Our View of the Legislature: Voting Rights

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As Virginia’s primary election is next week, dLCV encourages everyone to exercise your right to vote.  That can be challenging at times for people with disabilities – if you have encountered any problems at your polling place in the past, please contact us at 1-800-552-3962 as soon as possible, so that we can try to resolve your issue before or on Election Day.

The legislature is nearing completion of important voting rights legislation; none have yet been sent to the Governor.  Please keep in mind that even when all of these bills are complete, they will not take effect until July 1.  They will not apply to next week’s primary election.

ABSENTEE VOTING

HB 1 (Herring) and SB 111 (Howell) are the two bills that will allow someone to vote absentee, in person or by mail, without stating a reason.  Currently, people with disabilities may vote absentee but have to identify that they have a disability, sometimes in detail.  Lifting this requirement and making absentee voting available to all will ensure greater access to voting for individuals with disabilities and all voters.

The House Bill (HB1) has been approved by the full House of Delegates and amended by the Senate Committee, with what appears to be a technical correction.  The House will vote on that amendment today.  If accepted, the bill will be ready to send to the Governor.

The Senate bill (SB 111) has been approved by the full Senate and is now before the House of Delegates for its second reading (the bill must be read on three different days before passage).

IDENTIFICATION

HB 19 (Lindsay) and SB 65 (Locke) incorporate several proposed bills to remove the very strict requirements added to Virginia code in recent years, limiting the forms of identification that must be produced in order to vote.  The current identification requirements have a disproportionate impact on voters with disabilities and older voters who may not have a current driver’s license.  Both bills remove the strict requirements and inserts a long list of possible forms of identification, including utility bills or government issued checks.  If a voter does not possess any of those forms of identification, he or she may sign a sworn statement as to their identity and will then be granted the ability to vote.

The two bills have some minor differences, and it appears that each side will insist on their own version.  When that happens, the bill is sent into a “committee of conference,” with members of both the House and the Senate, to work out a compromise.

REGISTRATION

HB 872 (Bourne) and SB 219 (Marsden) now include several proposed bills that will make it easier to register to vote.  The registration process can sometimes be onerous for people with disabilities.  Both bills have been approved by their house of origin.  SB 219 has been approved by the House Committee on Privileges and Elections and is now before the House for final approval, probably today.  HB 872 has been approved by the Senate committee on Privileges and Elections, but has not yet been voted on by the Senate.

The ability to vote is one very important way that people with disabilities can exercise choice and protect their own rights.  The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.