Democracy Methodology

Methodology

The Democracy Maps offer a detailed roadmap of election laws and policies and how they differ. As of December 1, 2025, MAP tracks over 50 state election and voting related laws and policies in all 50 states, and Washington D.C. For these policies, MAP assigns a score or point value and then tallies them to create a “policy score” for each state. Policy scores are sorted into simple categories (Negative, Low, Fair, Medium, and High) to be able to quickly and easily compare the overall democracy policy landscape and see the states that are ensuring democracy thrives and the states that are falling short.

The major categories of laws covered by the policy score include:

Voter Registration

Representation & Participation

Voting In Person

Voting By Mail

Election Security

Independence & Integrity

Across these six categories, each positive law counts as a maximum of a single point, with variations reflected by fractions of a point. A state’s Democracy Score is reduced by a point in some areas where the state has a negative law. The current maximum Democracy Score for a state is 36.5.

Scoring Table

	Overall Score
High (75-100% of total points possible)	27.38+
Medium (50-74.9% of total points possible)	18.25 to 27.38
Fair (25-49.9% of total points possible)	9.13 to 18.25
Low (0-24.9% of total points possible)	0 to 9.13
Negative (<0 points)	<0
Total points possible	36.5

Note: no updates to the scoring system’s thresholds have been required since October 2024.

Description of Laws and Policies

Voter Registration Laws and Policies

Voter registration policies such as automatic and online registration work to determine the eligible electorate in each state, which is often unduly restricted before elections even begin.

Automatic Voter Registration
Definition	Level of state law	Corresponding point value
Automatic voter registration is a policy that modernizes the voter registration process by automatically registering eligible voters through their interactions with state agencies, most commonly when people apply for or renew their driver’s licenses. Automatic voter registration helps ensure that every eligible voter has access to vote and strengthens the security and accuracy of our election systems. Our scoring distinguishes between Secure AVR and Partial AVR. In Secure AVR systems––sometimes referred to as “back-end AVR” –– designated agencies such as state DMVs systematically send information from relevant transactions to state election authorities. Once the voter’s eligibility is confirmed, the voter is then automatically registered (or registered in pending status) before being given an opportunity to opt-out at a later time, usually through the mail. Secure AVR systems are more efficient and effective at registering eligible voters, keeping registration records accurate, and registering only U.S. citizens to vote. In Partial AVR systems––sometimes called “front-end AVR” –– the voter is given an opportunity to opt-out of being registered at the time of the relevant agency transaction. Partial AVR is an improvement over traditional registration systems but is relatively less efficient than Secure AVR.	State does not have automatic voter registration	0
	State has partial (front-end) automatic voter registration	0.5
	State has secure (back-end) automatic voter registration	1
Negative Law: Voter Roll Purges Based Soley on Infrequent Voting
Definition	Level of state law	Corresponding point value
Voter lists are an important component of a well-functioning election administration system. To maintain the accuracy of their lists, states utilize a number of methods, such as removing voters who have moved or died. However, some states utilize more aggressive tactics which can result in unwarranted removal from registration lists, including removal from registration lists based solely on a voter’s inactivity in recent elections. This practice results in the erroneous removal of hundreds of thousands of voters each year and has a disproportionate impact on voters from historically underrepresented backgrounds.	State initiates removal from registration list based solely on voter's inactivity	-1
	State does not initiate removal from registration list based solely on voter's inactivity	0
Negative Law: State has a proof of citizenship requirement for registration
Definition	Level of state law	Corresponding point value
	State has a proof of citizenship requirement for registration	-1
	State does not have a proof of citizenship requirement for registration	0
Online Voter Registration
Definition	Level of state law	Corresponding point value
Online voter registration is a policy that improves the voter registration process by allowing voters to fill out and submit registration forms electronically through systems set up by their state. In most states, these systems work in tandem with information from driver’s licenses or other state-issued IDs. Online voter registration can increase the convenience, accuracy, and efficiency of our election systems.	State does not allow online voter registration	0
	State allows online voter registration	1
Registration Deadlines
Definition	Level of state law	Corresponding point value
While every state determines their own registration deadline, the National Voter Registration Act (NVRA) (1993) does not allow states to set a deadline more than 30 days before an election. Deadlines vary from up to 30 days in some states, while other states allow registration through Election Day. Allowing Election Day registration increases access for voters and arguably boosts voter turnout.	State registration deadline is between 16-30 days prior to Election Day	0
	State registration deadline is between 1-15 days prior to Election Day	0.5
	State allows Election Day registration	1
Membership in Electronic Registration Information Center (ERIC)
Definition	Level of state law	Corresponding point value
The Electronic Registration Information Center (ERIC) is a non-profit organization created in 2012 to assist states in improving the accuracy of their voter rolls. ERIC helps states modernize their voter registration systems and increase efficiency and security. Member states submit their data to ERIC which then allows the states to see if voters have moved within or out of state, identify duplicate registrations and remove ineligible voters.	State is not a member of ERIC	0
	State is a member of ERIC	1
Negative Law: Restrictions on Voter Registration Drives
Definition	Level of state law	Corresponding point value
3rd party voter registration drives are often non-partisan, community efforts that encourage and assist people in registering to vote. While almost all states allow voter registration drives, some ban them entirely, and a number of states have implemented restrictions that operate to unduly burden these efforts. Such restrictions include requiring groups to register and or complete (often burdensome) training through the state as well as implementing deadlines which require completed applications to be returned before the general registration deadline.	State does not restrict voter registration drives	0
	State restricts voter registration drives	-0.5
	State does not allow voter registration drives	-1
Voter Preregistration
Definition	Level of state law	Corresponding point value
Preregistration is a policy that allows eligible people as young as 16 to sign up to be registered to vote once they turn 18. Most states that allow preregistration will add applicants to voter lists under a pending status, which is then updated to active when the voter turns 18. Preregistration increases turnout and engagement for young voters, who are historically the least likely to exercise their right to vote.	State allows preregistration only within six months or less of 18th birthday	0
	State does not set specific age but allows preregistration if individual will turn 18 by the next election	0.25
	State allows preregistration beginning at 17	0.5
	State allows preregistration beginning at 16	1
Voter Registration Total		5

Representation and Participation Laws and Policies

Representation and Participation encompasses both policy and data points related to the electorate, such as registration and turnout rate, as well as tracking state primary election systems and voting rights for formerly incarcerated people.

Direct Citizen Initiative Process
Definition	Level of state law	Corresponding point value
The initiative process is a tool through which citizens can propose statutes or constitutional amendments to be put on the ballot in their state. Often referred to generally as ballot measures, the initiative process can be direct or indirect depending on the state. Direct citizen initiatives are put onto the ballot without involvement from the state legislature if they meet certain qualifications, usually related to signature gathering and subject matter, as well as various deadlines. Indirect citizen initiatives are submitted to the state legislature, which can then approve the measure without it going to the ballot, not adopt the measure, or even submit a competing measure. This map tracks states that have direct citizen initiative processes.	State has a direct citizen initiative process	1
	State does not have a direct citizen initiative process	0
Native American Voting Protections
Definition	Level of state law	Corresponding point value
Native Americans often face additional obstacles to voting, due to geographic challenges, lack of access to mail and government services, and a history of voter suppression, among other factors. A small number of states have implemented laws specifically designed to address these obstacles.	State has no applicable law	0
	State has enacted voting protections for Native Americans	1
Partisanship of State Primary Election Systems
Definition	Level of state law	Corresponding point value
State primary elections determine the candidates that will be on the ballot for the general election. States primary election systems vary widely, with some elections only open to voters registered with a particular party, while other states allow non-affiliated voters to participate as well. While most state primary systems are partisan, a few states have adopted nonpartisan primaries, in which voters cast a ballot in a single primary with all candidates on the same ballot. The top two or four candidates, depending on the state, then advance to the general election.	State primary system is completely closed to Independent voters	0
	State primary system is open to Independents	0.75
	State primary system is nonpartisan	1
	State primary system is semi-open	0.5
	State primary system is semi-closed	0.25
Voter Registration Rates
Definition	Level of state law	Corresponding point value
MAP relied on research and data from the MIT Election Data + Science Lab’s Election Performance Index for this map and the information below. Please note the most current data is drawn from the 2020 election.	Voter registration rate in 2020 below 85%	0
	Voter registration rate in 2020 above 85%	0.5
	Voter registration rate in 2020 above 89%	1
Voter Turnout Percentage
Definition	Level of state law	Corresponding point value
Voter turnout is an important measure of the participation in and access to elections within a given state. MAP relied on research and data from the U.S. Election Project for this map.	Bottom 10 Turnout Rate in 2024	0
	#31-40 Turnout Rate in 2024	0.25
	#21-30 Turnout Rate in 2024	0.5
	#11-20 Turnout Rate in 2024	0.75
	Top 10 Highest Turnout Rate in 2024	1
Voting Rights for Formerly Incarcerated People
Definition	Level of state law	Corresponding point value
Every state has laws outlining who is eligible to vote, and almost all states restrict voting for those who are currently incarcerated for a felony offense—though a few states allow citizens to vote while incarcerated. States differ on when and how formerly incarcerated people can have their voting rights restored.	Additional action is required following completion of sentence to restore voting rights	-1
	Voting rights are automatically restored upon release	0.5
	Voting rights are lost until full completion of sentence, including probation and parole, then automatically restored	-0.5
	Voting rights are never lost	1
Representation & Participation Total		6

Voting In Person Laws and Policies

Many voters still cast their ballot at a traditional polling place. The availability of early voting, restrictive voter ID requirements, and provisional ballot policies all have an impact on a voter’s ability to access the ballot.

Curbside Voting for Voters with Disabilities
Definition	Level of state law	Corresponding point value
The initiative process is a tool through which citizens can propose statutes or constitutional amendments to be put on the ballot in their state. Often referred to generally as ballot measures, the initiative process can be direct or indirect depending on the state. Direct citizen initiatives are put onto the ballot without involvement from the state legislature if they meet certain qualifications, usually related to signature gathering and subject matter, as well as various deadlines. Indirect citizen initiatives are submitted to the state legislature, which can then approve the measure without it going to the ballot, not adopt the measure, or even submit a competing measure. This map tracks states that have direct citizen initiative processes.	State does not allow curbside voting for disabled voters or has no applicable law	0
	State requires or allows curbside voting for disabled voters	1
Election Day Holidays and Paid Time Off to Vote
Definition	Level of state law	Corresponding point value
A common barrier for voters casting their ballots in-person or returning absentee ballots is getting time away from their jobs. There is no federal law that requires voters be provided time off to cast their ballot, so that policy choice is left up to the states. Policymakers have taken two approaches to solve this issue: making Election Day a public holiday or requiring employers to provide paid time off for voting.	State does not have Election Day as a public holiday and does not require employers to provide paid time off to vote	0
	State has Election Day as a public holiday OR requires employers to provide paid time off to vote	0.5
	State has Election Day as a public holiday AND requires employers to provide paid time off to vote	1
Adequate Early Voting Period
Definition	Level of state law	Corresponding point value
Almost all states offer some form of early voting, but the length of the early voting period varies by state. Our scoring includes states that offer “in-person absentee voting,” which is a process by which a voter completes an absentee ballot at a polling place. States that offer in-person absentee voting but require an excuse to vote absentee have been scored 0. Hours and locations may vary by county. These laws are applicable to general elections only.	State does not offer early voting or requires an excuse to vote early	-1
	State early voting period is less than 7 days	0.25
	State early voting period is 7 to 14 days	0.5
	State early voting period is 15 to 21 days	0.75
	State early voting period is more than 22 days	1
Negative Law: Voting Wait Time and Line Length
Definition	Level of state law	Corresponding point value
Following the 2012 presidential election, where many voters reported long wait times to vote, President Obama created a bipartisan commission to study problems with polling place wait times. While wait times have improved in many jurisdictions since that time, some voters still face unreasonable delays to cast their vote. MAP relied on research and data from the MIT Election Data + Science Lab’s Election Performance Index for this map and the information below. Please note the most current data is drawn from the 2020 election.	Average voting wait time in 2020 over 11.6 minutes	-1
	Average voting wait time in 2020 under 11.6 minutes	0
Provisional Ballot Availability & Counting Procedures
Definition	Level of state law	Corresponding point value
Provisional ballots are a backup voting method intended to allow voters who cannot establish their eligibility at the polling place to cast their ballot and have it counted. Provisional ballots are required under the federal Help America Vote Act passed in 2002. Certain states were initially exempted from HAVA’s requirements, and of those states, Idaho, Minnesota, New Hampshire, and North Dakota currently do not issue provisional ballots. This map tracks state policies on how provisional ballots are counted when a voter casts their ballot in the wrong precinct. Some states will partially count the votes cast on a ballot for statewide offices, while other states will fully count all votes.	State does not count provisional ballots cast in the wrong precinct or does not issue provisional ballots	0
	State partially counts provisional ballots cast in the wrong precinct (votes are counted for races in which the voter would have been eligible to cast a ballot for in their correct precinct)	0.5
	State fully counts provisional ballots cast in the wrong precinct	1
Availability of Vote Centers (county wide polling places)
Definition	Level of state law	Corresponding point value
Vote centers are an alternative to the traditional precinct-based polling place model which allows voters to cast their ballot anywhere in the county in which they are eligible. Some states require vote centers while others allow counties the choice of whether to utilize them. In addition to convenience, vote centers can reduce costs and potentially increase turnout. These laws apply to Election Day voting for general elections only. Other states may allow vote centers during early voting or smaller elections.	State does not allow vote centers or has no applicable law	0
	State requires or allows the use of vote centers	1
Voter Identification Requirements for In-Person Voting
Definition	Level of state law	Corresponding point value
In a majority of states, voters show some form of identification when casting their ballot in-person. States that do not require some form of ID typically ask for a signature or other identifying information to confirm the voter’s eligibility. Our scoring gives negative points to states that have unnecessarily strict identification requirements or procedures in place that create barriers for eligible voters who may not be able to obtain a specific form of required ID. These overly strict procedures usually require very limited forms of ID and/or burdensome additional steps to be taken by the voter after Election Day to ensure their vote is counted. These laws do not apply to mail/absentee voting, or first-time voters who did not provide ID when registering to vote by mail. For more information please contact your local election official.	Photo ID required and additional steps required for voter to cast a ballot if voter does not have required ID	-1
	Non-photo ID required, and additional steps required for voter to cast a ballot if voter does not have required ID	-0.5
	Photo ID requested but no additional steps required for voter to cast a ballot if voter does not have requested ID	0.5
	Non-photo ID or other identifying information requested, but no additional steps required for voter to cast a ballot if voter does not have requested ID	1
	No ID required, but voter eligibility is verified through other means	1
Voting in Person Total		6

Voting by Mail Laws and Policies

As an increasing number of voters cast their ballots by mail, states that have adopted no-excuse absentee voting and full vote by mail elections allow more opportunities for participation in democracy. Other policies such as the availability of drop boxes also have an impact on voter access.

Curbside Voting for Voters with Disabilities
Definition	Level of state law	Corresponding point value
The initiative process is a tool through which citizens can propose statutes or constitutional amendments to be put on the ballot in their state. Often referred to generally as ballot measures, the initiative process can be direct or indirect depending on the state. Direct citizen initiatives are put onto the ballot without involvement from the state legislature if they meet certain qualifications, usually related to signature gathering and subject matter, as well as various deadlines. Indirect citizen initiatives are submitted to the state legislature, which can then approve the measure without it going to the ballot, not adopt the measure, or even submit a competing measure. This map tracks states that have direct citizen initiative processes.	State does not allow curbside voting for disabled voters or has no applicable law	0
	State requires or allows curbside voting for disabled voters	1
Election Day Holidays and Paid Time Off to Vote
Definition	Level of state law	Corresponding point value
A common barrier for voters casting their ballots in-person or returning absentee ballots is getting time away from their jobs. There is no federal law that requires voters be provided time off to cast their ballot, so that policy choice is left up to the states. Policymakers have taken two approaches to solve this issue: making Election Day a public holiday or requiring employers to provide paid time off for voting.	State does not have Election Day as a public holiday and does not require employers to provide paid time off to vote	0
	State has Election Day as a public holiday OR requires employers to provide paid time off to vote	0.5
	State has Election Day as a public holiday AND requires employers to provide paid time off to vote	1
Adequate Early Voting Period
Definition	Level of state law	Corresponding point value
Almost all states offer some form of early voting, but the length of the early voting period varies by state. Our scoring includes states that offer “in-person absentee voting,” which is a process by which a voter completes an absentee ballot at a polling place. States that offer in-person absentee voting but require an excuse to vote absentee have been scored 0. Hours and locations may vary by county. These laws are applicable to general elections only.	State does not offer early voting or requires an excuse to vote early	-1
	State early voting period is less than 7 days	0.25
	State early voting period is 7 to 14 days	0.5
	State early voting period is 15 to 21 days	0.75
	State early voting period is more than 22 days	1
Negative Law: Voting Wait Time and Line Length
Definition	Level of state law	Corresponding point value
Following the 2012 presidential election, where many voters reported long wait times to vote, President Obama created a bipartisan commission to study problems with polling place wait times. While wait times have improved in many jurisdictions since that time, some voters still face unreasonable delays to cast their vote. MAP relied on research and data from the MIT Election Data + Science Lab’s Election Performance Index for this map and the information below. Please note the most current data is drawn from the 2020 election.	Average voting wait time in 2020 over 11.6 minutes	-1
	Average voting wait time in 2020 under 11.6 minutes	0
Provisional Ballot Availability & Counting Procedures
Definition	Level of state law	Corresponding point value
Provisional ballots are a backup voting method intended to allow voters who cannot establish their eligibility at the polling place to cast their ballot and have it counted. Provisional ballots are required under the federal Help America Vote Act passed in 2002. Certain states were initially exempted from HAVA’s requirements, and of those states, Idaho, Minnesota, New Hampshire, and North Dakota currently do not issue provisional ballots. This map tracks state policies on how provisional ballots are counted when a voter casts their ballot in the wrong precinct. Some states will partially count the votes cast on a ballot for statewide offices, while other states will fully count all votes.	State does not count provisional ballots cast in the wrong precinct or does not issue provisional ballots	0
	State partially counts provisional ballots cast in the wrong precinct (votes are counted for races in which the voter would have been eligible to cast a ballot for in their correct precinct)	0.5
	State fully counts provisional ballots cast in the wrong precinct	1
Availability of Vote Centers (county wide polling places)
Definition	Level of state law	Corresponding point value
Vote centers are an alternative to the traditional precinct-based polling place model which allows voters to cast their ballot anywhere in the county in which they are eligible. Some states require vote centers while others allow counties the choice of whether to utilize them. In addition to convenience, vote centers can reduce costs and potentially increase turnout. These laws apply to Election Day voting for general elections only. Other states may allow vote centers during early voting or smaller elections.	State does not allow vote centers or has no applicable law	0
	State requires or allows the use of vote centers	1
Voter Identification Requirements for In-Person Voting
Definition	Level of state law	Corresponding point value
In a majority of states, voters show some form of identification when casting their ballot in-person. States that do not require some form of ID typically ask for a signature or other identifying information to confirm the voter’s eligibility. Our scoring gives negative points to states that have unnecessarily strict identification requirements or procedures in place that create barriers for eligible voters who may not be able to obtain a specific form of required ID. These overly strict procedures usually require very limited forms of ID and/or burdensome additional steps to be taken by the voter after Election Day to ensure their vote is counted. These laws do not apply to mail/absentee voting, or first-time voters who did not provide ID when registering to vote by mail. For more information please contact your local election official.	Photo ID required and additional steps required for voter to cast a ballot if voter does not have required ID	-1
	Non-photo ID required, and additional steps required for voter to cast a ballot if voter does not have required ID	-0.5
	Photo ID requested but no additional steps required for voter to cast a ballot if voter does not have requested ID	0.5
	Non-photo ID or other identifying information requested, but no additional steps required for voter to cast a ballot if voter does not have requested ID	1
	No ID required, but voter eligibility is verified through other means	1
Voting in Person Total		6

Election Security Laws and Policies

States that prioritize election security employ voting machine systems that include verifiable paper ballots, and also have systems in place for post-election audits to detect and address anomalies, and that can provide independent audits and verify results when election results are challenged.

