Maryland’s VRA and the Uncertain Future of State Responses to Callais
September 30, 2026
By Peter Favret
Earlier this year, in April, Maryland became one of three states to pass a new state-wide Voting Rights Act in 2026. Delaware and New Jersey also passed state voting rights acts this year. The action takes place against a backdrop of a little over a decade of Supreme Court decisions that decreased the breadth and power of the original 1965 act. Provisions that were scaled back include the preclearance provision (Section Five), which required certain “covered jurisdictions” with a history of racial discrimination to obtain advance approval from the federal government before making changes to voting procedures, and Section Two, the provision banning racially discriminatory voting practices.
Power to the People? Ballot Questions Revisited
September 30, 2026
By Francesca Ferraro
In 1918, Massachusetts voters narrowly—51.28% to 48.72%—approved an amendment to their state constitution establishing a state process of initiative and referendum. Born of the populist and progressive movements that swept the nation at the beginning of the twentieth century, Massachusetts’s citizen ballot proposal provision, known as Article 48, has proven to be wildly successful: Of the 192 ballot questions presented since the amendment, a whopping 115 have been approved—the majority of which have introduced a legislative constitutional amendment. And in a state famous for its high-powered party politics, supporters tout the provision as a way for voters to pursue the issues that matter most to them when the legislature has other priorities.
Taxation Without Representation in D.C.: Citizenship Makes No Difference
September 30, 2026
Originally a rallying cry during the American Revolutionary War, “End Taxation Without Representation” is now used as part of Washington D.C.’s campaign for a vote in Congress. Even though D.C. residents pay federal taxes, they are unable to vote in Congressional elections. This sad fate is shared with millions of people across the United States. People without American citizenship, regardless of their residency, are equally unable to vote in any federal elections despite paying federal taxes. Most noncitizens are also banned from voting at all levels of government. Uniquely, this is not the case for noncitizen residents of D.C. They just recently earned the right to vote. (more…)
Who Gets to Call the Play? Coach for Governor and the Fight Over Alabama’s Residency Requirements
September 30, 2026
By Elizabeth Flachbart
Alabama’s gubernatorial race, which will be decided at the polls this November, has revolved less around the issues and more around one candidate’s residency – is Senator Tommy Tuberville, the Republican candidate for governor, really a Florida man? Tommy Tuberville has served as one of Alabama’s senators since 2020, after defeating incumbent Doug Jones (a Democrat who is famous for successfully prosecuting Ku Klux Klan members for the 1963 bombing of the Birmingham 16th Street Baptist Church). Tuberville’s brand is centered around his support from President Trump and his former career as a college football coach for Auburn University. Tuberville is now running to replace Governor Kay Ivey (R), who is no longer eligible to run because of term limits, and is facing off against his former opponent Doug Jones. However, Tuberville’s biggest obstacle this campaign cycle has been growing questions over whether he meets Alabama’s 7 year residency requirement for governors.
Voting Beyond State Borders: New Jersey’s Controversial Voting Law
September 30, 2026
In 2022, New Jersey amended its state voting regulations, extending the ability for New Jerseyans who are living abroad to vote beyond Congress’ Uniformed and Overseas Citizens Absentee Voting Act. New Jersey, in accordance with Article I, Section 4, Clause 1 of the United States Constitution, is permitted to control the time, place and manner of its elections, and thus, on its face, New Jersey’s voting regulation does just that. However, with the midterm elections on the horizon, New Jersey Republican Committee members, including Michael McGuire, a candidate running for the 3rd District House seat, are suing the state, asserting that the 2022 updated voting law enables certain individuals who have never been to the United States (let alone New Jersey) to participate in the New Jersey voting process.
A ‘State’ of Limbo: The Puerto Rico Question
September 30, 2026
The Puerto Rican public has yet again called for statehood. On June 10, 2026, Puerto Rico’s Resident Commissioner, Pablo Jose Hernández, introduced H.R.9246, the Puerto Rico Democratic Self Determination Act (“Self Determination Act”). If passed, the Act would mandate a plebiscite to resolve Puerto Rico’s political status on March 14, 2027, with the result binding the federal government. The introduction of the Act followed a referendum conducted in 2024, where 56.82% of Puerto Ricans voted in favor of statehood when given a choice between statehood, independence or sovereignty in free association with the United States. If enacted, the Self Determination Act would give Puerto Ricans the right to decide whether they want to become the 51st state, and by extension, gain access to federal electoral power. If the vote resulted in a majority in favor of statehood, the Act mandates Puerto Rico’s admission as a State of the Union, the initiation of federal elections of Senators and Representatives, and changes to federal laws as they apply to Puerto Rico regarding taxation; health care; housing; transportation; education; and entitlement programs.
The Latest American Citizens To Be Disenfranchised
September 30, 2026
By Paige Moskowitz
After losing the 2024 North Carolina Supreme Court election by 734 votes, Judge Jefferson Griffin contested the validity of over 65,000 mail-in ballots. Most of the ballots Griffin challenged came from voters with allegedly incomplete voter registrations and issues with ID requirements.
But a small portion of the challenged votes—260 ballots, to be exact—came from “never resided voters.” These are American citizens who were born abroad and have never lived in the United States, but inherited voting rights in North Carolina because it was their parent’s last domicile. Oftentimes, these are children of career military or foreign service personnel. While these citizens may visit the U.S. regularly throughout their lives, they have never lived long-term in the country.
Does Ranked-Choice Voting violate the Equal Protection Clause?
September 30, 2026
By Jeffy Samuel
Alaska has a unique electoral system, combining two popular political reforms into one election system. The first reform is a nonpartisan primary, often called a “jungle primary” elsewhere, in which all candidates from the various parties are placed onto a single ballot. In Alaska, the four candidates with the most votes in this nonpartisan primary then move on to the general election. The winner is then decided by eliminating the candidates with the lowest preferences and transferring their ballots to voters’ second or third preferences, until there are two candidates. The candidate with the most votes in this final round is elected. This system is called ranked-choice voting (RCV).
North Dakota Decides Single Subjects Rule
September 30, 2026
By Ethan Thomas
As the midterms quickly approach, not only will voters nationwide determine the balance of power in Congress, but voters in several states will also decide critical policy issues at the ballot box. From restoration of voting rights in Virginia to new thresholds for passing constitutional amendments in the Dakotas, November will likely bring a host of new changes to election laws across the country. But while voters will have to wait until November to make their voices heard on those issues, back in June, voters in North Dakota approved a ballot measure that will shape every ballot initiative going forward.
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Louisiana’s Lost Primary: How a State Cancelled an Election After Voting Began
September 30, 2026
By Chris Wheeler
The Aftershocks of Callais
With the stroke of his pen, Governor Landry effectively voided tens of thousands of votes cast in the State’s House primary elections. In the wake of the Supreme Court’s landmark decision in Louisiana v. Callais, Governor Landry issued an executive order suspending the State’s closed-party primary, despite early voting having begun weeks earlier. This move came in response to the Court’s ruling that Louisiana’s U.S. House map, S.B. 8, was an unconstitutional racial gerrymander after the state moved to add a second black majority district.
The Governor’s executive order relies on a broad grant of authority found in state law (R.S. 18:401.1) which provides that, during an official state of emergency, the governor may “suspend or delay any qualifying of candidates, early voting, or elections.” Accordingly, Louisiana’s Secretary of State declared an electoral emergency. In addition to suspending the primary, the executive order encouraged the State legislature to enact new congressional maps and to schedule elections as soon as practical.