26 minute read
Equitable Access
States use innovative strategies to ensure voting access for voters with disabilities and military and overseas voters.
By Rachel Wright and Casandra Hockenberry
Nearly two million people with disabilities — about 11% of all voters with a disability — encountered challenges voting in 2020. People with disabilities can face a variety of barriers when trying to cast their ballot. For example, an individual with a print disability (the inability to understand printed information) may be unable to mark and return a paper absentee ballot. Additional barriers can include physically inaccessible polling places, lack of access to a functioning ballot marking device with assistive technologies and limited access to timely election information. While barriers to voting persist for people with disabilities, turnout among this group has increased in recent years. From 2016 to 2020, the voter turnout gap between people with disabilities and people without disabilities decreased slightly from 6.3 percentage points to 5.7 percentage points. Throughout the U.S., state and local leaders have implemented innovative policies and practices to reduce gaps in turnout and expand voting access for people with disabilities.
Approximately 38 million American voters are living with a disability. Disability can impact hearing or vision, mobility, cognition, and/or the ability to live independently. People with disabilities still retain the right to fully participate in all aspects of community life, including the electoral process. The Americans with Disabilities Act requires all polling places to be accessible to voters with disabilities, yet many polling places and vote centers remain physically inaccessible. Common issues include inaccessible parking, sidewalks and walkways in disrepair, steps and narrow doors to entrances and protruding objects in hallways. States are working to correct these issues. Many have come up with programs and resources to make vote centers and the voting experience more accessible for all citizens.
For example, the Registrar-Recorder/County Clerk for Los Angeles County, California, has enhanced the physical accessibility of polling places through the Flex Vote Center Program. This program was established in 2020 with the implementation of the county’s new publicly owned voting system, Voting Solutions for All People. Through the Flex Vote Center Program, the county partnered with local organizations providing supports and services to people with disabilities such as the Disabled Resource Center. Vote centers were set up at these community organizations, eliminating the need for people
Nearly 2 million people with disabilities encountered challenges voting in 2020.
with disabilities to use traditional vote centers or polling places. The program also offered curbside voting, allowing election staff to maintain social distancing while providing a secure, comfortable experience for voters with disabilities.
In Iowa, the secretary of state’s office partnered with Disability Rights Iowa in 2020 to produce and distribute an Accessibility Guide Booklet to election officials throughout the state. These booklets include information on accessible voting equipment, spacing and signage to ensure polling places are accessible for Iowans with disabilities.
EXPANDING ACCESS TO TIMELY ELECTION INFORMATION IN AN ACCESSIBLE FORMAT
Access to timely election information is essential to voting. According to James Dickson, co-chair of the Voting Rights Committee at the National Council on Independent Living, “…most of the information that is available to (voters without disabilities) through the election office on the internet is not accessible to many of us.” States such as Florida have tried to enhance the accessibility of public-facing election information for people with disabilities. Beginning with the 2016 presidential election, the Martin County Elections Center launched the Count Me in Too campaign. This campaign generated a series of educational videos aimed at helping individuals who are deaf and hard of hearing. Count Me in Too campaign videos educate voters on how to register to vote and cast their ballot. This information is presented in multiple formats: American Sign Language, audio voice-over and closedcaptioning text. During the 2016 election, registration and turnout increased among voters with disabilities by 8% in Martin County. Also in 2016, the Washington secretary of state’s office launched MyVote (now known as VoteWA), an accessible and easy to use voter information portal. The system was designed around accessibility best practices such as Web Content Accessibility Guidelines 2.0 AA standards, National Federation of the Blind Mobile Voting Working Group Electronic Ballot Delivery Guidelines and Center for Civic Design guidelines.
Approximately 38 million American voters are living with a disability. From 2016 to 2020, the voter turnout gap between people with disabilities and people without disabilities decreased from 6.3 percentage points to 5.7.
