|
Negative Law: Election Officials Face Threats of Undue Criminal Penalties/Fines |
| Definition |
Level of State Law |
Corresponding
Point Value |
| Despite the challenges of the COVID pandemic, the 2020 election was conducted safely and securely, and also saw record turnout—thanks in large part to the work of nonpartisan election officials. Despite this success, in 2021 some state legislatures enacted new harsh criminal penalties that threaten election officials with felony charges and heavy fines for minor technical infractions—increasing the potential for targeted intimidation and partisan abuse of election officials. |
State has enacted law(s) imposing undue criminal penalties to intimidate election officials |
-1.0 |
| State has no applicable law |
0 |
|
Negative Law: State Legislature Interference in Elections |
| Definition |
Level of State Law |
Corresponding
Point Value |
| Following the 2020 election, partisan actors sought to undermine the will of the voters and pursue a strategy to overturn election results in several states. In 2021, some state legislatures enacted laws that increase the danger of election subversion by giving the legislatures more power to interfere in election administration. |
State legislature has enacted law(s) that allow it to seize power over election administration |
-1 |
| State has no applicable law |
0 |
|
Efficient Absentee/Mail Ballot Processing |
| Definition |
Level of State Law |
Corresponding
Point Value |
| The 2020 election saw a large increase in voters choosing to utilize absentee or mail ballots rather than traditional in-person voting. This increase created logistical issues for election jurisdictions in the ballot counting process, which in turn caused delayed results in some states. One policy states can use to help lessen these delays is allowing absentee and mail ballots to be processed prior to Election Day. This processing does not involve tallying or releasing results ahead of Election Day, but rather taking steps such as verifying voter signatures and opening ballot envelopes that allow counting to be done more quickly. |
State does not require or allow absentee/mail ballot processing to begin prior to Election Day |
0 |
| State requires or allows absentee/mail ballot processing to begin prior to Election Day |
1 |
|
Guns in Polling Places |
| Definition |
Level of State Law |
Corresponding
Point Value |
| The 2020 election cycle saw an alarming increase in reports of intimidation against voters and election officials. Currently, no federal law prohibits the possession of firearms in polling places, and therefore this policy choice is left to the states. Unfortunately, the majority of states have no clear prohibition on bringing guns into polling places.
|
State has no clear prohibition on possession of guns in polling places |
0 |
| State has a partial prohibition on guns in polling places |
0.25 |
| State has a total prohibition on guns in polling places |
0.5 |
|
State Level Voting Rights Acts |
| Definition |
Level of State Law |
Corresponding
Point Value |
| In the absence of the preclearance requirements struck from the federal Voting Rights Act by the Supreme Court in 2013, a small number of states have enacted state-level voting rights acts which seek to achieve similar goals to the federal law. These policies work by requiring local jurisdictions to receive permission from state authorities before changing voting procedures, and by prohibiting racial discrimination in election administration.
|
State has no applicable law |
0 |
| State has enacted a state level voting rights act |
1 |
|
"Voter Intent" Laws to Standardize Ballot Interpretation |
| Definition |
Level of State Law |
Corresponding
Point Value |
| Almost every state has some form of a “voter intent” law or policy, which operates to guide election officials in determining a voter’s choices on their ballot. These policies help in situations where the voter’s marks on a ballot are unclear or there are stray markings, and allow voter’s ballots to be counted rather than disqualified |
State does not have a voter intent law or policy |
0 |
| State has a clear voter intent law or policy |
0.5 |
|
Independence of State Congressional Redistricting |
| Definition |
Level of State Law |
Corresponding
Point Value |
| The increasing prevalence of partisan gerrymandering has led to a landscape of legislative maps where many lawmakers choose their voters, rather than the voter choosing their lawmaker as intended. Some states have enacted policies to prevent gerrymandering by requiring legislative maps to be drawn by independent commissions rather than the legislatures themselves. This map tracks policies that govern congressional redistricting processes within the states. |
State legislature draws congressional maps |
0 |
| State has an advisory commission for congressional redistricting process |
0.25 |
| State has a political appointee commission for congressional redistricting process |
0.5 |
| State has a hybrid citizen/legislative commission for congressional redistricting process |
0.75 |
| State has an independent commission for congressional redistricting process |
1 |
|
Nonpartisan Election Observation Policies |
| Definition |
Level of State Law |
Corresponding
Point Value |
| During the 2020 election, partisan poll watchers and challengers within the states caused problems by intimidating voters and in some cases threatening to disrupt election processes. While most states allow the use of partisan poll watchers, a number of states also have policies that allow nonpartisan election observers such as academics or the media to witness various parts of the state’s election processes. These policies promote election integrity while also avoiding the risk of voter intimidation that can sometimes result from the use of partisan poll watchers. |
State does not explicitly allow nonpartisan observers access to some or all parts of election process |
0 |
| State allows nonpartisan observers access to some or all parts of election process |
1 |
|
Negative Law: Bans on Private Funding of Election Offices |
| Definition |
Level of State Law |
Corresponding
Point Value |
| During the 2020 election cycle, amid the COVID-19 pandemic, private philanthropists recognized a need for additional funding for election offices. These grants were available to any election jurisdiction, and over 2500 individual offices received additional funding to increase their staffing, training, and available equipment and conduct safe elections despite COVID-19. In 2021, several Republican states have enacted bans on these types of grants, while not recognizing or addressing the gaps in funding that led to the need for the grants in 2020 |
State bans private grant funding for election administration |
-1 |
|
0 |
|
Laws Protecting Election Officials Against Threats |
| Definition |
Level of State Law |
Corresponding
Point Value |
| Beginning during the 2020 election cycle, state and local election officials have been the targets of an alarming increase in violent threats and harassment. Much of this rise can be linked to the proliferation of unfounded claims of voter fraud and rigged elections. As a result, some states have put in place new laws that seek to explicitly protect the election officials who protect our democracy. These additional protections may include increased criminal penalties for threatening or harassing officials, interfering with officials in the performance of their duties, or allowing officials to have their personal information exempted from public records. Note: Generally applicable state laws may already be in place that can be used to protect election officials and prosecute perpetrators of threats or intimidation. This map is intended to track new state laws explicitly intended to protect election officials in response to the recent increase in threats and harassment. |
State has a law protecting election officials against threats |
1 |
| State has not passed a law explicitly protecting election officials against threats |
0 |
| Independence & Integrity Total |
6 |
Voter Registration
Representation & Participation
Voting in Person
Voting by Mail
Election Security
Independence & Integrity
State