolls as an expert defense witness for a case challenging the state’s proof of citizenship laws. Richman said those people could have become naturalized citizens since last updating their license, but the ID they used when registering to vote or updating their registration was a noncitizen ID.
On Aug. 28, the U.S. Justice Department announced the indictment of a Canadian citizen charged with registering to vote and voting in federal elections in North Carolina in 2022 and 2024.
Are there dead people on the voter rolls?
Yes, there are voters who have died but whose names are still on the rolls.
But claims about the number of such voters often turn out to be inaccurate.
In 2012, for example, South Carolina’s State Election Commission reviewed 207 cases that the South Carolina Department of Motor Vehicles had referred to as potential cases of ballots being cast in the names of dead voters. Of those, the commission was able to conclude that 197 did not involve dead voters — instead, they were either clerical errors or identified through bad matches. There wasn’t enough information on the remaining 10 cases to make any determination.
States that are members of ERIC receive reports about voters who may have died while out of state, and the service has identified about 644,000 voters who died over the last 13 years and whose names needed to be removed from the list. But some state laws may limit how states use that information.
Pennsylvania, for example, is an ERIC member, but state law allows officials to remove the names of dead voters only if they learn of it through the state’s health agency or an obituary. Election officials in the state, including Secretary of the Commonwealth Al Schmidt, have advocated for that to change.
Can list maintenance measures lead to eligible voters being purged?
Yes. In Texas, some of the people removed from the rolls last year were eligible citizens who did not respond to a mailed notice seeking more information about their status, an investigation by Votebeat, The Texas Tribune and ProPublica found.
And that’s the concern that voting rights advocates have about states that take aggressive steps to clean their lists, especially close to an election. Two of the most recent cases were in Alabama and Virginia, just before the November 2024 election.
This is why federal law has safeguards on when states can remove potentially ineligible voters, such as the rule that election officials cannot conduct systematic voter removals within 90 days of an election, Nott with Campaign Legal Center said.
“The more aggressive your list maintenance laws are,” she said, “the more likely you are probably going to be purging people who are eligible to vote.”
Jen Fifield is a reporter for Votebeat based in Arizona. Contact Jen at jfifield@votebeat.org.
Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.
Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for Votebeat‘s newsletters here.
Seizing on that assertion — despite there being no credible evidence to support it — Trump promised on Truth Social to “lead a movement” to phase out mail‑in ballots and voting machines and promote “watermark paper.” He suggested he would implement these changes with an executive order ahead of the 2026 midterms.
The post contains many other false, misleading or unsubstantiated statements about the use of mail ballots, including claims Trump and his allies have made before — even as more Republican officials have tried to encourage voting by mail.
His claims notwithstanding, courts have repeatedly rejected allegations of widespread fraud tied to mail ballots, and many democracies around the world use them. And under the Constitution, he has no explicit authority over the “time, place and manner” of elections. Experts say that an executive order like the one Trump describes in his post would be immediately challenged in court and unlikely to take effect.
Beyond that, any major change to voting by mail before the 2026 midterms would be a logistical nightmare for election administrators, and it would disproportionately affect voters who rely on it most, including overseas service members, veterans and people with disabilities.
Here’s a fact check of some of the key claims in his post.
What Trump said:
“States are merely an ‘agent’ for the Federal Government in counting and tabulating the votes. They must do what the Federal Government, as represented by the President of the United States, tells them.”
Fact:
Trump’s claim that states are “merely an agent” of the federal government in elections is false, and contrary to decades of Republican orthodoxy on this point.
Meanwhile, Republicans for decades have framed states’ rights as a fundamental principle. This stretches back to Barry Goldwater in the 1960s, through Ronald Reagan’s emphasis on “federalism,” and into recent decades where GOP leaders have framed decentralization of power as protection against “big government.”
Voting has been a primary example for that very point.