If voters with a disability are unable to arrive at a polling place on Election Day, they must often mark and return a mailed paper ballot in advance. For voters with print disabilities, marking a paper ballot may require help from a roommate, friend or family member, thereby compromising their right to vote privately and independently. To combat this, the West Virginia legislature enacted Senate Bill 94 (2020). This bill helps voters with physical disabilities who are unable to mark a paper ballot without assistance. Senate Bill 94 lets these voters receive, mark and return an absentee ballot by mail or electronically through a safe, accessible and secure portal. As a result, 271 voters with a qualifying disability cast their ballot using the new system during the 2020 general election. Election officials in California recently implemented a remote accessible vote-by-mail system for voters with disabilities. The system allows voters with disabilities to download their ballot and mark their selections using their own compatible technology. Additionally, voters are able to maintain privacy and independence while marking their ballot, despite the presence of a disability. As of 2022, voters are still required to print their selections and mail or drop off their ballot to their local election official. State and local officials continue to find innovative ways to ensure everyone can participate fully in the American election process.
EXPANDING ACCESS FOR MILITARY AND OVERSEAS VOTERS
Since 2013, The Council of State Governments Overseas Voting Initiative has supported the U.S. Department of Defense Federal Voting Assistance Program. The program is designed to help reduce the barriers to voting faced by military and overseas citizens — a federally protected class of voters. A series of laws protect their right to vote: the Uniformed and Overseas Citizens Absentee Voting Act, Military and Overseas Voter Empowerment Act and the Help Americans Vote Act. Among other things, these laws require that in the administration of federal elections, officials mail ballots to military and overseas voters at least 45 days prior to the election, provide some method for voters to track their ballot through the process and provide some methodology for military and overseas citizen voters to receive their blank ballot electronically. According to the Federal Voting Assistance Program, nearly three million U.S. citizens live abroad and are eligible to vote in U.S. elections.
Innovative Elections-related Legislation in the States
A Nebraska Legislative Bill 843 (2022)
allows members of the Nebraska National Guard who are called into active service — either for their state or for the United States — to use a Federal Post Card Application. This application is a federal document that military and overseas citizens can use to register to vote and request an absentee ballot. By extending this protection to members of the National Guard, Nebraska is extending federal safeguards to an individual’s right to vote. While it does strengthen protections, it does not make any major changes to election administration.
A Tennessee House Bill 2488 (2020)
would authorize the election commission of Montgomery County to research and test methods, systems and technologies to enable voting in addition to or other than by mail for members and employees of the United States armed forces and their dependents who are registered to vote in the county but are stationed outside the territorial limits of the United States. Currently, voters registered in Tennessee must return their ballot by mail. If this bill is enacted, the pilot program in Montgomery County, home to many stationed at the U.S. Army Base Fort Campbell, would explore alternate methods of ballot return.
A Michigan Senate Bill 9 (2021)
provides for electronic return of absentee voter ballots by military voters and requires use of United States Department of Defense verified electronic signature for military members to electronically return a voted ballot. The act also requires that electronically submitted ballots must be received by 8 p.m. on Election Day and allows the Michigan secretary of state to develop a secure portal on the secretary of state’s website to facilitate electronic return of voted ballots by eligible members.
A The CSG Overseas Voting Initiative
has done extensive research on Common Access Cards, which host the current iteration of United States Department of Defense verified electronic signatures. A CSG report on these cards, and other resources, can be found at ovi.csg.org/articles. To learn more about the work of the Overseas Voting Initiative and services available to state policymakers, contact Casandra Hockenberry (chockenberry@csg.org). Military and overseas citizens are a small but important subsection of the 256.6 million people who are eligible to vote in the U.S.. States are extremely innovative when it comes to serving these voters. Military and overseas citizen voters often live in austere conditions with limited access to services like computer terminals, printers, postal mail and the internet. In 2020, these voters also experienced global mail service disruptions because of the COVID-19 pandemic, which resulted in constantly changing deadlines and requirements for submitting ballots. State election officials worked tirelessly to keep these voters up to date and to navigate potential pitfalls to access. The pandemic accelerated state policymakers’ thinking about how to leverage existing and emerging technologies to ensure ballot access for voters, regardless of their physical location. These tools are especially important for military and overseas voters, who have long faced barriers to ballot access. As states administer the 2022 federal elections, they should be attentive to how email, web portals, Common Access Cards (i.e. identification cards containing electronically accessible information) and other technologies can enable efficient access to and secure submission of ballots.
