Reclaim Democracy!

Expanding Access: How States Are Protecting Voting Rights

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By Luisana Rodriguez

While using false claims about voter fraud to undermine public confidence in elections, Republican state legislators have often succeeded in creating new obstacles for Americans to cast ballots. In 2024, voters in 29 states faced at least 63 restrictive voting laws newly enacted since 2020, and the attacks show no sign of letting up.

Yet, despite the understandable attention on these attacks, we also see citizens and legislators working successfully to proactively expand voting access and broaden participation. In September, Michigan’s state senate passed a Voting Rights Act that includes same-day voter registration, increased early voting, and expanded voting-by-mail options. The bill awaits action in the state House of Representatives, where Democrats hold a single-seat majority.

In 2024, Minnesota enacted its own multi-faceted VRA to strengthen voter protection, signed into law by Minnesota Governor Tim Walz and Democratic Party nominee for Vice-president. The Minnesota Rights Act protects ballot access for all residents and specifically aims to protect communities of color and other historically disenfranchised groups. 

Additionally, New York, Virginia, California, Oregon, Connecticut, Washington D.C., and Illinois, all recently expanded voter access or protection. A recent report from the Brennan Center for Justice notes these positive steps:

  • Virginia: Amplified access to drop boxes and absentee voting for individuals with visual impairments and eligible citizens in jail. New laws allow people with disabilities to vote outside polling places and broaden the criteria for disability eligibility.
  • California: For the upcoming elections, California will place drop boxes on state college campuses to encourage student participation.
  • Oregon: New requirements mandate translations of voting materials into more languages, ensuring that non-English speakers can access important voting information and understand the process better.
  • Connecticut: By offering an extended early voting period, Connecticut aims to improve voter participation and reduce long lines and wait times on Election Day.
  • Washington: A new law automatically restores voting rights to individuals with past convictions, even if they are still on parole, allowing more people to participate in the democratic system.
  • Illinois: The state has expanded vote-by-mail options to make it easier for residents to cast their ballots from home. Polling place hours have been extended, local jurisdictions can now set up polling places in jails, and central polling locations have been created in each county for added convenience.

Of course, no one should be deprived of voting rights because of the state they reside in, so passing nationwide protections like The Freedom to Vote Act (FTVA) and the John Lewis Voting Rights Advancement Act (VRAA) remains crucial. Throughout U.S. history, underrepresented communities faced tactics designed to repress their voting power, which accelerated since the Supreme Court’s 2013 Shelby County v. Holder ruling, which drastically weakened the Voting Rights Acts (1965) and enabled new state restrictions. Lawmakers passed onerous voter ID laws, voter roll purges, cuts to early voting, and other laws that impede voting and disproportionately affect marginalized groups. 

Color-coded map of U.S. states grouped by ease of voting and participating in elections

See details on how your state ranks for voting accessibility and what can be improved from the Movement Advancement Project, the source of the map above.

As a Venezuelan immigrant, I cannot vote, but I’m invested in the state of our democracy, especially when it comes to the rights of people of color. I consider protecting the rights of eligible BIPOC voters critical since they are not only voting for their own futures but also for the future of their communities, including those of us who don’t cast a ballot. It’s a shared responsibility that highlights the power of collective advocacy in a democracy.

The strength of this democracy relies on today’s actions—because protecting votes creates a fairer system, where decisions reflect the needs of the diverse populations living within our borders. In Venezuela, the regime of acting President Nicolás Maduro made it almost impossible for citizens living abroad to vote in the 2024 presidential election because most of them opposed his government, one that the United Nations accuses of crimes against humanity. 

Despite these barriers, the opposition candidate, Edmundo González, won by a margin of more than two to one. This achievement came from the hard work of dedicated individuals who ensured the ballots were counted and refused to let democracy die, even when the National Electoral Council failed to publish these results and ignored the mandatory transparency required in Venezuelan elections. While Maduro’s regime refuses to give up power, causing social and political conflicts that tear our people apart, the movement led by María Corina Machado continues to work every day to ensure our voices are heard, both at the ballot box and in the streets.

