February 2026: Modernize, Don't Nationalize, Our Elections
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In this month’s newsletter, we present our latest analysis on how states can modernize their list maintenance processes — without compromising voter privacy or freedom. We also share new research from Votebeat on the potential impact of earlier mail ballot deadlines on voters and a story from ProPublica and the Texas Tribune on the flawed rollout of the SAVE database for identifying potential noncitizen voters. Finally, we spotlight a new report from Common Cause Pennsylvania and the ACLU of Pennsylvania on notice and cure policies in the Keystone State.
MODERNIZE VOTER LIST MAINTENANCE, DON’T NATIONALIZE IT
Despite President Donald Trump’s recent repeated calls to “nationalize” our elections, the authority, expertise, and proper tools to run secure elections remain the responsibility of the states.
In our latest analysis, we dive into the Trump administration’s brazen efforts to access states' unredacted voter files containing private voter information. We also sound the alarm about the expanded use of the Systematic Alien Verification for Entitlements (SAVE) database, which can fuel election disinformation and distrust about our election systems. Finally, we lay out how states can collaborate to encourage better data sharing, expand access to credible resources, and provide greater transparency for voters.
BY THE NUMBERS
750,000
That’s how many voters could be disenfranchised by moving up mail ballot deadlines. According to new research from Votebeat, at least 750,000 ballots were mailed on time but received after Election Day in the 2024 election — and still counted. But the mail ballot deadline policies that allow for these votes to count are now under threat.
President Trump’s March 2025 executive order laid out his far-reaching elections agenda. Among its key provisions was a declaration that these state grace periods are invalid. This change would require election officials to discard any ballot received after Election Day, regardless of how early the voter mailed it.
In line with Trump’s executive order, four states changed their election laws last year to make Election Day the deadline for ballots to be received. Fourteen states and D.C. still accept mail ballots as long as they are postmarked by Election Day, but recent changes in postal service procedures may complicate that practice. This issue is also at the heart of Watson v. Republican National Committee — a case being argued before the Supreme Court next month.
WHAT WE’RE READING: “NOT READY FOR PRIME TIME.” A FEDERAL TOOL TO CHECK VOTER CITIZENSHIP KEEPS MAKING MISTAKES
A new investigation by ProPublica, reported in partnership with the Texas Tribune, explores how states’ use of the Department of Homeland Security (DHS)'s Systematic Alien Verification for Entitlements (SAVE) database to look for non-citizens on their voter rolls is leading to widespread data errors. These errors risk disenfranchising eligible citizens and fueling false narratives.
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The federal database was originally designed to screen for benefit eligibility. But, upon President Trump's instruction, the DHS rapidly expanded the tool by pooling data from multiple sources and began pressuring states to use it. Twenty-seven states have agreed to use the tool so far, but the results have been unreliable and ineffective. Thousands of registered voters across multiple states have been incorrectly flagged as potential noncitizens.
FROM OUR PARTNERS: COMMON CAUSE PENNSYLVANIA + ACLU PENNSYLVANIA
In 2019, Pennsylvania made “no-excuse” mail voting widely available through the enactment of Act 77. Since then, millions of Pennsylvania voters have enjoyed the convenience of voting by mail. However, the original legislation failed to include clear directives on how county election boards should treat mail ballots returned with minor errors – like forgotten signatures on the outer envelopes. Many counties have developed their own processes to address these mistakes.
But the absence of a consistent procedure for county boards to notify voters and allow them to fix these errors (a process known as “notice and cure”) has led to tens of thousands of mail ballots not being counted in Pennsylvania elections.
A new report by Common Cause Pennsylvania and the American Civil Liberties Union of Pennsylvania analyzes the impacts of this variability on Pennsylvania voters. The authors identify key features of the most effective notice and cure policies, such as the automatic return of defective ballots to voters. They also recommend some best practices to help ensure that all eligible votes are counted.
THE MARKUP
The Markup is our weekly election law and policy update, powered by our Election Policy Tracker. You can subscribe by checking the box at the bottom of this form. Here’s an excerpt from yesterday’s edition:
Kentucky Senate advances constitutional amendment to restore voting rights to some citizens with felony convictions. The Senate passed a constitutional amendment that would automatically restore voting rights to citizens with past convictions for most felonies upon completion of their sentence, including probation or parole. Kentucky's current rights restoration system, established by a 2019 executive order issued by Gov. Andy Beshear, automatically restores voting rights only to citizens who were disenfranchised for state convictions. A future governor could revoke this policy.
Florida proof of citizenship bills clear committees. The Florida legislature advanced bills that would require all Florida voters to verify their U.S. citizenship — by submitting documentation such as a passport or birth certificate — through committees in both chambers. H.B. 991 is expected to be heard on the House floor on February 25. S.B. 1334 has not yet been scheduled for a vote on the Senate floor.
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