Can States and the Feds Strike a Balance on Election Roles

Can States and the Feds Strike a Balance on Election Roles?

Forecast '26: State lawmakers will also consider mail ballot voting procedures, citizenship verification and mid-decade redistricting.

Voting by mail and absentee voting have received consistent interest over the past few years and are likely to remain areas of focus in 2026. (ArtMarie/Getty Images)

Based on the 3,000-plus election administration bills introduced in 2025, several topics are likely to remain hot in 2026. These include balancing the state and federal roles in elections, mail ballot voting procedures, citizenship verification and mid-decade redistricting.

Forecast '26 is a special report from State Legislatures News covering the topics NCSL's policy experts anticipate will occupy state lawmakers' time in 2026 legislative sessions. Read the full report.

Hot Topic: Federalism and Elections

While the Constitution gives states the authority to set the times, places and manner of elections, Congress has at times enacted legislation setting standards that states must meet. Recent examples include the National Voter Registration Act, enacted in 1993 to increase voter registration opportunities and participation, and the Help America Vote Act of 2002, which provided funds to update voting equipment and created the Election Assistance Commission.

The extent of the federal government's role in elections became a hot topic in 2025, and interest will likely continue to be high in 2026.

In March 2025, President Donald Trump signed an executive order affecting mail ballot deadlines, citizenship documentation requirements for the national mail registration form, and several other election administration-related processes. Nineteen states have filed a lawsuit against the order, claiming a lack of constitutional authority; as a result, many of its provisions are not in effect.

Related: Executive Order on Elections: Implications for States

Over the past few months, the Justice Department has requested state election information, including voter registration lists. Many election officials have been unable to comply due to lack of clarity in their state laws, and several states have refused to provide the lists. This has prompted the federal government to sue several states under the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act.

Some federal agencies that support state elections have seen cuts to funding and staff. One of those, the Cybersecurity and Infrastructure Security Agency, supported local election officials through training, communicating on cyber threats, and implementing cybersecurity measures. Many of these programs have lost funding and resources, limiting their reach.

Trump has indicated he is considering more election-related executive orders; going into 2026, it is likely more lawsuits will be filed as states seek clarity on the federal government's authority over states' administration of elections.

State legislatures will also do what they do best-enact legislation. States may change their statutes to allow compliance with the executive order and federal actions, clarifying for election officials what they are allowed to hand over or do. States may also pass further funding for election administration to close the gaps in federal funding and programs.

Trending: Mail Ballots

Mail/absentee voting has received consistent interest over the past few years and is likely to remain an area of focus in 2026. Federal actions by the executive branch and the U.S. Postal Service may impact how states are thinking about mail voting.

One recently proposed change to Postal Service rules could affect states accepting mail ballots after Election Day. It would clarify that the presence of a postmark on a piece of mail does not indicate the first date the Postal Service was in possession of the item-only that it was in possession on that date. The service asserts this would not change current practices, but election officials already are signaling how a change in postmark standards might impact ballot validity in states that accept mail ballots after the election that are postmarked by Election Day. To ensure that voters receive their ballots with enough time to fill out and return them, two states-Minnesota and Nevada-have set earlier ballot distribution deadlines.

Trump's executive order on elections called for all states to have an Election Day return deadline for mail/absentee ballots. Due to pending litigation, this requirement is not in effect, but in 2025, three states-Kansas, North Dakota and Utah-changed their mail/absentee ballot deadlines to require ballot receipt by the end of Election Day. More states may follow suit in 2026.

States may also further refine what information is necessary to apply for or return an absentee ballot, and continue looking at timelines to do so.

Finally, the Supreme Court will have a say in how mail ballots are handled. In Bost v. Illinois State Board of Elections, the court will rule by June 2026 on whether ballots postmarked on or before Election Day can be counted. Under Illinois law, a mail-in ballot that meets this threshold can be received and counted up to two weeks after Election Day. Petitioners who are both Illinois voters and candidates for federal offices are challenging the law, claiming it violates federal elections statutes and impermissibly extends the time in which residents can vote. The court will decide whether the petitioners have standing to challenge state regulations concerning their federal elections.

Hot Topic: Citizenship and List Maintenance

Without a doubt, proof of citizenship requirements for voting, including list maintenance procedures and how to ensure only citizens are on the voter rolls, were hot in 2025. That trend is expected to continue in 2026.

Bills introduced in 2025 spanned a spectrum of policy options: requiring documentary proof of citizenship at the point of registration; introducing constitutional amendments to clarify that only U.S. citizens may vote; and enhancing list maintenance practices. Virginia, for example, enacted legislation requiring the Department of Elections, the DMV and other voter registration agencies to collaborate on a process to ensure that noncitizen registrations are not included in the voter rolls.

Many states considered cross-agency data comparisons-such as matching voter registration records with jury duty lists and/or federal tools such as the Systematic Alien Verification for Entitlements system-to verify citizenship status and identify noncitizens who may have been inadvertently added to voter rolls. Some bills also called for periodic audits of voter rolls to remove noncitizens.

Looking ahead to 2026, states will likely continue to expand and formalize these efforts, focusing on verifying citizenship status during registration, maintaining voter rolls over time, automating checks, and comparing data among different agencies.

NCSL Resources:

• Legislative Approaches to Ensuring Only Citizens Vote
• Voter List Maintenance

Hot Topic: Mid-Decade Redistricting

Redistricting takes place once every 10 years, when each state draws new legislative and congressional maps following the release of decennial census data. In 2025, however, the topic drew unprecedented attention from legislatures, governors, the Trump administration and the public. Media reports indicate that about one-third of states considered undertaking mid-decade redistricting, with five-California, Missouri, Ohio, Texas and Utah-taking action on new maps.

In the fall last year, Texas and Missouri implemented new congressional maps. The Utah Legislature also adopted new maps that await court approval. Utah's redistricting process and advisory commission reverted to the form in which they were enacted in a 2018 ballot measure, pursuant to a court order. Litigation is ongoing in some of these states, and a Missouri referendum that might qualify for the ballot would ask voters whether to retain or repeal the new maps. Ohio law requires the state to draw new congressional maps this fall because the state's 2021 maps did not pass with bipartisan support. California voters will decide whether to adopt new maps in November's general election. Louisiana is waiting on a Supreme Court decision regarding not only the validity of Louisiana's congressional map but also the intersection of bans on race-based vote dilution in the Voting Rights Act and prohibitions against racial gerrymandering in the U.S. Constitution. Several other states are reportedly considering new maps, and some legislatures and governors in states with redistricting commissions have expressed interest in revisiting those processes.

As next year's candidate filing deadlines and primary elections approach, states are less likely to implement new maps. As legislatures look ahead to the 2030 redistricting cycle, though, they may consider updates to their redistricting processes. This could include repealing, changing or creating redistricting commissions, looking at redistricting criteria and clarifying when in the decade redistricting can take place. Meanwhile, in Louisiana v. Callais, the U.S. Supreme Court could be poised to make significant changes to the role of the Voting Rights Act in redistricting.

NCSL Resources:

• Mid-Decade Redistricting
• Redistricting and Census
• State Elections Legislation Database
• 2025 Election Enactments