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States Alter Election Rules Last Minute as Voting Dates Approach

FILE – Dawn Stephens and Duane Taylor prepare ballots to be mailed at the Mecklenburg County Board of Elections in Charlotte, N.C.

As voters prepare for the upcoming elections, recent changes in voting processes across various states are noteworthy. In Georgia, election personnel will be mandated to hand-count ballots after the conclusion of voting. In North Carolina, some students and university staff are allowed to vote using their digital IDs. Additionally, Wisconsin has reintroduced the use of ballot drop boxes, although their availability will differ among different jurisdictions.

This shifting landscape of voting regulations is particularly evident in key swing states, with many modifications occurring at the last minute. As Election Day approaches on November 5, states are already distributing mail-in ballots, and some voters have started to cast their votes in person.

“The numerous last-minute changes to election rules—whether they stem from state legislatures, election authorities, or court decisions—create confusion among voters and election officials,” said Megan Bellamy, vice president of law and policy for the Voting Rights Lab, highlighting the urgency for lawmakers and administrative bodies to acknowledge the ongoing election season.

Several recently modified practices are causing heightened attention among voters and officials alike.

New hand-counting laws have been implemented in both Georgia and Arizona, where election workers are now required to verify the number of ballots cast at polling places. This change could potentially postpone the release of election results. In Georgia, the State Election Board’s regulation calls for hand-counting the total number of ballots at each polling site by a minimum of three poll workers, who must ensure that they reach a consistent count before proceeding.

Georgia utilizes touch-screen machines that produce paper ballots, allowing voters to confirm their choices. The new hand-counting rule is intended to ensure that the number of physical ballots aligns with the electronic results, although critics fear that it may delay election returns and damage public confidence in the electoral process.

Arizona also recently adopted similar hand-counting requirements, which have raised concerns among local election officials about potential delays. After its primary election in July, Maricopa County reported a noticeable slower result delivery due to the new procedures. With a high volume of ballots expected to be dropped off on Election Day, officials worry that the impact could be even more significant during the general election.

In Wisconsin, the re-legalization of ballot drop boxes has sparked controversy. After a conservative majority on the state’s Supreme Court banned drop boxes, a new liberal majority permitted their use once again. While some municipalities embraced the return of drop boxes during recent elections, others, particularly in conservative areas, have opted out for security reasons. Major cities such as Milwaukee and Madison have actively utilized drop boxes in recent elections and will continue to do so.

Ohio has also implemented restrictions on ballot drop boxes, stating that only individual voters may submit their ballots, while anyone assisting them must deliver the ballot to the county board office. In Pennsylvania, ongoing litigation regarding provisional ballots highlights the challenges surrounding mail-in voting, particularly concerning ballots rejected due to minor mistakes.

This year will also be the first presidential election since Florida enacted various changes to mail voting practices in 2021. These alterations include limiting mail ballot requests to only the upcoming general election cycle, which means voters will need to reapply for future elections. Additionally, voters are now required to provide personal identification information when requesting mail ballots.

In North Carolina, a recent decision by the State Board of Elections allows students and staff at the University of North Carolina at Chapel Hill to use digital IDs for voting, challenging previous requirements for physical identification. However, this move faced opposition from Republican groups, sparking legal battles over the legitimacy of digital IDs in the voting process.

In Arkansas, a federal decision reinstated a rule that prohibits electronic signatures for voter registration, requiring physical signatures for applications. This decision followed concerns regarding the use of electronic signatures by a non-profit organization aimed at increasing voter registration.

Once votes have been cast, new regulations will also affect the post-election period in some states. For instance, Georgia’s election board has introduced rules that allow for “reasonable inquiry” before certifying election results, a vague term that has led to concerns from Democrats about potential misuse by officials wanting to contest outcomes they find unfavorable.

In New Hampshire, new legislation mandating post-election audits has been signed into law, ensuring verification of electronic vote-counting processes following elections. The first audits conducted revealed that the ballot counting devices performed accurately within expected margins.

As states finalize preparations for the elections, the swift changes in voting laws and procedures highlight the growing complexities of managing electoral systems during a pivotal time.

Source: Associated Press