The team at FindLaw do not consider ourselves to be political experts. We thought that it could be useful to examine the laws in the race as well as figuratively during the midterm elections.
Here are the laws and ballot proposals regarding a handful of important issues that voters are preoccupied with. It is a focus on possible laws rather than foreign or economic policy. There is none of the major concern of voters, like inflation or war in Ukraine. While the majority of these topics can be extremely political and political however, our goal is to provide a summary of the platform of the candidates’ public statements and not to offer opinions on these issues directly.
Voting
The voting process itself is one of the most discussed political and legal issue during the midterm elections in 2022. State legislators of both parties have been heavily involved in creating and implementing the laws that govern voting in their states.
Generally, Republican-controlled state legislatures are interested in passing restrictive voting measures that target election interference. Many of these bills were introduced that attempt to restrict mail-in-voting or early voting, voting dropboxes, voting with no photo ID, as well as similar legislation. Meanwhile, several Democratic-controlled state legislatures have passed laws expanding access to voting.
It’s a politically charged subject. Based on an Politico-Morning Consult poll early in 2022, just over fifty percent of all identified Republicans support the previous president’s claim that the 2020 presidential election was fraudulent, even though there’s no proof of widespread fraud. Of all the respondents who participated, 64% believed that it was time for the Republican party needs to shift to a different focus from the election’s interference.
In every state except Vermont have introduced legislation that will restrict voting access by 2022. This year, in May the states of 18 passed around 34 laws designed to limit the voting rights of citizens. A lot of the current national and state elections have the candidature of a Republican candidate who believes that the presidential election of 2008 was fraudulently manipulated.
The bills to expand the voting rights of voters and limiting their access were introduced to Congress in the past year there doesn’t seem to be any immediate decision. It is possible that this will, in fact depend on the results of the elections. While it does not directly impact voting in states but the House approved a measure on September 21 , which aims to clearly deny the vice president’s authority to declare state-wide elections inconclusive, as Trump demanded Vice president Mike Pence to do on the 6th of January in 2021. There is no way to know if the law will actually become legal, but it is.
If you are unsure about the current laws on voting and other limits within your state, go to the FindLaw’s Voting Rights section for more details.
Reproductive Rights
Similar to voting, the issue of abortion is a highly political and controversial subject that is now the subject of many states and national elections. A lot of states are struggling to come up with the laws that govern abortion in their states.
The Trigger law prohibiting abortion has been in effect since 2022. These laws, adopted to prepare for Supreme Court’s ruling to overturn Roe V. Wade, vary in extent, yet all of them place limitations on abortions which would be illegal as of the year last. Some states have also adopted abortion rights in a codified form, and in certain states, like Michigan the voters will be given the option of deciding on whether or not to guarantee rights to abortion in their state constitution.
Others are also incorporating abortion legislation in referendums on ballots. This includes California, Vermont, Kentucky and Montana. They differ in the ballot initiative between states. Kentucky wants the voters to choose whether or not to amend their state constitution so that it explicitly states that abortion isn’t protected rights. California is also able to modify the state constitution in order in order to give women rights to abortion.
On the national level, Senator. Lindsey Graham, R-S.C. is adamant about introducing an act that prohibits women in any state from having an abortion within 15 weeks of having it. But, the legislation hasn’t yet been referred to committee and the likelihood of this or similar legislation eventually being approved is not yet clear.
Reproductive rights are now the subject of debate in the 50 states and a lot of candidates for the presidency are building their campaigns on this issue. On a national scale, House Minority Leader Kevin McCarthy declared that his 2023 House GOP platform will “protect the rights of pregnant mothers and children.”
Learn more the current laws regarding reproductive rights at FindLaw’s Learn About the Law.
Control of guns and Crime Control and Crime
A hot topic for people is the right to bear arms and laws regarding gun safety. In the summer of 2018, Congress passed the most extensive gun control law ever, known as The Bipartisan Safer Communities Act.
But, many politicians are still focusing their campaigns on the issue of gun safety as well as crime. In the House GOP platform is targeting border security and public safety as the top concerns. There aren’t any specifics or specific laws proposed but the platform does refer to Fentanyl, a synthetic opioid responsible for many overdose deaths in the past few years.
Democratic state legislatures they have continued to make firearm safety measures the main focus of their political campaigns. Democratic-controlled legislatures have passed several gun safety laws, including California, Colorado, Delaware, Illinois, Maryland, New Jersey, New York, Rhode Island, Vermont, and Washington. Although the laws are different, they typically are aimed at ghost guns, assault weaponsand open carry regulations, and the carrying of weapons at certain places including polling locations and hospitals.
Also, you can learn more on your state’s firearm laws in our section of criminal law.
This is merely a sample of Problems
This isn’t an exhaustive list, it’s true. As is the norm when it comes to campaigning, a lot of candidates choose to campaign in broad areas, but not divulging details of the legislation and policies they intend to pass should they be they are elected.
In the present, however it’s evident that there are a variety of crucial legal matters that influence our daily lives as Americans are currently being decided in the midterms.