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State Election Legislation: 2011 Data & 2012 Predictions. Jennie Drage Bowser Senior Fellow, NCSL January 6, 2012. What is NCSL?. Officially bipartisan; nonpartisan in practice All states, territories & possessions are members No state-level lobbying or positions
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State Election Legislation:2011 Data & 2012 Predictions Jennie Drage Bowser Senior Fellow, NCSL January 6, 2012
What is NCSL? • Officially bipartisan; nonpartisan in practice • All states, territories & possessions are members • No state-level lobbying or positions • No active lobbying on election issues in Congress • 50-state research on elections topics, Canvass newsletter, standing committee on elections
Highly politicized debates • Voter ID • Voter suppression vs. voter fraud • Lots of rhetoric, minimal evidence • Reduction of early voting • Proof of citizenship • Candidate birth certificates • Regulating 3rd party registration drives
Reduction in Early Voting • 2001 - 2010 • At least 7 states implemented new early voting programs or made pilot programs permanent • 11 states added weekend days, expanded hours, or offered EV at more locations • 2011 • 7 states shortened early voting periods & some eliminated weekend EV
2001 Voter ID Requirements No Requirement (36) Non-Photo ID (10) Photo ID (4)
2010 Voter ID Requirements NoRequirement (23) Non-Photo ID (19) PhotoID (6) Strict Photo ID (2)
2011 Legislation on Voter ID * No Law or Legislation (3) Existing Law (22) Enacted Legislation (8) Failed/Vetoed Legislation (7) Pending Legislation (10)
Voter ID: Where we stand today NoRequirement (19) Non-Photo ID (16) PhotoID (7) Strict Photo ID (8)
State Primary Date Changes • 10 states + DC had September primaries • 6 + DC have moved state primary to an earlier date • New York will see a new primary date soon • MA, TX could still see primary date changes • CO, GA & OK - earlier (not MOVE-related) • CA, DC, MD & NJ - consolidated state/presidential
Other 2011 Trends • MOVE compliance • Slower than HAVA compliance was • Tinkering with the Electoral College • Always lots of bills, but few enactments • National Popular Vote has changed that • Keep an eye on NPV in 2012
2012? My crystal ball says… • Voter ID • MOVE compliance • National Popular Vote • Voter registration • Proof of citizenship • Election Day registration • Paperless registration