First, Congress could restore a key provision of the Voting Rights Act. In 2013, the Supreme Court in Shelby County v. Holder killed the preclearance provision in Section 5 of the 1965 law that had required states with a history of discrimination in voting to get federal approval for changes in voting rules before they could make them. These states had to demonstrate that the proposed changes, such as cutbacks in days of early voting, would not make minority voters worse off. The court held in Shelby that the formula for determining which states needed to get advance clearance was outdated because it was not tied to current voting discrimination. Congress could reenact preclearance with a new coverage formula tied to current evidence of discrimination.
Second, Congress could require that states offer ample registration and voting opportunities to voters. For example, lawmakers could require that states offer online registration opportunities; 40 states already do, and when Texas was ordered to do so recently as part of litigation, half a million more people registered to vote. Congress could also require that states offer two weeks of some form of early voting — whether in-person, by mail or both — in all federal elections. It could even require that states offer no-excuse absentee balloting.
Third, Congress could require states to assure election security. Lawmakers could require states only to allow voting for federal elections on machines that produce a piece of paper that can be counted in a recount, assuring that the totals announced by voting machines can be verified by hand. Congress could also require states to have certain procedures in place to protect the integrity of voter registration databases and other pieces of critical election infrastructure. These requirements are important for both to assure that election results reflect the people’s will as well as to promote public confidence.
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