As NV moves on mail-in voting, onslaught of laws in other states worries advocates

Voting Rights Act
Activists attend a voting rights rally in 2014 in Washington, DC. The rally marked the one-year anniversary of the Supreme Court decision in Shelby County v. Holder which held a section of the Voting Rights Act of 1965 is unconstitutional. (Photo by Win McNamee/Getty Images)
Voting Rights Act
Activists attend a voting rights rally in 2014 in Washington, DC. The rally marked the one-year anniversary of the Supreme Court decision in Shelby County v. Holder which held a section of the Voting Rights Act of 1965 is unconstitutional. (Photo by Win McNamee/Getty Images)

WASHINGTON — A U.S. House elections panel on Thursday heard from witnesses about the need to craft a new formula that identifies which states or jurisdictions have problematic histories of racial discrimination when it comes to access to the ballot box.

The hearing in the House Administration Committee’s elections subcommittee also served as a way for voting rights advocates to raise broader concerns about GOP-controlled state legislatures around the country that are engaging in a push to enact laws they say are aimed at election security. The rush to pass new voting laws followed baseless claims of fraud by President Donald Trump and his supporters in the November elections.

After legal maneuvers failed and nonpartisan watchdogs concluded there was no evidence of such fraud, the GOP strategy has shifted to passing the new state laws. Voting rights advocates say the fallout could be a decline in voter participation and disenfranchisement of voters of color.

“One of our most sacred rights in this country is the right to vote,” the chairman of the House Administration Committee’s elections subcommittee, G. K. Butterfield, (D-N.C.), said.

Allison Riggs, who leads the voting rights program at the Southern Coalition for Social Justice in North Carolina, said that her state “remains the most active battlefield for access to the ballot box.”

“In North Carolina (state) legislature efforts are now underway to restrict access to absentee voting,” she said. 

Following the 2013 Shelby County v. Holder Supreme Court decision that found section 4 of the Voting Rights Act of 1965 unconstitutional, states that had previously had to have election changes approved by the federal government were free to make those changes on their own.

That elimination of a process known as preclearance resulted in a wave of restrictive laws that enacted strict voter ID requirements, closed polling stations and limited voting hours.

Some of those states that qualified under the old formula included Arizona, Georgia, Louisiana, Virginia, and parts of Florida and Michigan, among others.

Congress has yet to draft a new formula, but more than 361 bills across 47 states have been introduced this year by Republicans in state legislatures that would restrict voting and eliminate mail-in ballots—a key way millions of Americans voted during the pandemic in the 2020 elections.

Georgia enacted a high-profile new law that, among a host of provisions, prevents anyone except poll workers from handing out water to voters in line.

Georgia State Rep. Park Cannon was arrested last week for knocking on Gov. Brian Kemp’s office as the governor signed the 98-page bill.

Marcia Johnson-Blanco, the co-director of the Voting Rights Project of the Lawyers Committee for Civil Rights Under Law, a nonprofit organization, said that the recent voting law in Georgia will have a disproportionate impact on voters of color, particularly Black voters.

“Bills such as the one passed in Georgia and similar laws passed across the country make clear the need for federal legislation to establish national standards,” she said.

House Democrats earlier this year passed a sweeping election and campaign finance reform bill, known as H. R. 1. The legislation is pending in the Senate, where the 50-50 split between parties likely will make passage much more difficult.

Ariana Figueroa
Ariana Figueroa covers the nation's capital for States Newsroom.