Here in the United States, people are taking crucial steps toward building a more inclusive democracy, where every individual—regardless of background—has a voice. As laws evolve and new challenges emerge, citizens must remain informed, engaged, and proactive in advocating for fair and accessible elections. While it’s now clear no federal voting rights legislation can pass unless a pro-democracy House of Representatives majority emerges from the November elections, we can encourage others in our community to vote, and share news of other state-level successes to remind people that when we work together, we can protect and strengthen our most fundamental rights.

Luisana Rodriguez is a freelance bilingual writer and the co-founder of an affinity group for Latinas in Vermont. She earned her BS in Psychology from Universidad Arturo Michelena in her home country of Venezuela. Luisana has contributed to Business Insider, Reader’s Digest UK, Her Agenda, Latino Leaders Magazine, and Mitú Magazine, among others. Currently, she works in advertising and marketing in Vermont and will soon begin further studies at Champlain College. 

Citizen Lawmaking Is Under Attack as Regressive Lawmakers Work to Suppress Democracy

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Citizen lawmaking via state ballot initiatives is overwhelmingly popular with people across political spectra and has no inherent bias, but in the wake of citizens using initiatives to counter Republican extremism in recent years, GOP legislators have unleashed a wave of bills to obstruct the process. These tactics fall into three categories: keeping initiatives from reaching the ballot, impeding passage, and altering voters’ intent post-passage. 

Every Western state in the Lower 48 except New Mexico enables citizens to make laws directly, a vital check on legislators who refuse to act on pressing issues. As a result, Montanans’ water is protected from cyanide leach mining, thousands of Idahoans can access needed health care via Medicaid expansion, and documented immigrants in Arizona gained in-state tuition rates at public colleges.

The surge in Republican attacks seems driven by alarm over pro-choice voters winning in all six states where abortion ballot questions appeared following the U.S. Supreme Court’s regressive majority overturning Roe v Wade in 2022, including GOP strongholds like Montana, Kansas, and Kentucky. In November of 2024, Arizona and Florida voters will likely vote on whether to overturn abortion bans imposed by legislators despite overwhelming support for bodily autonomy among residents (e.g. sixty-four percent of Floridians say abortion procedure should be legal in most or all cases). Up to nine states may have abortion on the ballot this fall.

But direct democracy has no partisan bias. Empowering voters sometimes favors conservative causes. In Colorado, for example, 65 percent of voters approved a 2022 initiative cutting state income taxes and passed another measure saying only U.S. citizens may vote in the state.

Looking beyond policy outcomes, suppressing ballot initiatives invites turmoil. The process serves as a safety valve, giving citizens a constructive option when legislatures defy constituents. This is especially valuable when ousting incumbents in “safe seats” is nearly impossible due to gerrymandered districts. 

Much of the current GOP policy agenda is deeply unpopular, even among their voters, but rather than listening to constituents or moderating policies, stifling constituents has become the norm (in more ways than one). Montana Senate Bill 93, passed last year, would have forced citizen groups to pay a $3,700 filing fee just to start a petition drive (a Montana court struck down that portion of the law in early 2024) while giving state officials the power to reject a proposed initiative if they deemed it similar to any that failed within the previous four years. 

After defeating an initiative to cap homeowner taxes in the previous election, powerful corporate lobbying groups like the Montana Chamber of Commerce and Association of Realtors backed the proposed barriers to direct democracy. Democratic State Representative Kelly Kortum calls the bill, “An attempt to strip Montanans of the ability to make laws themselves.”

In Idaho, the GOP introduced a resolution to amend the state constitution to accomplish voter suppression the state supreme court struck down just two years ago. It would require initiative backers to gather in-person signatures from six percent of voters in all of Idaho’s 35 districts–doubling the current 18-district requirement and requiring the assignment of signature gatherers to small towns nine hours from the state capital of Boise. Luke Mayville of Reclaim Idaho, the grassroots organization behind the 2018 initiative that expanded Medicaid coverage, says such restrictions “would render citizen initiatives impossible.”

While that bill appears dead for the current legislative session, several other states are pushing related tactics that impede signature-gathering and give outsized power to rural areas.

