Today marks the opening of the health insurance exchanges created under the Affordable Care Act. An estimated seven million uninsured Americans are expected to apply for coverage during this first round of open enrollment; the Congressional Budget Office estimates that by 2016, 25 million Americans will register for health insurance through the exchanges. In addition to expanding access to affordable healthcare, the opening of the health exchanges also has the opportunity to dramatically expand access to the ballot.
You see, one-third of uninsured Americans are also not registered to vote. And under the 1993 National Voter Registration Act (NVRA)—also called the "motor voter law"—agencies that provide public assistance, like the new health insurance exchanges, must also provide voter registration services. Because of this law, both the Department of Health and Human Services and the White House have acknowledged that the health insurance exchanges operated by, or in partnership with the federal government must offer voter registration services.
This important law also applies to the 14 states that are operating their own exchanges independent of the federal government. Among these states, California, New York, Vermont, Maryland, Connecticut and Rhode Island have all acknowledged their obligation under the NVRA to provide voter registration services through the health insurance exchanges. With over 10 million uninsured Americans living in these five states, this is a tremendous opportunity to expand ballot access. Unfortunately, nine states—Colorado, the District of Columbia, Hawaii, Kentucky, Massachusetts, Nevada, Oregon and Washington—have yet to officially announce plans to comply with the NVRA. We will continue to press ahead and urge more states to comply with federal law so that all Americans can have an opportunity to exercise the most fundamental right in our democracy.
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News & CommentaryDec 2024
Voting Rights
Election Day is Over. Why is the Electoral College Voting Now?Election Day is Over. Why is the Electoral College Voting Now?
The Electoral College meets December 17th to certify the results of the 2024 election, but why? The ACLU breaks down if the process is worth keeping. -
New York Supreme CourtDec 2024
Voting Rights
New York Communities for Change v. Nassau CountyNew York Communities for Change v. Nassau County
This case in New York state court centers on the landmark John R. Lewis Voting Rights Act of New York (NYVRA) and the New York Municipal Home Rule Law (MHRL). The NYVRA, like several other state voting rights acts enacted in recent years, expands upon the federal Voting Rights Act’s protections against racial vote dilution. The MHRL prohibits racial discrimination and partisan gerrymandering in local-level redistricting. The ACLU’s Voting Rights Project and State Supreme Court Initiative, alongside the New York Civil Liberties Union, LatinoJustice PRLDEF, the Asian American Legal Defense and Education Fund, and Steptoe LLP filed a lawsuit on behalf of voters of color in Nassau County, New York alleging that a redistricting plan implemented in 2023 for Nassau County’s legislative districts dilutes the voting strength of Black, Latino, and Asian residents and is gerrymandered for partisan advantage in violation of the NYVRA and the MHRL. -
ArizonaNov 2024
Voting Rights
American Civil Liberties Union of Arizona v. RicherAmerican Civil Liberties Union of Arizona v. Richer
We sued elections officials in Arizona to extend the mail ballot “cure” deadline after ballot processing delays threatened to disenfranchise thousands of voters without notice. -
Press ReleaseNov 2024
Voting Rights
Civil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights ActCivil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights Act
ORANGE COUNTY, Calif. — On November 7, a New York State Supreme Court trial judge issued an opinion striking down the John R. Lewis Voting Rights Act of New York (NYVRA). Today, the Legal Defense Fund, American Civil Liberties Union, LatinoJustice PRLDEF, Asian American Legal Defense and Education Fund, New York American Civil Liberties Union, and Brennan Center for Justice at NYU Law issued the following statement in response to the ruling: “The NYVRA is unquestionably constitutional, and protects the freedom to vote for all New Yorkers by helping to ensure voters are not subjected to discrimination when participating in the political process. “The Nov. 7 decision by a state trial judge is deeply flawed and plainly incorrect. We fully expect the decision to be reversed on appeal. It flies in the face of basic legal principles and constitutes a stunning overreach in striking down the entire law, including provisions that are not at issue in the case. “To put it simply, the NYVRA does not discriminate, it bans discrimination – and in doing so protects New Yorkers’ most fundamental right. “New York is stronger when everyone has an equal opportunity to vote.”