pennsylvania DEPARTMENT OF STATE

Transcription

1 pennsylvania DEPARTMENT OF STATE MEMORANDUM To: F.-om: From: Cc: Christopher Abruzzo, Deputy Chief of Staff, Stat'f, Office OOffice of the Governor Luke Bernstein, Deputy Chief of Staff, Office Ofice of the Governor Jennifer Branstetter, Secretary Secretaly of Policy & Planning, Office of the Governor Annmarie Kaiser, Secretary of Legislative Affairs, Office of the Governor Otlices OfYices of Policy and Legislative Affairs, Departments of Aging and State Hon. Flon. Carol Aichele, Secretary of the Commonwealth Conln~onwealth Hon. FIon. Brian Duke, Secretary of Aging Becky Myers, Deputy Secretary of Policy & Planning, Office Oftice of the Governor Joe Murzyn, Deputy Secretary of Legislative Affairs, Office of the Governor Govertlor Shannon Royer, Deputy Secretary for External Affairs and Elections, Department of State Date: REVI.SED REVISED November 29, Re: H.B. 934 (Voter Photo ID) Issues Affecting Senior Citizens and Disabled Voters As requested, we are providing an overview of potential administrative and practical issues surrounding discussions over H.B. 934 related to senior citizens of the Commonwealth. We are also proposirig proposing the potential solutions outlined below to these proble~ns problems as the bill is discussed with the Senate. "Facilities Exemntio~i" Exemption" As passed by the House on June 23, 2011, 1, H.B. R.H. 934 provides for an exemption to the polling place ill ID require~nents requirements for residents of long-ter111 long-term care facilities whose polling place is in the facility. The exemption is provided as follows it1 in section 121O(a.l): 1210(a. 1): (a.1) In the case of an elector who resides in a care facility and votes in a polling place that is located in the care facility, the following shall apply: (1) For the primary or election at which the elector appears to vote in the election district for the first time, the elector shall first present to an election officer proof of identification. (2) The election officer shall examine the proof of identification by the elector and sign an affidavit stating that this has been done. EXHIBIT OJ- /3 O~ DEFENDANTS' EXHIBIT Petitioners Trial Exhibit 1562 PA

2 Please note that a "care facility" is defined in H.B. HB. 934 as a "long-term care facility" as defined in the Health Care Facilities Act and an "assisted living residence" as defined in the Public Welfare Code. After providing ID the first time the voter votes in the facilities polling place and election officers sign the required affidavit, the voter is no longer required to show ID at the polls from that point forward. It is believed that this provision is included in H.B. HB. 934 because this small subsection subsection of voters (who live in a care facility that is also their polling place) is not currently eligible to vote an absentee ballot by a strict reading of the PA Constitution (which provides, at Article VII, section 14(a), that voters may vote absentee ballot if they "are unable to attend at their proper polling places because of illness or physical disability"). The Department is unable to ascertain how many polling places are located in care facilities, but we believe that it is few. The Department believes that this exemption will entail a greater cost than the benefit provided. The exemption would be a burden on facilities staff and county election officials to implement and maintain. And in order to ensure accurate enforcement of this "facilities exemption," the Department would need to build functionality to administer it into the Statewide Uniform Registry of Elector (SURE) systems, which the Department provides to the counties to administer voter registration and elections functions. SURE system maintenance and support is provided by a private contractor, and enhancements must be negotiated with the vendor as a part of that project. To accurately administer the "facilities exemption," the following enhancements would be required for the SURE systems: Provide a means for facilities staff to access the SURE Portals (online) to enter and maintain the voters who are eligible for the exemption. Provide the county election office staff the ability to administer and maintain the list of eligible facilities and voters in the SURE system. Build reports and correspondence related to exempt voters. Provide training and support for personnel in the Department, the counties, and the facilities related to requirements and enhancements. It is estimated that these enhancements will cost the Department roughly $ ,000. Perhaps more significantly, management of these enhancements will be provided by the current SURE project team (internal staff and vendor). This is the same project management team responsible for maintaining the SURE systems and managing enhancements related to other provisions of H.B. 934 should the bill pass (especially the absentee identification project, which will take significant resources) as well as electoral college reform (should S.B also pass). The SURE project team has already been significantly cut due to budgetary necessity. Further burdening the current team devoted to these important projects will significantly increase the risk associated with supporting SURE and ensuring the success of other election reform initiatives in an important federal election year. Even if H.B. 934 passes by the end of the year, the Department of State believes that the earliest date by which we could effectively implement the "facilities exemption" would be November PA