Photo By: Sgt. Lynette Hoke, U.S. Army
According to the National Conference of State Legislatures, states introduced 3,676 elections-related bills in 2021. Of those bills, 285 were enacted. This is a consistent passage rate for elections-related bills in odd-numbered years. There were 89 bills related to military and overseas citizen voters, six of which were enacted. These bills have not made major changes to the election administration process for military and overseas citizens.
As state legislatures consider alterations to election administration, it is important that they build in sufficient time for effective implementation. Election officials need time to put new processes in place, create training modules for staff and volunteers and ensure that voters understand the new process. Remote voters, such as military and overseas citizens, need sufficient time to register, request a ballot and securely submit votes using the new process. Election officials often say that it takes approximately two federal election cycles for voters to fully understand a new election process.
CLICK HERE TO LEARN MORE ABOUT THE DANGERS OF DTC SPIRITS SHIPPING
WINE & SPIRITS WHOLESALERS OF AMERICA
Direct-to-Consumer (DTC) spirits shipping increases the likelihood of underage access in your state.
Before you cast your vote, make sure you know the whole story about DTC spirits shipping. Common carriers conduct little to no age verification, and when attempted, verification fails about half the time.
In a study published in the Journal of Pediatrics and Adolescent Medicine, only 12% of online alcohol orders placed by underage purchasers were rejected as a result of age verification and 45% of orders placed by underage purchasers were successfully received. legislation point to a pervasive problem of underage access. In an investigation into online alcohol retailers in Kansas, two shipments were delivered to underage individuals. One box of liquor was even handed to a 7-year-old. And, in Maine, a local retailer testified that a shipment of spirits was handed to his fiveyear-old “with no signature.” The current three-tier system contains checks and balances designed to prevent underage individuals from purchasing alcohol and a regulatory structure that holds violators accountable.
The existing three-tier system prevents underage access through locally licensed businesses that are held accountable in the marketplace.
There is no equivalent accountability in the DTC marketplace.
VISIT WSWA.ORG FOR MORE INFORMATION
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New Law Expands Rhode Island Voter Access
Rhode Island Gov. Dan McKee signed the “Let RI Vote Act” into law, which expands voter access across the state while ensuring election integrity. The legislation improves mail voting by expanding to allow online mail ballot applications and permits any resident to vote by mail or online regardless of the situation. The bill also removes the requirement to provide two witnesses on mail ballots. Voters’ signatures will instead be verified through a four-tiered verification process. The act also enhances the maintenance of voter registrations rolls. It requires the secretary of state to update the voter list at least four times each year, creates a permanent multilingual voter information hotline and reduces the Braille ballot application deadline from 45 days to 21 days before an election. “The Let RI Vote Act makes voting easier, safer, and more secure, and making it easier to give Rhode Islanders a voice in their government should always be our top priority,” McKee said in a statement. “I thank the bill sponsors, legislators, and advocates who saw to it that this bill got across the finish line.”
Abortion Sanctuary Law Passes
New York lawmakers passed several bills that would establish the state as a refuge for anyone seeking access to an abortion, regardless of whether they live there. The comprehensive six-bill package includes legislation on legal protections, unlawful interference, confidentiality and more. In addition, Gov. Kathy Hochul announced a $35 million grant to expand abortion services and provider capacity and ensure the safety of both providers and patients. “Reproductive rights are human rights, and today we are signing landmark legislation to further protect them and all who wish to access them in New York State,” Governor Hochul said.
Vermont’s ARPA Update
Vermont Gov. Phil Scott signed into law Senate Bill 11, which invests $84.5 million, comprised of both state and federal American Rescue Plan Act funds, to provide local businesses with resources to grow and addresses the state’s workforce shortage. Of that funding, investments will be made in several sectors of Vermont’s business and workforce education programs. Included in the act is a $3 million investment to expand regional support at the Department of Labor, $10 million to address health care workforce shortages, $40 million to support community recovery and a revitalization grant program and more. “This bill makes historic investments to help solve some of our state’s biggest challenges. It is an opportunity to change our course for the better, to grow our workforce and support our communities in their continued recovery and revitalization,” said Scott.
