New Voting Laws
Despite gains made in voter turnout during the pandemic, 19 states have passed laws restricting voter access.
Voting laws passed
Jan 1 - Dec 7, 2021
Source: Brennan Center for Justice.
In anticipation of the 2020 election and in response to the pandemic, nearly every state did something to make voting easier, such as temporarily expanding access to mail-in voting, establishing ballot drop-boxes, or increasing the availability of early voting.1 Despite concerns that the pandemic might depress voting rates, voter turnout was at a record high in the 2020 election with national voter participation jumping to about 67% amid an increase in new voters from both parties.2,3
Since the 2020 election, there have been a series of voting laws passed in states across the nation. In 2021, 11 states enacted voting laws that only make it harder for Americans to vote.4 17 states passed only expansive voting laws in 2021, and 8 states passed a combination of both expansive and restrictive voting laws.
In states where expansions made during the pandemic were curtailed, lawmakers often cited fraud as a reason despite expert consensus that there was no evidence of widespread fraud and that the 2020 election was “the most secure in American history.”5
This trend appears poised to continue in 2022, and at least 152 restrictive voter bills in 18 states are slated to carry over into the 2022 legislative session. Among the one-third of voters who did not participate in the 2020 election, the Current Population Survey found that 8% did not vote because of structural barriers. Rather than building on the progress made in 2020, states’ efforts to further restrict voting access could have a significant impact on participation in future elections.
“Voting and Registration in the Election of November 2020”. U.S. Census Bureau. April, 2021. https://www.census.gov/data/tables/time-series/demo/voting-and-registration/p20-585.html
“Expanded Access To Voting Yielded Huge Turnout. Will States Take It Away?” Parks. NPR. November, 2020. https://www.npr.org/2020/11/25/937050893/expanded-access-to-voting-yielded-huge-turnout-will-states-take-it-away
“Behind Biden’s 2020 Victory”. Igielnik, Keeter, and Hartig. Pew Research Center. June, 2021. https://www.pewresearch.org/politics/2021/06/30/behind-bidens-2020-victory/
“Voting Laws Roundup: December 2021”. Brennan Center For Justice. January, 2022. https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-december-2021
“Joint Statement From Elections Infrastructure Government Coordinating Council & The Election Infrastructure Sector Coordinating Executive Committees”. Cybersecurity & Infrastructure Security Agency. November, 2020. https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election