3 Because the Departments of State and Aging agree that the "facilities exemption" in H.B. 934 will entail a significant expenditure of resources and little benefit overall to older voters and voters with disabilities, we respectfully request that the Governor's Office ensure that it be removed from H.B. 934 prior to final passage. Issue of Care Facilities We agree that voters who live in care facilities may encounter difficulties complying with the photo ID requirements of the bill if they do not already have a qualified ID and cannot get to a PennDOT photo center due to illness or physical disability. Because we also agree that the "care facility exemption" discussed above does not solve this problem and should be removed, we offer two potential solutions for residents of care facilities. Regardless of the solutions selected, we also propose an extensive outreach program be initiated to educate and inform voters who live in care facilities or older voters and voters with disabilities in the community about the impact ofh.b. 934 and how they can comply with the new requirements. Expanding the List cfident2fr'cation of Identification Cards A proposal being discussed in the Senate would provide that a "Pennsylvania care facility photo identification card of the individual" would qualify as proof of identification in the polling place under an amended H.B As proposed, "care facility" would be defined in H.B. 934 as discussed above. We understand that it is not typical for care facilities in Pennsylvania to issue photo ID cards to their residents. Nonetheless, if adding this additional qualifying form of ID is considered, the Department of Aging recommends adding Personal Care Homes to the definition of "care facility" referenced above. Please note that we also have seen a proposal to include photo IDs IDS issued by political subdivisions of the Commonwealth, which presumably include county and municipal governments and possibly school districts. Including political subdivisions would broadly expand the number of authorities that are able to issue valid IDs IDS for voting purposes: there are 67 county governments, 2,562 municipalities, and 500 school districts in Pennsylvania. County governments issue weapons permits, which would presumably qualify. But because it is not clear what other ID cards are issued by these authorities that would qualify for voting purposes, we do not think that this proposal would provide a significant benefit to elderly or disabled voters. Though many counties, municipalities, and school districts likely issue employee ID cards, it is not clear that these would be considered valid for voter ID purposes. Many municipalities provide recreation programs, such as swimming pool memberships, for which they provide photo ID cards. However, issuance of these ID cards may not be closely controlled by the municipal authority, and the identity and residency of the ID recipient is not consistently verified (if at all) when they are provided. Because we do not have a complete understanding of the IDs IDS that may be issued by Pennsylvania'S Pennsylvania's political subdivisions and the identification requirements to receive them, and there is little clear benefit, we recommend not broadening the list in HB 934 to include ID cards issued by political subdivisions. 3 PA

4 Absentee Ballot Option As you know, the Department of State has proposed an amendment to HB. H.B. 934 that would require a different form of "identification" for voters who apply for absentee ballots. This amendment would require that voters provide their driver's license number or the last four digits of their social security number for verification when applying for an absentee ballot. We believe that this identification requirement would be easier for residents of care facilities to comply with, since most likely have social security numbers to provide on their applications. Casting absentee ballots would obviate the need for these voters to obtain photo ill ID in most cases. However, under a strict reading of the Election Code and the P PA A Constitution, residents of care facilities are not permitted to cast absentee ballots unless they are "unable to attend" their polling because of illness of physical disability. Therefore, we propose an additional amendment to HB. H.B. 934, which would provide that voters who are unable to obtain a qualifying photo ID due to illness or physical disability can vote by absentee ballot. The suggested amendment is analogous to the existing provision that permits absentee voting for those electors who are unable to "operate a voting machine and secure assistance by distinct and audible statement as required in section 1218," which also is not part of Article VII, section 14(a) of the Constitution authorizing absentee voting. Like inability to use a voting machine, the inability to obtain ill ID due to illness or physical disability renders the elector unable to attend and vote at his proper polling place "because of illness or physical disability." " Please note that this proposed amendment amenclment to the absentee voting section would apply to more votent voters than just those residing.. tiding in care facilities. However, we believe that providing the absentee voting option for these voters is a good solution to ensure that no qualified elector is disenfranchised because illness or disability prevented him/her hirnlher from obtaining necessary proof of ID - no matter the specific circumstances involved. In fact, in recent years, the Election Code was amended to accommodate those electors who learned just before Election Day that they would not be able to vote in person due to illness or business travel. This change follows the same policy of providing a remedy to disenfranchisement through happenstance beyond the control of the elector. If this solution is acceptable, the following is our recommended amendment to HB. H.B. 934, which would allow voters who are unable to obtain qualified photo ill ID due to illness or physical disability to vote by absentee ballot: Proposed amendment to section 1301(k) of the PA Election Code Section Qualified absentee electors The following persons shall be entitled to vote by an official absentee ballot in any primary or election held in this Commonwealth in the manner hereinafter provided: *** *** (k) Any qualified registered and enrolled elector whol who, because of illness or physical disabilityl disability, is unable to attend his polling place, placel obtain vroof proof of identification as required reauired bv by section 1210 of this act, or operate a voting machine and secure assistance by distinct and audible statement as required in section 1218 of this act; 4 PA