The Pennsylvania Department of Education has developed new regulations to increase transparency, equity and accountability in the Charter School Law. The regulations clarify several elements of the states’ law on charter schools and aims to align charter schools with their traditional public-school counterparts. Some of the added appropriations from the department ask the following of charter schools: “Provide clear application requirements for entities seeking to open a charter school, regional charter school, and cyber charter school; Require school districts and charter schools to follow the same fiscal management and auditing standards; and provide a consistent, common-sense method for charter schools to meet the employee health care requirements in state law.”
Cabinet on Aging Established
Maine has the highest median age range in the country, with many residents expected to retire in the coming years. In view of these anticipated losses to the state’s workforce, Gov. Janet Mills signed an executive order establishing a Cabinet on Aging. The cabinet will work to address demographic changes by shaping policies that aid the people of Maine in aging safely and affordably. Bringing together state agencies, the cabinet will also make advancements in how to improve and maintain a healthy workforce. The Cabinet on Aging is led by commissioners from multiple state agencies and co-chaired by the commissioners of Health and Human Services and the Department of Labor. A bipartisan effort, the cabinet is focused on affordable housing and long-term service. Mills made this announcement following a string of other state initiatives to support older residents.
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Voting from Prison
Lawmakers in Illinois have made it possible for more detention facilities to offer in-person voting opportunities to inmates. At present, only two facilities have opened polling locations in the state: Will County Detention Facility and Cook County Jail in Chicago. Illinois Gov. J.B. Pritzker signed a law in 2019 creating a voting precinct in the Cook County Jail, the largest single-site jail in the nation. After seeing the success of voting in the 2020 primary and general elections, activists are calling for expansion of the law. Each location’s polls remain open for five hours each day over one weekend, allowing detainees at both prisons to vote in person at the jail.
$71 Million in Construction Projects Across Wisconsin
The Wisconsin State Building Commission approved $71 million in funding for key projects across the state to address deferred maintenance and begin construction of several projects in state-owned facilities. Some upcoming projects include the design of a new Wisconsin Historical Society Museum, a new University of Wisconsin Engineering Building, safety improvements, expansion of health care resources and more. “These projects are critical for modernizing our state’s infrastructure and helping to make sure our buildings are operating efficiently and safely,” said Gov. Tony Evers. “I’m grateful for the commission’s support for these important projects and look forward to continuing our work supporting and investing in infrastructure across our state.”
COVID-19 Test-to-Treat Sites
Minnesota Gov. Tim Walz announced that three state-run COVID-19 testing sites will soon offer treatments on-site for patients who test positive. Test-totreat locations will allow Minnesotans the ability to receive coronavirus testing and, if necessary, immediately access treatment options, including a prescription for antiviral treatment Paxlovid. With federal assistance, Brooklyn Park, Moorhead and Duluth testing sites were slated to be converted into test-to-treat locations. “Minnesota has been a leader on innovation in COVID-19 testing throughout the pandemic, and this exciting partnership with the federal government is another step to help ensure all Minnesotans can get the COVID-19 testing and care that they need,” said Minnesota Department of Health Commissioner Jan Malcolm.
Diversifying State Parks
Racial disparities in park visitation are prevalent — officials estimate that over 60% of America’s park visitors are white. Parks around the country are trying to change this through initiatives like hiring diverse employees, dedicating historic sites and building new parks in underserved areas. Michigan Gov. Gretchen Whitmer announced the state’s investment in parks across Michigan through The Building Michigan Together plan, including a $30.2 million state park one mile from downtown Flint.
The next CSG Midwest Annual Meeting will be held July 9-12
in Detroit, Michigan. Mark your calendars now! Registration for this meeting — the premier event for state and provincial leaders from the Midwest — will open in early 2023.