Even without an impossibly short window, extreme signature-dispersal schemes proposed in Idaho and other states would grant corporations the power to prevent voters from ever seeing a measure disfavored by big business. That threat exists thanks to the U.S. Supreme Court creating a First Amendment “right” for corporations to spend unlimited sums influencing ballot questions, in 1978 (First National Bank of Boston v Bellotti).

In Nevada, NV Energy spent $63 million to thwart an initiative that aimed to end its electric monopoly. With extreme signature-gathering requirements, corporations could prevent the public debate ballot questions provoke by coopting or propagandizing voters in a single district (to deter residents from endorsing an initiative). This would be easily accomplished in rural districts where gaining endorsements from six percent of voters already is burdensome. 

Direct democracy in the West arose largely through citizens fighting the corruption of state legislatures by mining, railroad, and timber interests — especially in Montana). South Dakota led the way in 1898, followed rapidly by Oregon, Montana, and now 24 total states. So laws that would enable corporations to stifle citizen initiatives before they reach the ballot completely betray that original intent.

The merit of citizen lawmaking is one point of broad agreement among citizens of differing party loyalties and ideologies. This vital tool is under increasing attack, and it’s up to all of us to defend our right to self-governance from politicians who seek to elevate their power at the expense of their constituents.

Jeff Milchen is a board member of Reclaim Democracy!

Editor’s note: we’ve been warning of the escalating attacks on citizen lawmaking for years and are pleased to see have been opened as the sabotage attempts became more glaring in 2023. Our previous reporting has appeared in Jacobin and Governing, among others.

Reclaim Democracy! Commends the Introduction of Federal Voter Protection Bills

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September 2023

The Freedom to Vote Act (FTVA) and the John Lewis Voting Rights Advancement Act (VRAA) are imperative bills to pass through Congress in light of ongoing attempts to pass restrictive, anti-voter bills. At least 14 state legislatures enacted 17 restrictive laws during the first nine months of 2023 erecting barriers for eligible voters and disproportionately impacting voters of color, youth, and those with limited mobility. State legislatures continue impeding our ability to vote and have our votes count equally through gerrymandering, voter roll purges, and more than 50 other tactics Reclaim Democracy! has identified across the states. We call on Congress and President Biden to do everything in their power to ensure passage of both the FTVA and VRAA.

Along with protecting citizens from being denied their vote, the FTVA includes key actions to shrink the influence of big money in politics, guarantees congressional districts provide fair representation for all, and creates national standards to ensure the integrity and security of federal elections.

See summaries from the Brennan Center for Justice for detailed information on both the FTVA and VRAA.

Reclaim Democracy! is among more than 250 allied pro-democracy organizations united via Declaration for American Democracy to advance such voter protection measures.

Finally, we must recognize a hard truth: when our ability to vote depends on politicians who control the levers of power in our state, voting is merely a vulnerable privilege and not a right. Ultimately, we must amend our Constitution to embed an affirmative right to vote and ensure our votes count equally. 

Citizen Lawmaking Under Assault

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Many GOP State Legislators Are Sabotaging the Ballot Initiative Process

By Jeff Milchen
February 19, 2023

American voters often waver from one election to the next between electing majorities of Republicans or Democrats to Congress or their state legislatures, yet the results of ballot initiatives remain remarkably predictable. Last November’s outcomes results again showed a majority of voters — even those in deep-red states — favoring progressive policies when voting on individual issues rather than voicing their party identity.

But instead of accepting those outcomes as guidance to better represent their constituents, many Republican legislatures are trying to obstruct or neuter citizen lawmaking.

Last year, pro-abortion-rights voters won in all six states with questions on the ballot (the most ever on the topic), including the GOP strongholds of Kansas, Kentucky, and Montana. That success has advocates exploring ballot measures to amend state constitutions in a dozen or more states.

In other initiatives, voters abolished involuntary servitude as a punishment (Alabama, Oregon, Tennessee, and Vermont) and raised minimum wages (Nebraska, Nevada, and the District of Columbia). South Dakota became the seventh state (and the sixth under GOP control) to expand Medicaid via citizen initiative. And Michigan voters embedded reproductive rights and voter protection principles in the state constitution.

