SACRAMENTO – In a victory for voting rights, the state of California
has agreed to mail voter registration cards to nearly 4 million
Californians who have signed up for health insurance through the state
health exchange, Covered California, and to ensure that Californians who
apply for health benefits through the exchange going forward are
provided voter registration opportunities. The action is the result of a settlement agreement
reached with the ACLU of California, the ACLU’s Voting Rights Project,
Demos, and Project Vote, which threatened legal action over the state’s
failure to comply with the National Voter Registration Act (NVRA) and
state laws.
“Nearly four million Californians
have applied for health insurance for themselves and their families and
we applaud that incredible achievement. With this settlement agreement,
Covered California will now offer these Californians the chance to
register to vote or update their registration. California is on its way
to healthier communities and a healthier democracy. It is exactly the
result Congress intended when it passed the National Voter Registration
Act more than 20 years ago,” said Lori Shellenberger, director of the
ACLU of California’s Voting Rights Project.
The National Voter Registration Act
is designed to make it easier for all Americans to register to vote and
to maintain their registration. It requires states to make voter
registration opportunities available at offices that provide public
services, such as the Department of Motor Vehicles and the state health
exchanges. Although the enrollment period for Covered California began
last October, voter registration has not yet been provided, prompting
this possible legal action.
To avoid litigation, Covered
California agreed that by no later than the next open enrollment period
in the fall of 2014, it will incorporate all required voter registration
services into all processes by which a consumer engages with Covered
California, including online, in person, by mail, and in telephone
transactions. Immediately, Covered California will do a remedial voter
registration mailing to the nearly 4 million people who applied for
health benefits since the launch of the Affordable Care Act on October
1, 2013 and it will continue these mailings until there is full
compliance.
“Ensuring that all eligible
Americans are registered to vote is key to ensuring a robust democracy,”
said Lisa Danetz, legal director of Demos. “Agency-based registration
under the National Voter Registration Act is a critical tool in making
voter registration convenient and accessible. California’s decision to
properly implement the NVRA’s requirements for those enrolling through
its health benefit exchange should serve as an example for other
state-run exchanges around the country. If other states follow, millions
more Americans will have the opportunity to join the voting rolls.”
Dale Ho, director of the ACLU’s
national Voting Rights Project, said this settlement is a warning to
other states that operate heath exchanges but have failed to provide
required voter registration services. Those states include Nevada,
Hawaii, Washington, and Washington D.C.
“It’s time to end the
foot-dragging,” Ho said. “States have had months to make voter
registration available through their health exchanges. A delay in
offering voter registration is a delay for democracy. No more stalling.”
“Covered California is committing to
comply with the law and fulfill Congress’s intent that voter
registration services be easily available to individuals while they are
seeking government assistance,” said Sarah Brannon, director of the
Public Agency Voter Registration Program for Project Vote. “Other health
benefit exchanges around the country should look to the system Covered
California is setting up under the terms of this agreement as a model
for how they can effectively comply with the legal requirements of the
NVRA.”
The ACLU of California, the ACLU’s
Voting Rights Project, Demos, and Project Vote represented the League of
Women Voters of California, Young Invincibles, and several individuals
who applied for health care benefits through Covered California.
“Many eligible voters fail to
register due to lack of access and opportunity. Offering voter
registration to the millions of people enrolling in health care is a
simple step toward reaching out to them,” said Jennifer A. Waggoner,
president of the League of Women Voters of California.
This historic settlement could serve
to engage a younger generation in their democracy. “Many young adults
are obtaining health insurance for the first time, and this is a great
opportunity to both insure young Americans and create a young generation
of registered voters,” said Tamika Butler, California director of Young
Invincibles.
The agreement was approved by the
California health benefit exchange board, and was signed by Covered
California’s executive director Peter Lee and California Secretary of
State Debra Bowen.