Early-voting turnout in Virginia has dropped compared with the same period in 2020. As of Tuesday, slightly more than 1.1 million Virginians have voted early.

According to the Virginia Public Access Project, that's down from nearly 2.8 million early voters by this time in 2020. But one expert says it's hard to draw definitive conclusions about what this means for the upcoming election.

Alex Keena, associate professor of political science at Virginia Commonwealth University, compared the numbers.

"Around this time in 2020, they were still lockdowns and there's a big emphasis on early voting, vote by mail to prevent the spread of the virus," he said. "So, a lot of folks who would normally vote in person opted to vote through mail voting. That may be part of the reason why."

Keena noted several factors may have contributed to the decrease, including that early voting was new to Virginia in 2020 when Democrats gained control of the General Assembly. Virginia's lengthy early voting period is among the most generous in the country, providing voters with 45 days, which is seen as ample opportunity to participate in elections.

Keena added one other reason for the decrease is that some voters may prefer casting their ballots on Election Day rather than participating in early voting.

"And then, another obvious reason is that there's less enthusiasm or interest in this election. It seems hard to believe, since the campaign has been going on for so long, but it may well be that there's just sort of fatigue and people are less interested," he continued.

While much of the national attention is focused on the presidential race, Keena pointed to several key congressional races in Virginia, such as the 2nd and 7th districts. He noted that the first district race between incumbent Rep. Robert Wittman, R-Va., and Democrat Leslie Mehta is closer than it has been in a long time.


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Legal groups are weighing an appeal after a court ruling this week that left voters in several states, including North Dakota, at a disadvantage in making use of the Voting Rights Act.

At issue is their ability to sue based on racial discrimination. A three-judge panel with the 8th Circuit Court of Appeals struck down a pathway under Section Two of the landmark law for voters to bring lawsuits if they feel local and state election policies have violated their civil rights. The decision stems from a recent redistricting victory for a pair of Native American Tribes in North Dakota.

Mark Gaber, senior director of redistricting for the Campaign Legal Center, said he was shocked by the latest outcome.

"The Eighth Circuit Court of Appeals has done what no court in the country has ever done, and there's been 400-plus Voting Rights Act cases filed for decades," Gaber pointed out.

The decision affirmed a ruling from the full 8th Circuit, which said language in this section of the law does not specifically mention private individuals. One judge filed a dissenting opinion. The 8th Circuit covers seven states, and civil rights groups said if the outcome stands, voters in those states would have to lobby the Justice Department to bring a case forward.

Gaber noted the problem with asking the Justice Department is, the agency is not equipped to move quickly on such requests.

"They simply don't have the resources," Gaber pointed out. "The individual voters who are familiar with what is happening in their localities and on the ground are frankly, in many cases, better suited to bring these cases."

The Justice Department is also part of budget-cutting moves by the Trump administration. Meanwhile, the Native American Rights Fund said this week's ruling sets a dangerous precedent for minority voters who do not want to be silenced.


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Montana Gov. Greg Gianforte has seen the last few bills of the 2025 legislative session cross his desk and as the ink dries, policy experts reminded Montanans some bills will face the courts before they take effect.

Gianforte signed Senate Bill 490, which changes the Election Day cutoff for same-day voter registration from 8 p.m. to noon. It also eliminates early registration the Monday before Election Day, shifting the deadline to 5 p.m. on Saturday.

Zuri Moreno, state legislative director for the advocacy group Forward Montana, said the change especially affects Montanans who drive long distances to vote.

"We've already heard from the courts that you're not supposed to mess around with same-day voter registration," Moreno pointed out. "It just takes away that opportunity for working folks and young folks and rural people across the state."

Montana's Supreme Court ruled last year banning same-day voter registration is unconstitutional. In January, the U.S. Supreme Court declined to hear a challenge to the decision.

Laws passed this session may still be challenged in court, including those centered on the LGBTQ+ community, which was targeted by at least 23 bills. Moreno noted the "community really showed up this session."

"We saw so many folks sharing personal stories and public testimony, so many folks showing up for lobby days and rallies," Moreno recounted. "Thousands of people engaged in the legislative process, which is essential."

In a win for renters, Gianforte also signed House Bill 311 , which requires rental application fees to be returned to people who do not end up signing a lease.

During every big election, tens of thousands of California voters make a mistake on their mail-in ballot and often get differing advice on how to fix it, depending on who they ask. A new bill aims to standardize the response.

Assembly Bill 1072 would require the Secretary of State and county elections officials to come up with clear answers, applicable statewide.

Kim Alexander, founder and president of the California Voter Foundation, said the problem causes widespread delays in counting.

"In Orange County in the last election, officials had to duplicate over 40,000 ballots," Alexander pointed out. "There are other reasons why ballots have to be duplicated, but the primary one is that the voter made a mistake filling out their ballot, indicated a different choice, and it has to be remade."

Common mistakes include accidentally filling in the wrong bubble, signing the witness signature box or signing their spouses' envelope. If there is time, the county will often send a new ballot.

Alexander noted a common set of instructions should be posted on the website of the Secretary of State and every county registrar.

"They are instructed, typically, to cross out the choice and fill out the choice that they preferred and draw an arrow to it or circle it to indicate that is their intent," Alexander explained. "What they should not do is initial it, and sometimes voters think that's what they should do."

The outlook for the bill is good. It is currently on the consent calendar for the Assembly Appropriations Committee.


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