School Safety Initiatives
Ohio Gov. Mike DeWine signed House Bill 99, which makes additions to school security measures and includes investments in student safety. The bill, sponsored by state Rep. Thomas Hall, allows the previous practice of permitting local school boards to decide whether they will authorize specific people to carry guns on school grounds. Codified within the bill is a training requirement that includes up to 24 hours of school-specific training and up to eight hours of yearly school-specific requalification, to be developed by the Ohio School Safety Center. Additionally, the bill appropriates $6 million to expand the center and create a new Safety & Crisis division within it. Upon instruction from DeWine, separate from House Bill 99, the center will also expand staffing to include 16 liaisons (up from five) who will be based in the Ohio Department of Education and work with schools to continually implement a comprehensive school safety plan. “Our goal is to continue to help our public and private schools get the tools they need to protect our children,” DeWine said. “Working together, we have come a long way to improve school safety in Ohio over the last decade, and we must continue this progress. We have an obligation to do everything we can every single day to try and protect our kids.”
Support for Incarcerated Mothers
Infants born to incarcerated women in Missouri may soon get to remain with their mothers for up to 18 months under a bipartisan bill recently approved by the General Assembly. Senate Bill 683 directs the Missouri Department of Corrections to establish a nursery within a women’s correctional facility by July 2025. Women who have been convicted of certain crimes would be ineligible to participate in the program, and a woman’s participation could be ended if a court grants custody of the child to another person. To convert one wing to house a seven-bed nursery, the department estimates there would be $247,000 in one-time costs, like supplying toys and equipment, and nearly $900,000 in ongoing costs, including staff time, baby formula and diapers. To support the program’s creation, lawmakers included an additional $495,000 in the Department of Corrections’ budget. The department may also accept donations and grants to fund the nursery. A fiscal analysis of the bill determined that in 2021, 25 women gave birth while in the department’s custody, with an average time served of 3.1 months after delivery. A study that analyzed a similar program in Nebraska from 1994 to 2014 found that women who participated saw a 28% reduction in recidivism, and a 39% reduction in returning to prison, resulting in a savings of more than $6 million. AL / AR / FL / GA / KY / LA / MO / MS / NC / OK / SC / TN / TX / VA / WV
Extending Medicaid Coverage
Kentucky and Florida are among several states that received federal approval to extend Medicaid coverage from 60 days to 12 months after childbirth. This decision comes after a national increase in pregnancy-related chronic illnesses and maternal death rate. According to a report from the Center for Disease Control, “The maternal mortality rate for 2020 was 23.8 deaths per 100,000 live births compared with a rate of 20.1 in 2019. In 2020, the maternal mortality rate for non-Hispanic Black women was 55.3 deaths per 100,000 live births, 2.9 times the rate for non-Hispanic White women.” The Center for Medicaid and Children’s Health Insurance Program Services, which is the largest contributor to pregnancy-related services, covering over 42% of births annually, also released guidance urging state leaders to extend postpartum coverage.
Census Recount
Two years after the 2020 census, many places in the nation say the count did not accurately reflect the actual population numbers. Speculation of a miscount started when data showed that McNab, Arkansas, had lost over half of its residents, resulting in a cut to the city’s revenue-sharing payment. The Census Bureau has already received complaints from Georgia, Arkansas, Mississippi, Tennessee and other states through the Count Question Resolution program. A new plan from the bureau, the Post-Census Group Quarters Review, allows state officials to submit requests for review of their official 2020 Census results and to flag results for institutional settings like colleges and prisons. Census result challenges will be accepted by the bureau through June 2023.
Uvalde Together Resiliency Center
Texas Gov. Greg Abbott announced the opening of a temporary facility for the new Uvalde Together Resiliency Center. The new facility came only a few weeks after the Robb Elementary shooting that took the lives of 21 people. Equipped with services for mental health, education, child care services and more, the center is a hub for those affected by the tragedy. Local, regional and state agencies are working together to provide assistance. Abbott also announced a $5 million investment in a permanent resource center, saying “As the Uvalde community works to piece their lives back together, we must come together as Texans to provide the ongoing, comprehensive support needed to move forward from this terrible tragedy.”
