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Supreme Court of the United States

'Thumb on the scale'? Supreme Court decision could give advantage to new restrictive voting laws

Election workers review absentee and provisional ballots in Georgia on November 6, 2020.
John Fritze
USA TODAY

WASHINGTON – A recent Supreme Court decision upholding two Arizona voting rules could make it easier for other states to cite fraud as a justification for similar laws – even if there is zero evidence of past shenanigans in their elections.

Though legal experts are still assessing the decision, the high court's conservative majority signaled this month that a state could point to fraud that occurred outside its borders – and potentially years in the past – to defend tighter voter ID requirements, shorter early voting windows and tougher controls on absentee ballots. 

At a time when more than a dozen conservative states have enacted new voting limitations and no evidence of substantial fraud has emerged from the 2020 presidential contest, election law experts say the lower standard could have an enormous impact on a wave of lawsuits that may be filed under the 1965 Voting Rights Act in coming years.

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