Two Republican officials on Michigan’s Board of State Canvassers initially blocked both of those initiatives from the ballot. Though supporters gathered a record 735,000 petition signatures for the reproductive-rights measure, the two officials claimed that inadequate spacing in the fine print of ballot petitions was disqualifying and voted to disqualify the voting rights initiative on another technicality. The initiatives’ backers filed lawsuits, and thankfully the Michigan Supreme Court ruled in both cases to prevent the sabotage and enable citizens to vote on the issues. 

Twenty-four states enable proactive initiatives while two additional states enable citizens to nullify laws, but not enact new ones. Around the turn of the century, progressive initiatives began outnumbering conservative ones, and 2022 yielded victories on a wide range of progressive causes. But Republican politicians increasingly deem this an unacceptable intrusion into their powers and push bills to undermine ballot initiatives on three different fronts: erecting barriers to initiatives reaching the ballot, making passage more difficult and corrupting voters’ intent post-passage. 

Last year, Ballotpedia counted a record 232 state bills impacting ballot measure processes, of which 23 passed. The Ballot Initiative Strategy Center (BISC), a nonprofit advocate for citizen lawmaking, listed 140 of those bills as impeding citizen initiatives. And the attacks are unrelenting: Missouri Republicans introduced a dozen such bills this January alone.

Ohio Republicans, meanwhile, proposed legislation to radically increase signature-gathering costs and require a 60 percent supermajority vote for constitutional initiatives. The author of the latter bill openly declared his intent: to block a forthcoming citizen initiative expanding reproductive choice. Also motivating the attack is an initiative to create an independent redistricting commission, which would neutralize gerrymanders that effectively ensure a Republican majority in the legislature. (In an unusual plot twist, a leading advocate for the initiative is Maureen O’Connor, a Republican and former Ohio Supreme Court chief justice.)

Roadblocks to citizen lawmaking may be making their intended impacts, as just 30 initiatives made state ballots in 2022 — the fewest this century. In Utah, for example, an out-of-state group with anonymous funding called the Foundation for Government Accountability helped pass a 2021 law banning paying signature gatherers per valid signature, which is currently standard practice. By nixing a key incentive for workers to gather more signatures than they would if paid only an hourly wage, the law will hike both the cost and duration of campaigns to qualify a ballot measure. “Qualification challenges, courts blocking measures, and onerous restrictions” all contributed to the decrease, says Chris Figueredo, executive director of BISC.

total number of annual state citizen initiatives 201-2022
Graphic courtesy of Ballotpedia

Unlike direct voter-disenfranchisement tactics, the escalating assaults on direct democracy have generated few headlines. But regardless of our policy preferences, ballot initiatives provide a vital safety valve, giving citizens a tool to bypass unresponsive legislatures that ignore or defy their constituents. This corrective power is especially vital today, as gerrymandering makes dislodging officeholders in safe seats nearly impossible.

Despite the preponderance of progressive ballot victories, direct democracy is a nonpartisan, pro-democracy tool popular with citizens across the political spectrum. Two-thirds of the 24 states with proactive citizen initiatives typically have had trifecta Republican control of state government. In Colorado, which flipped from GOP control of all branches of government in 2004 to a Democratic trifecta today, 65 percent of voters supported a 2022 initiative to cut state income taxes. And when Californians voted for President Joe Biden by a 29-point margin in 2020, conservative positions prevailed on several ballot questions. If more state legislatures flip to Democrats, conservative initiatives undoubtedly will serve as a check on their power as well. 

The election results of 2022 demonstrated that citizen initiatives unite voters with differing party loyalties to advance common interests, often addressing issues where legislators decline to act. The threats to citizen lawmaking should be resisted in favor of protecting one key avenue to ensure frustrated voters a constructive way to engage and progress toward inclusive democracy.

Jeff Milchen is the founder and a board member of Reclaim Democracy! Follow him on Twitter: @JMilchen. A shorter version of this commentary was first published by Governing.

See also: Tactics GOP Legislators Are Using to Undermine Direct Democracy

Securing Votes Without Building Barriers

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By Jeff Milchen
May 4, 2022
First published in the Billings Gazette and Bozeman Chronicle.

