Bills that ‘increase the risk of of election subversion’ seen in 38 states this year: analysis

Bills that “increase the risk of election subversion” have been introduced in 38 states during the first few months of 2023, according to a report from three nonpartisan organizations released Thursday.

The report — produced by States United Democracy Center, Protect Democracy and Law Forward — found that 185 such bills had been introduced throughout the U.S. as of early May. Of those bills, 15 were enacted into law.

Texas has seen by far the most bills introduced that would “allow state legislatures to politicize, criminalize, or interfere with elections,” with 44 pieces of legislation brought forward. However, none have been signed into law.

Arizona stands in a distant second, with 18 such bills, although one was enacted and three were vetoed by the state’s governor after passing the legislature. No other state had more than 10 such bills this year.

The number of “election subversion” bills introduced in 2023 is about “on par” with the last two years that the organizations have tracked them, according to the report.

As of early April 2022, 229 bills had been introduced across 33 states, while 148 bills had been introduced in 32 states around the same time in 2021.

The report said the wide-ranging group of bills has sought to create “unworkable burdens” for those administering elections, impose “disproportionate” penalties around elections, transfer control over election administration and results, and require “partisan or unprofessional” audits.

Several states have also withdrawn from the Electronic Registration Information Center, which the report described as a “particularly concerning” trend.

Eight states have withdrawn and two others are considering leaving the organization, which was created by state election officials to help maintain accurate voting rolls and prevent illegal voting, the report noted.

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