Ballot & Signature Cure Availability (Opportunity for Voter to Correct Errors)
Definition	Level of state law	Corresponding point value
Many states verify absentee and mail ballots by examining the voter’s signature on the ballot envelope, and voters sometimes make errors or neglect to sign the envelopes. Some states have implemented policies that require the voter be contacted and allowed to correct these mistakes and have their ballot counted once their identity is confirmed.	State does not require that voters be allowed to correct signature discrepancies or other errors with absentee/mail ballots	0
	State requires that voters be allowed to correct signature discrepancies or other errors with absentee/mail ballots	1
Protections Against Election Disinformation
Definition	Level of state law	Corresponding point value
Since the 2020 election and the proliferation of the “Big Lie,” voter confidence in elections has declined sharply and election denialism continues to plague our democracy. In response to these threats, some states have updated their laws to explicitly protect against election related disinformation. Specifically, this type of legislation prohibits the knowing dissemination of false information regarding the time, place and manner of conducting elections, as well as false or misleading information about the qualifications or restrictions related to voter eligibility. These laws generally work by imposing criminal penalties on persons who knowingly violate the disinformation prohibitions, and some states also provide private rights of action for voters to whom the false information is directed, allowing them to seek a court order against the person who communicated the information.	State does not have a law explicitly protecting against election disinformation	0
	State has a law explicitly protecting against election disinformation	1
Ballot Tracking for Mail Voting
Definition	Level of state law	Corresponding point value
In addition to offering the option for voters to apply for absentee ballots online, many states also allow voters to track those ballots online as well. Voters can see where their ballot is in the process and be confident their ballot is secure and will be counted.	State does not have ballot tracking available for all voters statewide	0
	State has ballot tracking available for all voters statewide	1
Absentee/Mail Ballot Verification
Definition	Level of state law	Corresponding point value
States use a variety of methods to verify that absentee and mail ballots were returned by the correct voter. Many states conduct rigorous signature verification processes or match identifying information such as driver’s license numbers, while some states only confirm the ballot is signed or the voter has affirmed their identity.	State does not require signature verification or use other identifying information to verify absentee/mail ballots	0
	State requires signature verification or uses other identifying information to verify absentee/mail ballots	1
Security of Voting Machines (Hand Marked Paper Ballots)
Definition	Level of state law	Corresponding point value
States vary widely in the types of voting machines used for in-person voting. The most secure systems use paper ballots that allow the voter to verify their choices. MAP relied on research and data from Verified Voting for this map and the information below related to voting machines. States with secure voting machines are defined for our scoring as systems utilizing hand marked paper ballots for most voters. States using Ballot Marking Devices (BMDs) for all voters, hybrid BMD/tabulators, or Direct Recording Electronic (DRE) Systems are defined as not secure. “Majority of voters” for our scoring is defined as over 50% of registered voters within a state living in a jurisdiction that uses secure voting machines.	Majority of voters in the state cannot use secure voting machines	0
	Majority of voters in the state can use secure voting machines	1
Post-Election Audits Required
Definition	Level of state law	Corresponding point value
Similar in concept to an independent audit of financial statements, post-election audits are a nonpartisan process that allows states to verify the accuracy and performance of voting equipment and vote counting machines. In effect, a post-election audit is a partial recount of results, checking random samples of paper ballots or records against the results produced by the voting system, to verify that the voting system accurately recorded and counted the votes. While the majority of states require some form of a post-election audit, not all states have such processes in place. Properly conducted, nonpartisan audits provide public confidence in election results and can also act as a safeguard against hacking and foreign interference. Note: In 2020 and 2021, partisan officials hired unqualified individuals to conduct improper ballot reviews in states like Arizona in an effort to undermine trust in state voting systems and election officials. These efforts, which compromised the integrity of both ballots and voting machines, should not be characterized as audits, as they were designed and undertaken for illegitimate purposes.	State does not require a post-election audit	0
	State requires some form of post-election audit	1
Risk-Limiting Audits
Definition	Level of state law	Corresponding point value
Risk Limiting audits are a form of post-election audits that use statistical methods to analyze random samples of ballots and verify the accuracy of election results. In a risk limiting audit, the size of the random ballot sample is increased until there is statistical and objective confidence in the election results. Note: In 2020 and 2021, partisan officials hired unqualified individuals to conduct improper ballot reviews in states like Arizona in an effort to undermine trust in state voting systems and election officials. These efforts, which compromised the integrity of both ballots and voting machines, should not be characterized as audits, as they were designed and undertaken for illegitimate purposes.	State does not conduct risk-limiting audits	0
	State conducts risk-limiting audits	1
Election Security Total		7

Independence and Integrity Laws and Policies

These maps highlight state laws and policies that protect the vote and ensure voters are not disenfranchised. They also ensure that election results are accurate as well as protected from partisan or foreign interference.

