Sec. 2. Findings
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/bill/118/hr/1439/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds.
In 2012, 30 percent of voters with disabilities had difficulty voting, and in 2016, nearly two-thirds of the 137 polling places inspected on Election Day had at least one impediment to people with disabilities. However, with expanded access to mail-in ballots, people with disabilities made large gains in 2020 with a historic voter turnout surge. In 2020, despite a global pandemic, the general election saw record high turnout as a result of increased vote by mail options, which allowed voters to cast a ballot and stay safe at the same time. 34 States and the District of Columbia currently allow universal absentee voting (also known as no-excuse absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request.
No State which has implemented no-excuse absentee voting has repealed it. 5 States currently hold elections entirely by mail. 8 States proactively send all registered voters a ballot to be submitted by mail or dropped off at a designated location. At least 22 States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources.
Transportation is often a crucial barrier for rural voters. In 2020, in order to provide greater accessibility and to protect the public health, 30 States adopted or changed their laws for the general election to allow voters to cast their ballots from home. These changes included removing strict excuse requirements or allowing COVID–19 concerns to be a valid excuse to vote absentee, allowing ballot drop boxes, offering prepaid postage on election mail and proactively sending all active registered voters applications to request an absentee ballot, with some even skipping that step and sending the actual ballots.
Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter.
After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers.
Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. Voting by mail is preferable to many voters as an alternative to going to the polls. In 2020, 43.2 percent of ballots in the United States were cast by mail, up from 10 percent in 2000.
Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on Election Day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. Despite attempts to claim that voting by mail is susceptible to fraud, it is not. Strategies such as the tracking systems for ballots and Postal Service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote by mail elections.
Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters’ privacy while doing nothing to prevent voter fraud. State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security.
Many voters choose to cast ballots early when they have the option (over 50 percent in Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Montana, Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, and Washington). Approximately 70 percent of voters in the 2020 election cast their ballot before Election Day. In Oregon, 7 years after vote-by-mail election implementation, over 80 percent of voters favored the vote-by-mail system. Vote-by-mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections.
Oregon, Washington, and Colorado, 3 of the 5 States with entirely vote by mail systems, continue to have consistently high voter turnout rates. In 2020, the Presidential election turnout was about 7 percentage points higher than in 2016, and turnout rates increased in every State compared with 2016. In the 10 States where it rose the most, 7 conducted their vote entirely or mostly by mail, with 6 of those States having recently adopted all-mail voting, either permanently (Utah and Hawaii) or for the 2020 elections only.
A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Twenty-two states and the District of Columbia have enacted automatic voter registration policies, with Oregon and California becoming the first to automatically register their citizens to vote when they apply for a driver’s license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs.