Voter Laws to Increase Turnout

We hear about laws to suppress voter turnout, but now lets look at laws to increase turnout.

An encouraging number of states have taken steps to provide voters more access to the ballot box.  At least 237 bills were introduced in 46 states to increase access.

A new influx of bills to enhance voter access drew support on both sides of the aisle.

Voting Laws Passed in 2013 to Expand Voter Participation

Colorado
•Broad-based modernization of voter registration process, including, among other elements, Election Day registration and portable registration.
•Preregistration of eligible 16 and 17 year-old citizens.

Delaware
•Constitutional amendment expanding opportunities for people with criminal convictions to regain their right to vote.

Florida
•Expansion of early voting opportunities.

Illinois
•Online voter registration.

Maryland
•Expansion of early voting, same-day registration during early voting, study methods to reduce long lines at the polls.

New Hampshire
•Existing photo ID law made less restrictive.  Although the New Hampshire bill is not expansive with respect to current law, it eases certain requirements that had not yet been implemented, but would have gone into effect September 2013 under a restrictive photo voter ID law passed by the legislature in 2011.

New Mexico
•Automation of voter registration at the DMV office.

Oklahoma
•Existing photo ID law made less restrictive.

Virginia
•Online voter registration.

West Virginia
•Online voter registration.

Summary of Introduced and Pending Legislation to Expand Access to Voting

•Identification Laws: At least 11 states introduced bills that would relax existing voter ID or proof of citizenship laws (Alabama, Indiana, Kansas, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Wisconsin).

•Modernizing Voter Registration: At least 26 states introduced bills that would modernize the voter registration system, in whole or in part, and make it easier for eligible citizens to register (Alabama, Alaska, Arizona, Colorado, Delaware, Florida, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia.  As of December 18, 2013, bills remain active in Massachusetts).

◦Broad-based modernization: At least four states introduced wide-ranging legislation to modernize the voter registration process using a combination of technology and fail-safe protections (Colorado, Massachusetts, Nevada, New York). As of December 18, 2013, a bill remains active in Massachusetts).

◦Automation: At least six states introduced legislation that would introduce or expand automation of the voter registration process at government agencies (Florida, Hawaii, New Mexico, Oregon, Texas, West Virginia).

◦Online registration: At least 13 states introduced bills that would establish or enhance the use of online registration systems (Florida, Illinois, Massachusetts, Michigan, Montana, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia, West Virginia.  As of December 18, 2013, bills are still active in Massachusetts and Pennsylvania).

◦Same day registration: At least 19 states introduced bills that would allow voters to register on the same day they vote (Alabama, Alaska, Arizona, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Mexico, New York, North Carolina, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia.  As of December 18, 2013, a bill remains active in Massachusetts).

◦Portability: At least four states introduced bills that would allow a voter’s registration to move with them when they moves to a new address in the state (Florida, Massachusetts, New York, Oregon.  As of December 18, 2013, a bill remains active in Massachusetts).

•More early voting opportunities: At least states introduced bills that would newly introduce, or expand, opportunities for early in person voting (Connecticut, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia.  As of December 18, 2013, bills remain active in Massachusetts, New York, and South Carolina.

•Restoring voting rights: At least 14 states introduced bills that would expand opportunities for those with criminal convictions to regain their right to vote.  In Virginia, Governor Robert McDonnell issued an executive order automatically restoring the right to vote upon completion of sentence for those with past non-violent criminal convictions (California, Delaware, Florida, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, New Jersey, New Mexico, New York, Tennessee, Virginia, Wyoming).

•Pre-registering students to vote: At least 13 states introduced bills that would allow students under the age of 18 to pre-register, so that upon turning 18 they are registered to vote (California, Colorado, Connecticut, Hawaii, Iowa, Massachusetts, Michigan, Nebraska, New York, Ohio, Oregon, Texas, Washington. As of December 18, 2013, bills remain active in Massachusetts and New York).

•Reducing long lines: At least four states introduced bills that aim to reduce waiting times by requiring, or assessing, the implementation of minimum standards for efficient polling place administration(Arizona, Connecticut, Maryland, Virginia).

Looking to 2014

States are already beginning to file bills in preparation for the 2014 legislative session.

At least four states have introduced voting laws:

Florida
Two bills have been introduced that would make it easier for eligible citizens to register to vote.

Kentucky
Three bills have been pre-filed that would restore voting rights to persons with past criminal convictions.

Missouri
Three bills have been pre-filed that would require voters to show photo ID at the polls.

Virginia
A bill that would restore voting rights was also pre-filed in Virginia.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Voter Empowerment Act of 2013 (H.R. 12)

The Voter Empowerment Act, was introduced in the House, by Reps. John Lewis, Steny Hoyer, James Clyburn, John Conyers, Robert Brady, and in the Senate by Sen. Kirsten Gillibrand.