Negative Law: Election Officials Face Threats of Undue Criminal Penalties/Fines
Definition	Level of state law	Corresponding point value
Despite the challenges of the COVID pandemic, the 2020 election was conducted safely and securely, and also saw record turnout—thanks in large part to the work of nonpartisan election officials. Despite this success, in 2021 some state legislatures enacted new harsh criminal penalties that threaten election officials with felony charges and heavy fines for minor technical infractions—increasing the potential for targeted intimidation and partisan abuse of election officials.	State has enacted law(s) imposing undue criminal penalties to intimidate election officials	-1
	State has no applicable law	0
Negative Law: State Legislature Interference in Elections
Definition	Level of state law	Corresponding point value
Following the 2020 election, partisan actors sought to undermine the will of the voters and pursue a strategy to overturn election results in several states. In 2021, some state legislatures enacted laws that increase the danger of election subversion by giving the legislatures more power to interfere in election administration.	State legislature has enacted law(s) that allow it to seize power over election administration	-1
	State has no applicable law	0
Efficient Absentee/Mail Ballot Processing
Definition	Level of state law	Corresponding point value
The 2020 election saw a large increase in voters choosing to utilize absentee or mail ballots rather than traditional in-person voting. This increase created logistical issues for election jurisdictions in the ballot counting process, which in turn caused delayed results in some states. One policy states can use to help lessen these delays is allowing absentee and mail ballots to be processed prior to Election Day. This processing does not involve tallying or releasing results ahead of Election Day, but rather taking steps such as verifying voter signatures and opening ballot envelopes that allow counting to be done more quickly.	State does not require or allow absentee/mail ballot processing to begin prior to Election Day	0
	State requires or allows absentee/mail ballot processing to begin prior to Election Day	1
Guns in Polling Places
Definition	Level of state law	Corresponding point value
The 2020 election cycle saw an alarming increase in reports of intimidation against voters and election officials. Currently, no federal law prohibits the possession of firearms in polling places, and therefore this policy choice is left to the states. Unfortunately, the majority of states have no clear prohibition on bringing guns into polling places.	State has no clear prohibition on possession of guns in polling places	0
	State has a partial prohibition on guns in polling places	0.5
	State has a total prohibition on guns in polling places	1
State Voting Rights Acts
Definition	Level of state law	Corresponding point value
In the absence of the preclearance requirements struck from the federal Voting Rights Act by the Supreme Court in 2013, a small number of states have enacted state-level voting rights acts which seek to achieve similar goals to the federal law. These policies work by requiring local jurisdictions to receive permission from state authorities before changing voting procedures, and by prohibiting racial discrimination in election administration.	State has no applicable law	0
	State has enacted a state voting rights act	1
"Voter Intent" Laws to Standardize Ballot Interpretation
Definition	Level of state law	Corresponding point value
Almost every state has some form of a “voter intent” law or policy, which operates to guide election officials in determining a voter’s choices on their ballot. These policies help in situations where the voter’s marks on a ballot are unclear or there are stray markings, and allow voter’s ballots to be counted rather than disqualified	State does not have a voter intent law or policy	0
	State has a clear voter intent law or policy	0.5
Independence of State Congressional Redistricting
Definition	Level of state law	Corresponding point value
The increasing prevalence of partisan gerrymandering has led to a landscape of legislative maps where many lawmakers choose their voters, rather than the voter choosing their lawmaker as intended. Some states have enacted policies to prevent gerrymandering by requiring legislative maps to be drawn by independent commissions rather than the legislatures themselves. This map tracks policies that govern congressional redistricting processes within the states.	State legislature draws congressional maps	0
	State has an advisory commission for congressional redistricting process	0.25
	State has a political appointee commission for congressional redistricting process	0.5
	State has a hybrid citizen/legislative commission for congressional redistricting process	0.75
	State has an independent commission for congressional redistricting process	1
Nonpartisan Election Observation Policies
Definition	Level of state law	Corresponding point value
During the 2020 election, partisan poll watchers and challengers within the states caused problems by intimidating voters and in some cases threatening to disrupt election processes. While most states allow the use of partisan poll watchers, a number of states also have policies that allow nonpartisan election observers such as academics or the media to witness various parts of the state’s election processes. These policies promote election integrity while also avoiding the risk of voter intimidation that can sometimes result from the use of partisan poll watchers.	State does not explicitly allow nonpartisan observers access to some or all parts of election process	0
	State allows nonpartisan observers access to some or all parts of election process	1
Negative Law: Bans on Private Funding of Election Offices
Definition	Level of state law	Corresponding point value
During the 2020 election cycle, amid the COVID-19 pandemic, private philanthropists recognized a need for additional funding for election offices. These grants were available to any election jurisdiction, and over 2500 individual offices received additional funding to increase their staffing, training, and available equipment and conduct safe elections despite COVID-19. In 2021, several Republican states have enacted bans on these types of grants, while not recognizing or addressing the gaps in funding that led to the need for the grants in 2020	State bans private grant funding for election administration	-1
	State does not ban private grant funding for election administration	0
Laws Protecting Election Officials Against Threats
Definition	Level of state law	Corresponding point value
Beginning during the 2020 election cycle, state and local election officials have been the targets of an alarming increase in violent threats and harassment. Much of this rise can be linked to the proliferation of unfounded claims of voter fraud and rigged elections. As a result, some states have put in place new laws that seek to explicitly protect the election officials who protect our democracy. These additional protections may include increased criminal penalties for threatening or harassing officials, interfering with officials in the performance of their duties, or allowing officials to have their personal information exempted from public records. Note: Generally applicable state laws may already be in place that can be used to protect election officials and prosecute perpetrators of threats or intimidation. This map is intended to track new state laws explicitly intended to protect election officials in response to the recent increase in threats and harassment.	State has a law protecting election officials against threats	1
	State has not passed a law explicitly protecting election officials against threats	0
Election Independence Total		6.5