Freedom First Budget
Florida Gov. Ron DeSantis signed the Freedom First Budget for the 2022-23 fiscal year, which details record investments in the state’s education system. The budget totals $109.9 billion, with $29 billion of that dedicated to education resources throughout the state. The budget raises per-student funding to the highest in Florida’s history and commits to raising the minimum base salaries for teachers with an $800 million investment. Another focal point of the budget is $1.24 billion in tax relief for Florida residents, specifically including a gas tax holiday that lowers the price of gas by 25.3 cents. Other key points of the budget include investments in student mental health, school safety, literacy achievement, environmental resources and maintaining historic reserves.
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Colorado Enacts ‘Right to Repair’ Law
Colorado Gov. Jared Polis signed House Bill 22-1031, which grants wheelchair owners access to software, manuals and parts to repair their chairs rather than having to seek help from a manufacturer. Under this law, manufacturers would be cited for unfair trade practices if they refuse to provide materials or comply. This right-torepair law is the first in the nation to pass, leading the charge for independent repairs, waste management and consumers’ rights. At present, the Colorado law only provides clearance on wheelchair repairs, but other right-to-repair bills around the nation include cellphones, tractors and more.
Less Parking, More Housing
A growing national housing shortages and increasing home prices has challenged policymakers to find solutions. According to a study from the Oregon Office of Economic Analyisis, “Oregon has underbuilt housing by 111,000 units in recent decades. Unfortunately, the industry is running into supply side constraints. In general these include the lack of financing, particularly for land acquisition, development, and construction loans, which contributes to the low supply of available land and buildable lots.” Oregon is taking a unique approach, enacting permanent land use rules that would eliminate the minimum parking requirements for homes and businesses to increase housing choices in those areas. Additionally, the proposed rules would require cities to designate climate-friendly areas, encouraging compact eco-friendly communities.
Water Restrictions on the Horizon
Officials are warning Californians of statewide, mandatory cuts to water consumption. In response to an extended drought, the state is trying to assess whether water conservation goals are being met. Earlier this year, the State Water Resources Control Board voted unanimously to implement a ban on watering of non-functional turf for office buildings, schools, hotels and other commercial, industrial and institutional settings. Regulators also ordered water suppliers to start conservation plans that would prepare their service areas for a 20% shortage in water supply.
Workforce Incentive Grant Program
Nevada Gov. Steve Sisolak announced a pilot program, the Workforce Incentive Grant, aimed at making community college and workforce training programs available for free to more students. This announcement comes after Sisolak dedicated $5 million in American Rescue Plan Act funds to spearhead ways to increase access to educational opportunities, like community college or workforce development, making them free to more Nevadans. The program aims to widen eligibility and scholarship for those who would have traditionally been excluded due to age or credit-load requirements. A proposed financial aid grant program for the initiative would build on existing programs like the Nevada Promise Scholarship, which guarantees that high school students can attend a Nevada System of Higher Education community college for free. If approved, the pilot would commence in Spring 2023.
The next CSG West Annual Meeting will be held Aug. 1-4 in Hollywood,
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Alaskan Wildfires
In early June, a tundra wildfire made its way across southwest Alaska, threatening several Native villages in the region. As the smoke influx continued to rise, several communities were placed on “Ready” status for evacuation and many areas of southwest and southcentral Alaska are already being hindered by heavy smoke and poor visibility and air quality. According to the Associated Press, “Nearly 150 residents from the affected communities have already temporarily relocated to the southwest Alaska hub community of Bethel.” On June 20, Alaska Gov. Mike Dunleavy signed House Bill 209, which will “help build the State’s mostly rural-based firefighting crews, strengthen local economies, and provide enhanced public safety to Alaska communities,” according to an interagency website. The new law allows the Department of Natural Resources to use general fund dollars to hire emergency firefighters to perform non-emergency work like the removal of hazardous fuels. This allows the department to retain emergency workers outside the summer fire season and to perform crucial work outside of fire season.
“This important change lets the state put local fire crews to work more consistently and grow our rural firefighting capabilities,” Dunleavy said. “And with more flexibility to prevent wildland fires through fuels reduction projects, not just fight active fires, it’s another tool in our toolkit to keep Alaskans, their homes, and our state’s critical infrastructure safe.”
