An average of 45.6% of Democratic legislators, all Republican legislators, backed placing noncitizen voting bans on state ballots

Welcome to the Friday, July 19, Brew.

Here’s what’s in store for you as you start your day:

1. An average of 45.6% of Democratic legislators, all Republican legislators, backed placing noncitizen voting bans on state ballots
2. Incumbent Andrew Bailey and challenger Will Scharf running in Missouri’s Republican primary for attorney general
3. Did you know six states require a simple majority of votes for the legislature to override a gubernatorial veto?

An average of 45.6% of Democratic legislators, all Republican legislators, backed placing noncitizen voting bans on state ballots

Bans on noncitizen voting at the state level have become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022, and a record eight such measures are on the ballot this year. Republicans in the U.S. House, with support from five Democratic members, recently passed a federal ban on noncitizen voting—the Safeguard American Voter Eligibility (SAVE) Act—221-198.

The source of support is different at the state level.

Looking at all 11 noncitizen voting ban measures that legislatures put on state ballots, 100% of Republican legislators voted to place them on the ballot, save for those who were either absent or did not vote. An average of 45.6% of Democratic legislators voted in favor of these measures.

Of the six measures approved before 2024, three were citizen initiatives (Florida, Colorado, and North Dakota), while state legislatures put the other three on the ballot in Louisiana, Ohio, and Alabama. In November, voters in eight more states will decide on noncitizen voting bans: Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin. Republican-controlled legislatures placed all eight measures on the ballot.

In Oklahoma, Missouri, and Wisconsin, no Democrats supported the constitutional amendments.

In Alabama (2020) and Iowa (2024), the legislature referred ballot measures received unanimous support from both parties. The Iowa amendment includes an additional provision that would allow 17-year-olds who will be 18 by the general election to vote in primary elections.

The states with the lowest, non-zero, percentage of Democratic support were Kentucky, where 23.8% of Democratic legislators were in favor; Ohio (30%); Louisiana (35.7%); Idaho (45.5%); North Carolina (72.4%); and South Carolina (94.6%).

Of the eight states with Democratic support, five were Republican trifectas at the time of the legislative referral. The other three—Kentucky, Louisiana, and North Carolina—were divided governments.

In 1996, Congress passed a law banning noncitizens from voting in congressional and presidential elections. This federal law did not address state or local elections.

All state constitutions mention U.S. citizenship when discussing who can vote in that state’s elections. Forty-three state constitutions say who can vote (e.g. every citizen or all citizens), but do not state that noncitizens cannot vote. Seven state constitutions (Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio) allow citizens, but not noncitizens, to vote.

North Dakota was the first state to ban noncitizen voting in 2018. In 2020, three states—Colorado, Alabama, and Florida—approved citizenship voting requirements. In 2022, Ohio and Louisiana also made the constitutional change. Voters approved all six measures with at least 62.9% voting in favor. Arizona was the only state to ban noncitizen voting through legislation.

If we look at these six states alone, approximately 15% of the U.S. population lives in a state that bans noncitizen voting. If voters approve all eight noncitizen ban measures on the ballot this November, that percentage would rise to approximately 27%.

As of 2024, the District of Columbia and municipalities in California, Maryland, and Vermont allow noncitizens to vote in some or all local elections.

Incumbent Andrew Bailey and challenger Will Scharf running in Missouri’s Republican primary for attorney general

Throughout the year, we’ll bring you coverage of the most compelling elections—the battlegrounds we expect to have a meaningful effect on the balance of power in governments or to be particularly competitive. You can catch our previous coverage of other battleground races here.

Today, we’re looking at the Republican primary for attorney general of Missouri on Aug. 6. Two candidates are running: incumbent Andrew Bailey (R) and Will Scharf (R). Both have worked for Missouri’s executive branch. Governor Mike Parson (R) appointed Bailey attorney general in 2022 to replace then-Attorney General Eric Schmitt (R), who was elected to the U.S. Senate. The Aug. 6 primary is Bailey’s first run for the office. Scharf served as a policy director for Eric Greitens‘ (R) 2016 gubernatorial campaign and in his office, and is currently an attorney for former President Donald Trump (R).

The Kansas City Star‘s Jonathan Shorman and Kacen Bayless wrote, “With few sharp policy differences, the two candidates are trying to outfox each other in their support for Trump.”

Scharf said, “I think Missouri Republican primary voters appreciate the work that I’m doing for President Trump and I think know, based on how hard I’ve been fighting for President Trump, I’m always going to fight and win for them.” Bailey sued the state of New York over Trump’s conviction of falsifying business records. He also requested documents from the U.S. Department of Justice regarding its prosecutions of Trump.

Schmitt and Parson endorsed Bailey. The Club for Growth and Texas Attorney General Ken Paxton (R) endorsed Scharf. As of July 18, the Republican Attorney General Association had not endorsed either candidate. According to the Associated Press, the organization “normally supports GOP AG incumbents.”

Before his appointment, Bailey served in the governor’s office as deputy counsel and general counsel. He also served as an assistant prosecuting attorney for the Warren County Prosecuting Attorney’s Office and as general counsel for the Missouri Department of Corrections.

Bailey said, “Missourians deserve to know they have someone willing to step up and fight back against federal government overreach, and that’s exactly what I’ll continue to do. I will always work to hold out-of-touch bureaucrats accountable and defend the rights of hardworking Missourians.”

Scharf began representing Trump in 2023. Before working for Trump, Scharf was a prosecutor in the U.S. Attorney’s Office for the Eastern District of Missouri. He also served as policy director for Catherine Hanaway‘s (R) 2016 gubernatorial campaign. Following Hanaway’s defeat in the 2016 Republican primary, Scharf went to work for Greitens.

Scharf said he would “push back against the encroachment of the radical woke left and the overreach of the federal government.” Scharf said he believes that “now, more than ever, Missourians need leaders who will boldly confront these challenges and defend conservative principles without compromise.”

Ten attorney general offices are on the ballot in 2024. These elections are in Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington, and West Virginia.

Heading into the election, Democrats hold 22 attorney general offices, Republicans 27, and nonpartisan officeholders one.

Did you know six states require a simple majority of votes for the legislature to override a gubernatorial veto? Those states are Alabama, Arkansas, Indiana, Kentucky, Tennessee, and West Virginia.

The vote margin required to override a veto varies by state:

• 36 states require a two-thirds vote
• Seven states require a three-fifths vote
• Alaska requires a two-thirds vote from its combined legislative chambers.