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	Sexual Orientation Score	Gender Identity Score	Overall Score
High (75-100% of total points possible)	17.25+	19.5+	36.75+
Medium (50-74.9% of total points possible)	11.5 to 17	13 to 19.25	24.5 to 36.5
Fair (25-49.9% of total points possible)	5.75 to 11.25	6 to 12.75	12.25 to 24.25
Low (0-24.9% of total points possible)	0 to 5.5	0 to 5.75	0 to 12
Negative (<0 points)	<0	<0	<0
Total points possible	23	26	49

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner’s child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	0
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	1	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	1	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition (Tallies for Sexual Orientation and Gender Identity)	7		1.5
Relationship and Parental Recognition Total	8.5

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner's child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	1
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	0.5
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition Subtotals (Tallies for Sexual Orientation and Gender Identity)	7		1
Relationship and Parental Recognition Total	8

Employment Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Employment nondiscrimination laws protect LGBTQ people from being unfairly fired, not hired, or discriminated against in the workplace by private employers. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from discrimination by private employers. No points are awarded for state policies or local laws that only protect government/public employees.	No state law prohibiting employment discrimination based on sexual orientation, and <25% of state population is protected from discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting employment discrimination based on gender identity, and <25% of state population is protected from discrimination based on gender identity through local ordinances.	0
	No state law prohibiting employment discrimination based on sexual orientation, but 25-49% of state population is protected from discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting employment discrimination based on gender identity, but 25-49% of state population is protected from discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting employment discrimination based on sexual orientation, but 50-99% of state population is protected from discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting employment discrimination based on gender identity, but 50-99% of state population is protected from discrimination based on gender identity through local ordinances.	0.5
	State employment nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State employment nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits employment discrimination based on sexual orientation.	1	State law explicitly prohibits employment discrimination based on gender identity.	1
Housing Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Housing nondiscrimination laws protect LGBTQ people from being unfairly evicted, denied housing, or refused the ability to rent or buy housing. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from housing discrimination.	No state law prohibiting housing discrimination based on sexual orientation, and <25% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting housing discrimination based on gender identity, and <25% of state population is protected from housing discrimination based on gender identity through local ordinances.	0
	No state law prohibiting housing discrimination based on sexual orientation, but 25-49% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting housing discrimination based on gender identity, but 25-49% of state population is protected from housing discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting housing discrimination based on sexual orientation, but 50-99% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting housing discrimination based on gender identity, but 50-99% of state population is protected from housing discrimination based on gender identity through local ordinances.	0.5
	State housing nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State housing nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits housing discrimination based on sexual orientation.	1	State law explicitly prohibits housing discrimination based on gender identity.	1
Public Accommodations Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Public accommodation nondiscrimination laws protect LGBTQ people from being unfairly refused service from or entry to places accessible to the general public. Public accommodations laws generally cover anywhere someone is when they are not at home, work, or school, including retail stores, restaurants, parks, hotels, doctors’ offices, and banks. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from public accommodation discrimination.	No state law prohibiting public accommodation discrimination based on sexual orientation, and <25% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting public accommodation discrimination based on gender identity, and <25% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0
	No state law prohibiting public accommodation discrimination based on sexual orientation, but 25-49% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting public accommodation discrimination based on gender identity, but 25-49% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting public accommodation discrimination based on sexual orientation, but 50-99% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting public accommodation discrimination based on gender identity, but 50-99% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0.5
	State public accommodations nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State public accommodations nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits public accommodation discrimination based on sexual orientation.	1	State law explicitly prohibits public accommodation discrimination based on gender identity.	1
Credit and Lending Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Credit and lending nondiscrimination laws protect LGBTQ people from being unfairly denied credit and lending services. Local nondiscrimination ordinances typically do not apply to credit and lending practices, so the 0.25 and 0.5 scoring options seen in the employment, housing, or public accommodations nondiscrimination policies are not applicable here.	No state law prohibiting credit and lending discrimination based on sexual orientation.	0	No state law prohibiting credit and lending discrimination based on gender identity.	0
	State credit nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State credit nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits credit and lending discrimination based on sexual orientation.	1	State law explicitly prohibits credit and lending discrimination based on gender identity.	1
Nondiscrimination Policies for State Employees	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Nondiscrimination policies for state employees prohibit discrimination against state employees on the basis of sexual orientation and/or gender identity.	No state policy prohibiting discrimination in public employment based on sexual orientation.	0	No state policy prohibiting discrimination in public employment based on gender identity.	0
	State law or policy explicitly prohibits discrimination against public employees based on sexual orientation.	0.5	State law or policy explicitly prohibits discrimination against public employees based on gender identity.	0.5
Negative Law: State Bans Cities and Counties from Passing Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
So-called “Commerce Protection Acts,” or preemption laws, prohibit cities and counties from extending local nondiscrimination protections to classes not included in state law. They also render existing local nondiscrimination ordinances unenforceable if they extend protection to these classes. These laws have been used to prevent cities and counties from protecting LGBTQ people from discrimination, and to nullify local ordinances which extend these protections.	State does not ban cities and counties from passing nondiscrimination protections based on sexual orientation.	0	State does not ban cities and counties from passing nondiscrimination protections based on gender identity.	0
	State law bans cities and counties from passing nondiscrimination protections based on sexual orientation.	-1	State law bans cities and counties from passing nondiscrimination protections based on gender identity.	-1
Negative Law: State Bans Transgender People from Using Publicly-Owned Bathrooms and Facilities According to their Gender Identity	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws prohibit transgender people from using bathrooms and facilities—such as locker rooms, shower rooms, changing rooms, and other sex-segregated spaces—according to their gender identity in certain circumstances or places. All of these policies apply to K-12 school settings, and some apply even more broadly to other government-owned buildings and spaces. This can include bathrooms and facilities in government buildings (e.g., city hall, courthouses, state legislative buildings, and more), colleges or universities, jails or prisons, and even in some cases airports, public parks, and much more. Please note that these bans do not apply to, for example, private businesses or other non-government-owned spaces, though these spaces may have their own discriminatory policies.			No bathroom ban, or no bathroom ban applying beyond K-12 settings. Note that a K-12 bathroom ban may still apply; see LGBTQ youth category.	0
			State bans transgender people from using bathrooms and facilities consistent with their gender identity in K-12 schools and at least some government-owned buildings (e.g., public colleges/universities, prisons or jails, etc).	-0.5
			State bans transgender people from using bathrooms and facilities consistent with their gender identity in all government-owned buildings and spaces, including K-12 schools, colleges, and more.	-1
Negative Law: State Explicitly Regulates Gender by Defining "Sex" Throughout State Law	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws explicitly regulate gender by defining “sex” throughout all state law to effectively allow discrimination against transgender and nonbinary people. These laws regulate gender and define sex as only male or female, typically based on a person’s presumed reproductive anatomy, chromosomes, hormones, or other physical characteristics at birth. These laws also define sex as a permanent category, implying that transgender people’s gender identity would never be legally recognized under state law. They may also have dangerous implications for transgender people when it comes to bathrooms, identity documents, and other areas of law or policy.			State has no law or executive order regulating gender by defining "sex" throughout state law	0
			State law regulates gender by defining "sex" throughout state law	-1
Nondiscrimination (Tallies for Sexual Orientation and Gender Identity)	4.5		4.5
Nondiscrimination Total	9

