NCSL briefing: Supreme Court redistricting rules, USPS ballot rules and DOJ voter‑list demands could reshape state election practice

Katie Owens Huebler, director of Elections and Redistricting at the National Conference of State Legislatures, told the State Government and Bridal Relations Committee that several federal developments are likely to change how states run elections.

"So in this case, the racial gerrymander is determination that race was the predominant factor in redistricting in this case," Huebler said, summarizing the recent Supreme Court decision in Kelly v. Louisiana and how it tightens Section 2 Voting Rights Act challenges by requiring present‑day evidence of intentional discrimination.

Huebler said the court's change will affect how plaintiffs frame map challenges, because Section 2 plaintiffs must now provide stronger evidence beyond the traditional Gingles framework. She also warned committee members that Watson v. RNC, a pending Supreme Court case on postmark and receipt deadlines, could constrain state rules that currently allow ballots postmarked by Election Day to be counted when received later.

The presenter reviewed an executive order that directed the U.S. Postal Service to propose ballot‑mailing rules; draft rules were published June 2 and are in a public comment period that closes July 30. "The proposed rules would mandate adherence to postal service defined standards for outbound and return ballot envelopes," Huebler said, describing proposed envelope designs, intelligent mail barcodes and an "election mail" logo.

Huebler also detailed changes to the SAVE (Systematic Alien Verification for Entitlements) system that make it easier for election officials to run batch checks of registrant lists — and noted that some federal legislation being tracked, including the Save America Act, would require documentary proof of citizenship at registration and stricter photo‑ID rules if enacted.

On Department of Justice requests for voter lists, Huebler said states have taken varied approaches: some provided only public/redacted lists, some refused, and DOJ has filed lawsuits seeking unredacted data. "To date, no state has been compelled to provide their unredacted list as a result of a Department of Justice lawsuit," she said, and committee members were told several courts have dismissed DOJ claims.

Huebler closed by noting federal election‑security supports remain available through the Election Assistance Commission but that some supports — including regional election‑security advisors and federal funding for the Election Infrastructure ISAC — were reduced in 2025, shifting previously free services to membership models. Committee members asked follow‑up questions about the purpose of DOJ requests, the burden on county election officials and the distinction between attestation and documentary proof of citizenship.

The committee did not take formal action; members moved to the Attorney General's Office panel for legal detail and queries.