For example, after the contentious 2000 presidential election, Republicans fiercely defended Florida’s right to set its own recount rules. GOP leaders and state attorneys general argued in the Supreme Court case Shelby County v. Holder (2013) that federal oversight of state election laws was unconstitutional. Over the last decade, Republicans in Congress have opposed Democratic efforts to pass federal voting-rights legislation like the For the People Act and the John Lewis Voting Rights Advancement Act, arguing they represented “federal takeovers” of elections. Then-Senate Minority Leader Mitch McConnell in 2019 called the legislation “a one-size-fits-all partisan rewrite by one side here in Washington.”
In 2020, when Democrats proposed federal requirements to expand mail voting due to COVID-19, Republicans fought them off. And when Trump floated the idea of delaying the November election, Republican senators like McConnell, Lindsey Graham and Marco Rubio reminded him that Congress and the states control election timing and procedures.
What Trump said:
“We are now the only Country in the World that uses Mail-In Voting. All others gave it up because of the MASSIVE VOTER FRAUD ENCOUNTERED”
Fact:
Many democracies use mail voting, including Germany, Switzerland, Canada, and Australia. Some use it more extensively than the U.S. No country has “given it up” because of widespread fraud. Fraud is rare in countries that use vote by mail, as it is here.
Germany has been using vote by mail since the 1950s; in its 2021 federal election, about half of German voters cast their ballots through the mail. In Switzerland, nearly all voters receive their ballots by mail, and more than 70% of voters return them in the same way. The United Kingdom allows any voters to request a mailed ballot, and about 20% of voters take advantage of the policy. The vast majority of European countries allow at least some form of mail voting, especially for citizens living abroad or for those with disabilities.
What Trump said:
Voting machines are “Highly ‘Inaccurate,’ Very Expensive, and Seriously Controversial” and “cost Ten Times more than accurate and sophisticated Watermark Paper, which is faster, and leaves NO DOUBT, at the end of the evening, as to who WON, and who LOST, the Election.”
Fact:
Paper ballots still have to be counted — either by hand (which is slow and error-prone) or by machine. That’s why nearly every state that uses paper ballots still relies on scanners to tally them quickly and accurately.
Existing federal law also requires the use of at least one voting machine in every single precinct in the country, for use by voters who have disabilities that make casting a paper ballot difficult. Trump cannot invalidate federal law through an executive order, so voting machines aren’t going anywhere.
Watermarks are not a standard or proven safeguard, though some states do have them (or something like them). The places that use them still use machines to count these ballots.
What Trump said:
“Democrats are virtually Unelectable without using this completely disproven Mail-In SCAM. ELECTIONS CAN NEVER BE HONEST WITH MAIL IN BALLOTS/VOTING, and everybody, IN PARTICULAR THE DEMOCRATS, KNOWS THIS.”
Fact:
There is no evidence that one party “cheats” with mail ballots. Voting by mail is used by Republicans and Democrats alike, and in jurisdictions led by Republicans and Democrats. In fact, Republican voters are often more likely to use mail voting, especially in states like Arizona and Florida, where Republicans championed the practice until recently. In fact, there’s no evidence that vote by mail benefits either party over the other — multipleacademicstudies have reached this conclusion.
What Trump said:
“ELECTIONS CAN NEVER BE HONEST WITH MAIL IN BALLOTS/VOTING.”
Fact:
Mail‑in voting has consistently been shown to operate extremely securely due to robust safeguards. In states like Pennsylvania, counties that offer ballot curing — the ability to correct errors like missing signatures — report significantly lower rejection rates, demonstrating that the system isn’t rigged, but rather is responsive and adaptable.
Votebeat’s coverage highlights what research studies have shown repeatedly: Instances of fraud in mail-in voting remain exceedingly rare. Even when ballots get rejected, that’s typically due to procedural mistakes — not attempts at manipulation or deceit. Election administrators across the country work under strict, bipartisan protocols, including signature checks and secure handling procedures, to protect integrity. Courts and election officials routinely affirm the reliability of mail ballots when these protocols are followed. In both routine practice and under close scrutiny, mail-in voting stands out as both secure and trustworthy.
What Trump said:
“I am going to lead a movement to get rid of MAIL-IN BALLOTS…by signing an EXECUTIVE ORDER to help bring HONESTY to the 2026 Midterm Elections.”