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner's child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	1
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	0.5
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition Subtotals (Tallies for Sexual Orientation and Gender Identity)	7		1
Relationship and Parental Recognition Total	8

Democracy Methodology

Methodology

Scoring Table

Description of Laws and Policies

Voter Registration Laws and Policies

Voter Registration Total

5

Representation and Participation Laws and Policies

Representation & Participation Total

6

Voting In Person Laws and Policies

Voting in Person Total

6

Voting by Mail Laws and Policies

Voting in Person Total

6

Election Security Laws and Policies

Election Security Total

7

Independence and Integrity Laws and Policies

Election Independence Total

6.5

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Democracy

LGBTQ Equality

Policy & Issue Analysis

Messaging

MAP in the Media

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LGBTQ Equality Maps Methodology

Methodology

Scoring Table

Key Definitions

Description of Laws and Policies

Relationship and Parental Recognition Laws and Policies

Relationship and Parental Recognition (Tallies for Sexual Orientation and Gender Identity)

7

1.5

Relationship and Parental Recognition Total

8.5

Nondiscrimination Laws and Policies

Nondiscrimination (Tallies for Sexual Orientation and Gender Identity)

4.5

4.5

Nondiscrimination Total

9

Religious Exemptions Laws and Policies

Religious Exemptions (Tallies for Sexual Orientation and Gender Identity)

-3.5

-2.5

Religious Exemptions Total

-6

LGBTQ Youth Laws and Policies

LGBTQ Youth (Tallies for Sexual Orientation and Gender Identity)

5

4

LGBTQ Youth Total

9

Health Care Laws and Policies

Health Care (Tallies for Sexual Orientation and Gender Identity)

4

9

Health Care Total

13

Criminal Justice Laws and Policies

Criminal Justice (Tallies for Sexual Orientation and Gender Identity)

3

3

Criminal Justice Total

6

Identity Documents Laws and Policies

Identity Documents (Tallies for Sexual Orientation and Gender Identity)

0

4

Identity Documents Total

4

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