It aims to increase accessibility, accountability and integrity in the electoral process. The bill would modernize voter registration:

The nation’s broken voter registration system is a chief cause of long lines and Election Day chaos. Many states rely on a blizzard of paper records that are rife with error while leaving out eligible voters. The proposal to modernize voting would harness proven technology to ensure that every eligible voter is permanently registered. The move would add 50 million to the rolls, cost less, and curb the potential for fraud. Already 39 states have implemented important elements of the plan.

by facilitating secure ways to take advantage of existing technology. This includes automatic, online or same day voter registration, as well as simplifying the registration process for members of the military serving overseas.

The bill would also improve the electoral process by decreasing barriers to voting. By increasing access for voters with disabilities and prohibiting voter caging:

Voter caging is a tactic that jeopardizes eligible citizens' ability to vote. The process involves efforts to identify and disenfranchise improperly registered voters solely on the basis of an undeliverable mailing. The most common method involves three steps: send mail to addresses on the voter rolls, compile a list of the mail that is returned undelivered, and use that list to purge or challenge voters’ registrations on the grounds that the voters on the list do not legally reside at their registered addresses. Supporters of voter caging defend the practice as a means of preventing votes cast by ineligible voters. Voter caging, however, is notoriously unreliable. If it is treated as the sole basis for determining that a voter is ineligible or does not live at the address at which he or she registered, it can lead to the unwarranted purge or challenge of eligible voters.

and deceptive practices, the Voter Empowerment Act will help to remove practices that interfere with a person’s right to cast a ballot. In addition, the bill will require better training of poll staff and promote a nonpartisan approach to election administration. The bill also restores voting rights to people with criminal convictions in federal elections, incorporating the provisions of the Democracy Restoration Act.

To ensure the accountability of the procedures we use in our process, the Voter Empowerment Act calls for the establishment of a national voter hotline available for people to call with voting problems and increased standards for voting machines.

CLICK HERE to view a Fact Sheet about the bill.

CLICK HERE to view a section-by-section review of the bill.

Forty-eight years ago, Rep. John Lewis marched alongside Dr. Martin Luther King Jr. to demand voting rights for African Americans. The Civil Rights Movement has come a long way since 1965 – but sadly, too often we find ourselves fighting discriminatory laws to keep people from exercising their constitutional right to vote.

It is time for Congress to pass the Voter Empowerment Act that Rep. Lewis introduced in the House and en. Kirsten Gillibrand introduced in the Senate. This bill will modernize our outdated registration system, decrease new and old barriers to voting and standardize our voting procedures to restore voter accountability and integrity.

We must move Congress to action.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Voter Empowerment Act of 2013 (H.R. 12)

The Voter Empowerment Act of 2013 (H.R. 12) aims to bring an antiquated voter registration system into the 21st century, ensure equal access to the ballot box for all Americans, and prohibit deceptive practices that keep people from exercising their constitutional right to vote.

The Voter Empowerment Act, introduced by Reps. John Lewis, Steny Hoyer, James Clyburn, John Conyers, Robert Brady, and Sen. Kirsten Gillibrand, aims to increase accessibility, accountability and integrity in the electoral process. The bill would modernize voter registration by facilitating secure ways to take advantage of existing technology. This may include automatic, online or same day voter registration, as well as simplifying the registration process for members of the military serving overseas.

The bill would also improve the electoral process by decreasing barriers to voting. By increasing access for voters with disabilities and prohibiting voter caging and deceptive practices, the Voter Empowerment Act will help to remove practices that interfere with a person’s right to cast a ballot. In addition, the bill will require better training of poll staff and promote a nonpartisan approach to election administration. The bill also restores voting rights to people with criminal convictions in federal elections, incorporating the provisions of the Democracy Restoration Act.

To ensure the accountability of the procedures we use in our process, the Voter Empowerment Act calls for the establishment of a national voter hotline available for people to call with voting problems and increased standards for voting machines.

H.R. 12 would:

Amend the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration.

Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age.

Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration.

Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information.

Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone).

Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities.

Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission.

Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation.

Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action.

Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote.

Voter Confidence and Increased Accessibility Act of 2013 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record.

Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved.

Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy.

Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes.

Prescribes laboratory conflict-of-interest requirements and prohibitions.

Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software.

Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots.

Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication.

Prohibits certification of the results of any election until completion of audits.

Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail.

Amends the Service Members Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel.

Amends the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) with respect to pre-election reports on availability and transmission of absentee ballots.

Revises the 45-day absentee ballot transmission rule.

Permits use of a single absentee ballot application for subsequent elections.

Entitles to leave a federal employee who serves as a poll worker.

Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program.

Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements.

Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority.

Amends NVRA to treat universities as voter registration agencies.

Amends HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes.

Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force.

Makes requirements of the National Voter Registration Act of 1993 and HAVA applicable to the Commonwealth of the Northern Mariana Islands.

Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements.

It currently has 167 Co-sponsors and was referred to a subcommittee on 02/04/2013.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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