5 In order to implement this new proposed absentee voting provision for voters who cannot obtain ID because of illness or physical disability, the Department of State proposes to revise the approved absentee ballot application forms to provide a checkbox for the voter to check attesting to their qualification for absentee ballot under this paragraph prior to signing the declaration on the form. Outreach Program Upon the passage ofhb 934, in order to educate and inform older voters and voters living with a disability, the Department of Aging would propose the following: Outreach to care facilities: The Department of Aging would work through the affiliated associations and organizations representing the various types of facilities serving older voters and voters with disabilities -ex: Leading Age P PA, PA Assisted Living Association (PALA) to educate the facilities on their role in assisting registered voters that reside in their care facility: About the new requirement to provide a valid proof of identification at the poll How to obtain the proper documentation necessary to obtain valid proof of identification if not in their possession a The Department of Aging would remind facilities to encourage residents to retain proper identification upon admission to a care facility Any other change that may affect residents of care facilities Care facilities will have a critical role in the outreach and education of older voters and voters living with a disability, including: Assisting voters with obtaining either existing forms ofid (driver's license, PennDOT photo ID card, passport, military ID), paperwork required to obtain a driver's license, PennDOT photo ID or passport, including a birth certificate or social security card or obtaining information contained in resident records (driver's license #, PennDOT photo ID number, or last 4-digits of SS# for absentee ballot purposes). Educating and informing voters of new voter identification requirement(s) -Provide valid proof of identification at the polling place every time a person goes to vote. Educating and informing votes on how to obtain a valid proof of identification. Outreach to voters residing in a care facility: facilitv: Ombudsman will be trained to educate voters on the new requirements Apprise volunteers (people trained to counsel people on Medicare benefits) will be trained to educate voters Outreach to entities that have contact with older voters and voters with disabilities who live in the community (those receiving services and those who do not): The Department of Aging will work with all entities that could potentially come into contact with an older voter or voters living with disabilities. For example, the Department could include 5 PA

6 an educational flyer with a Medicare/Medicaid MedicareIMedicaid mailing or a property tax/rent tadrent rebate mailing. Lottery terminals, live drawings and marketing materials could also be used as an educational outreach tool. Outreach to older voters and voters with disabilities who live in the community communitv (those receiving services and those who do not): The Department of Aging will work with providers of services (ex: senior centers, home health agencies, etc.) to distribute messaging on the new voter ill ID requirements and instructions on how and where to obtain proof of identification. This outreach can be accomplished by partnering with media outlets listed below and members of the aging network. Media: Dept. of Aging Website Dept. of Aging/OLTL AgingIOLTL "Friday Wrap-up" (weekly newsletter distributed to aging network) Press Releases Special Mailings Speaking engagements/media engagementslmedia events Social media Public Service Announcements/TV/Radio/Newspaper Webinars -for aging network Partners: Area Agencies on Aging Senior Centers Partners within the Aging Network -Associations and Advocacy groups ex: Leading Age PA, PA Assisted Living Association (PALA) Outreach and Education at Senior Expos County Commissioners Assoc. Assoc, ofpa County Board of Elections Family Members -about the importance of retaining identification of their older family members Dept. of RevenuelLottery RevenueLottery Dept. of State Dept. of Transportation Dept. of Public Welfare Dept. of Health 6 PA