Just weeks ago, Yellowstone County Judge Michael Moses blocked four recent Montana voting restriction laws from taking effect for this year’s elections. A full decision on the law’s constitutionality is yet to come, but Republican plans for a special legislative session (largely to promote false “election fraud” claims) collapsed after the preliminary ruling.

Yet Montana does have reason to improve one aspect of securing elections in which we lag behind most states: keeping voter rolls free of duplicate or ineligible registrations.

Unknown to most U.S. residents, a system to keep voter rolls current has operated effectively for a decade. Created in 2012 through collaboration among several states and the Pew Charitable Trusts, the Electronic Registration Information Center (ERIC) is a non-profit, non-partisan consortium managed and financed through voluntary membership by 31 (now 27) U.S. states and the District of Columbia.

Participating states regularly upload voter registration and motor vehicle license records through a secure, encrypted process. ERIC amasses the state data, then identifies and reports back any inaccuracies or duplicates, flags who moved, who died, and who is eligible to vote but isn’t registered. It’s a one-stop solution to guarantee highly accurate voter rolls.

ERIC can even identify illegitimate votes. Among the 14.6 million mail ballots cast during the 2016 and 2018 elections, ERIC flagged 372 likely cases of double voting or someone casting a deceased person’s ballot. That’s 0.0025 percent of votes cast. 

Between 2012 and 2018, ERIC identified 10 million registered voters who moved–the most common cause of voter roll inaccuracies–or appeared on more than one voting list. ERIC is the only reliable tool to learn whether any person cast ballots for the same election in different states.

Yet for all the professed Republican concern about voter fraud, Montana is not among the majority of states (split between Republican and Democratic-leaning) participating in ERIC. Why have Montana Republicans not taken this simple step to actually increase election security? And why have you not heard reporters asking politicians that question?

It’s not about cost. Montana’s annual dues to ERIC would be about $25,000 next year–a fraction of the legal costs Republicans imposed on taxpayers by passing election laws certain to be challenged by Indigenous, youth, or disability rights groups whose constituents are targeted. 

ERIC Map
ERIC Map with recent GOP state resignations, as of March 21, 2023

Editor’s note and update: while this op-ed was produced for Montana newspapers, the arguments apply for all states that are not yet part of ERIC. If your state is not among these members, we’d love to help you engage your state officials. Current ERIC members (as of March 17. 2023) are: AK, AZ, CO, CT, DE, FL, GA, IL, IA, KY, ME. MA, MD, MI, MN, MO, NV, NM, OR, PA, RI, SC, TX, UT, VT, VA, WA, WV, WI, and Washington, D.C.

With ERIC’s successful track record, no state had ever dropped out until Louisiana’s Secretary of State withdrew in January. Then 2022 Republican candidates for Secretary of State in Ohio and Alabama declared they’d withdraw from ERIC if they gained power. The excuse to sabotage genuine election integrity stems from fabricated and easily disproved allegations about ERIC published by the far-right Gateway Pundit blog.

So what motivates these baseless attacks? ERIC doesn’t just identify eligible unregistered voters–it obliges member states to contact those people and offer them the opportunity to register. It seems many GOP attacks on ERIC are motivated by the opinion that expanding democracy is an unacceptable requirement. Or perhaps eliminating the rare instances of illegal votes is not desirable to some vote suppressors, as that would weaken their justification for promoting more than 50 voter suppression tactics across U.S. states.

Steve Daines, Matt Rosendale, and other Montana GOP members all have been accomplices in undermining faith in our elections and our public servants. Daines’ treachery includes texting his supporters to falsely claim “Dems are stealing the election,” after Trump lost the 2020 election by over seven million votes. They all are culpable for helping incite the violent attack against our republic on January 6 of last year. 

The GOP instilled doubt in election security among followers by spreading unrelenting lies, then used those doubts to justify laws erecting voting barriers for youth, Indigenous Montanans, and others they prefer not vote. Indigenous and youth advocates are among those who successfully sought to block the voter suppression tactics from taking effect. 

In case repeated lies about the 2020 elections are more vivid than the truth, the U.S. Cybersecurity and Infrastructure Security Agencies (then-controlled by Trump appointee Chris Krebs) told us the 2020 election was the most secure in American history and, “There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.” 

Let’s call on Montana officials to stand up for voters reject the escalating assault on democracy. Joining ERIC is an administrative decision, so Montanans should ask Governor Gianforte and Secretary of State, Christi Jacobsen, to take this one simple action to advance their professed desire for more secure elections.

Failure to act would tell us all we need to know about their credibility.

Jeff Milchen (@JMilchen on Twitter) is a board member of the Montana-based Reclaim Democracy!

Along with our web page, you can share this 2-minute video that explains ERIC well. This FAQ (pdf) goes into more depth on ERIC’s operations

How the Senate Filibuster Enables Corporate Rule

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By Jeff Milchen
April, 2022

“Follow the money” is a fundamental principle for political reporters. It means competent journalists look at who funds politicians, provides that information in relevant stories, and examines how politicians’ votes and statements compare to the agenda of their funders. On that criterion, nearly every news report on the recent filibuster of Senate voting rights legislation failed. 

It’s not like the trail is camouflaged. The U.S. Chamber of Commerce, perhaps the most powerful lobbying group in America, promoted it’s agenda publicly, decrying the the threat of a responsive democracy and touting the filibuster to prevent it. The Chamber lavished praise and cash upon Krysten Sinema and Joe Manchin, the two Democratic Senators who saved corporate America from the threat of majority rule. Without the filibuster, proposals broadly popular with the public, but anathema to many corporations — like a $15 minimum hourly wage, bans on corporate union-busting, and stronger pollution limits — could likely become law.

Finally, the Chamber warned all Senators that a vote to enable democracy will be punished on its scorecard, which tells who’s been naughty or nice in the eyes of multinational corporations.

When Manchin and Sinema professed their deep concern for bipartisanship or tradition to justify blocking voting rights protections, some reporters showed appropriate skepticism, since both Senators voted to suspend the filibuster just weeks earlier to raise the national debt ceiling. Yet reports on the filibuster vote from the largest media outlets neglected corporate influence entirely. The only reporting I found connecting Manchin and Sinema’s filibuster support to funding by fossil fuel interests, restaurant chains, and many other corporations was The Lever, a reader-supported investigative journalism startup. 

To be clear, the Constitution’s wealthy authors intended the Senate to protect powerful people from rapid populist pressure that could more easily influence the House of Representatives. Yet they couldn’t anticipate the later invention of filibusters turning their speed bump into a full roadblock. Nor could the founders foresee population growth that now gives Californians about 1/68th as much Senate representation as residents of Wyoming, a state created a century after our Constitution.

Meanwhile, the people of Washington, D.C. and Puerto Rico, who outnumber the residents of several states, have no voting representation in Congress whatsoever. The power imbalances are magnified further by the whiteness and patriarchy prevalent in over-represented Plains and Northern Rockies states.

While many corporations offer feel-good commercials promoting multiculturalism and equality, their political arms (like the Chamber) and political investments perpetuate the dominance of wealth over our elections and the public interest. Those of us who value democracy must remember the quest for voting rights and equality is inseparable from the imperative to revoke the power of corporations and money over our elections and government.

Many of us learned a sterilized history in which the United States progressed steadily from a white, wealthy, male electorate toward inclusive democracy. But in the entire history of our nation, just 11 Black people and 58 women have served as Senators. Hard-fought citizen victories have taken decades and are interspersed with setbacks — like today — at the hands of the U.S. Supreme Court. 

Long-term progress has come through rallying with new energy after each defeat to push further toward equality with clear proactive agendas. The recent Senate defeats for democracy should fuel momentum for tackling the problem at its roots by organizing toward a Right to Vote Amendment in our Constitution that transforms voting from a privilege to a right. have our votes count equally.  

Jeff Milchen is a Reclaim Democracy! board member in Bozeman, MT. Share your views with him or follow on Twitter at @JMilchen

Cartoon displayed on social media is by Nick Anderson.