Legislation governing private funding for election administration in the United States, 2021
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In the run-up to the November 3, 2020, general election, Facebook CEO Mark Zuckerberg and his wife, Dr. Priscilla Chan, donated $350 million to the Center for Tech and Civic Life (CTCL). They also donated $50 million to the Center for Election Innovation and Research, saying the money was intended to help "election officials across the nation reach their voters with critical information about voter registration, mail voting, early voting, polling locations and hours, and the vote-counting process."[1]
These donations sparked debate about the propriety of non-governmental entities providing private funding for election administration efforts. In a Newsweek op-ed, the Brennan Center's Wendy Weiser and Jennifer Weiss-Wolf, said, "[The COVID-19] pandemic poses a national emergency impacting the very foundation of our democracy, and the Senate adjourned until Labor Day without giving states and local officials the funding they need to run safe and fair elections this fall. … We have reached an extraordinary point where we have no choice but to look to civil society—the business community and other private groups and organizations—to help fill the breach." Scott Walter, president of the Capital Research Center, said that CTCL staffers were former Democratic Party operatives whose goal was to improve Democrats' electoral prospects: "Can you imagine if the Charles Koch Foundation were to become involved with election officials? It would be front page news in The New York Times."[2][3] For more information about about CTCL grants given to local election officials in 2020, see this article.
As state legislatures convened in 2021, lawmakers in several states introduced bills that would, if enacted, prohibit or otherwise regulate the use of private funding for election administration. This article presents overview information about such legislation that was introduced during or carried over to each state's 2021 legislative session. See the map below for further state-specific details.
Background
Thirty-nine states modified their standard and/or statutory election administration procedures for the November 3, 2020, general election. Many officials and commentators argued that these modifications, which included deadline extensions, expansions of absentee/mail-in voting, and more, were necessary in light of the COVID-19 pandemic. Others questioned whether these modifications were appropriate responses to the pandemic. Others still suggested that some of these modifications were made not in response to COVID-19 but in pursuit of partisan political objectives.
In the aftermath of the 2020 election cycle, debate surrounding these modifications persisted. Two dominant, broad lines of inquiry emerged:
- Were the election modifications made in 2020 legally, or politically, proper responses? For example, in instances where secretaries of state unilaterally implemented changes, was this done in accordance with state law? Legal considerations aside, were such changes made in politically responsible ways (e.g., with an eye toward bipartisan approval)?
- Were these modifications responsible for the historic level of voter turnout in 2020? If so, should these temporary modifications be made permanent? A related question is whether these changes allowed for fraudulent electoral activity.
Debate over these questions materialized in the form of litigation and, in 2021, legislation designed either to extend or curtail these changes.
Legislation
The map below shows how many relevant bills were introduced during or carried over to each state's 2021 legislative session. Hover over a state to see the exact number of bills. Click a state in the map or select a state from the drop-down menu beneath the map to view more information about the bills introduced in that state. This information is provided by BillTrack50.com. To return to the map, click "Back" in the upper righthand corner of the legislation list.
See also
- Non-profits providing vote by mail support to city and county election offices
- Absentee/mail-in voting legislation in the United States, 2021
- Center for Tech and Civic Life's (CTCL) grants to election agencies, 2020
- Laws governing the private funding of elections
- Early voting legislation in the United States, 2021
- Electoral systems legislation in the United States, 2021
- Felon voting rights legislation in the United States, 2021
- Primary systems legislation in the United States, 2021
- Redistricting legislation in the United States, 2021
- Voter identification legislation in the United States, 2021
Footnotes
- ↑ Facebook, "Mark Zuckerberg: October 13, 2020," accessed March 23, 2021
- ↑ Newsweek, "Let the Private Sector Help Save the Election. We Have No Choice | Opinion," September 2, 2020
- ↑ Legal Newsline, "Center for Tech and Civic Life: Democratic election operatives masquerading as concerned voters’ group, critic says," August 24, 2020