Fact:
Courts have ruled that Trump does not have the authority to unilaterally change federal election rules, as they consider several lawsuits challenging his March executive order.
In halting some provisions of that executive order, for example, a federal judge in the U.S. District Court for the District of Columbia wrote in April that “our Constitution entrusts Congress and the States — not the President — with the authority to regulate federal elections.” That ruling blocked Trump’s direction to the U.S. Election Assistance Commission to take steps to require voters to prove citizenship when registering to vote.
A federal judge in Massachusetts later blocked the same provision of the order, writing that Trump exceeded his authority. That judge also blocked parts of the order telling the U.S. Justice Department to enforce a ballot receipt deadline of Election Day.
Nothing stops Trump from leading an informal movement, however. He’s arguably been doing that for years already, and while it has had some impact on policy, voters haven’t really changed their habits much.
Jen Fifield contributed reporting.
Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.
Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for Votebeat‘s newsletters here.
A federal appeals court ruled Monday against a Wisconsin town that disavowed electronic voting machines, siding with the U.S. Justice Department’s argument that this would unfairly harm voters with disabilities.
What’s the dispute?
Leaders of Thornapple, a town of 700 people in northern Wisconsin’s Rusk County, voted in 2023 to stop using electronic voting machines, in favor of allowing only hand-marked ballots. They did without the machines for two elections in a row, in April and August 2024.
The DOJ, under the Biden administration, sued the town in September 2024, arguing that its decision violated the Help America Vote Act, which requires every “voting system” to be accessible for voters with disabilities. Accessible voting machines allow voters with disabilities to hear the options on the ballot and use a touch-sensitive device to mark it.
The town argued that it wasn’t subject to the federal law’s accessibility provision because its use of paper ballots didn’t constitute a “voting system.”
A district court judge rejected the town’s argument last September and ordered it to use electronic voting machines for the November presidential election. The town appealed that order, but did use a machine in November.
On Monday, a three-judge panel in the 7th U.S. Circuit Court of Appeals affirmed the lower-court order, finding that “individuals with disabilities would lack the opportunity to vote privately and independently if they only had access to a paper ballot.”
The court based that finding partially on Thornapple Chief Inspector Suzanne Pinnow’s testimony about a blind woman who relied on her daughter’s assistance to fill out a ballot, and a man who had a stroke and who needed Pinnow to guide his hand so he could mark a ballot.
Who are the parties?
The DOJ had sued two northern Wisconsin towns and their officials in September after both decided not to use electronic voting equipment for at least one federal election. One of the towns, Lawrence, immediately settled with the Justice Department, vowing to use accessible voting machines in the future.
Thornapple officials decided to fight the case. They’re currently represented by an attorney with the America First Policy Institute, a group aligned with President Donald Trump.
Why does it matter?
The case reaffirms what has long been election practice in Wisconsin: Every polling place must have an electronic voting machine that anybody can use but is especially beneficial for voters with disabilities.
Distrust of voting machines, which has grown on the right following misinformation about the 2020 election, has led to a movement to ban them across Wisconsin. But the Thornapple case shows that for now, municipalities still have obligations under federal law to allow voters to cast ballots on electronic machines.
The case is relevant nationally, too. Since Trump took office in January, the U.S. Justice Department has withdrawn from multiple voting-related cases. But the Justice Department forged ahead in this lawsuit, signaling that, at least for now, it is not backing the movement to forgo electronic voting equipment entirely.
What happens now?
Thornapple is “considering our options,” said Nick Wanic of the America First Policy Institute. The case could get appealed to the U.S. Supreme Court or proceed in the lower federal court.
Although the order that required Thornapple to use accessible voting machines applied only to the November 2024 election, at this point, two federal courts in this case have ruled that towns must have accessible voting machines for people with disabilities.
“Voters with disabilities already face many barriers in the electoral process, and making sure they have access to a voting system which allows for basic voting rights to be met is a minimum — and legal — standard that they should not be worried about when exercising their right to vote,” said Lisa Hassenstab, public policy manager at Disability Rights Wisconsin.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.
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