WASHINGTON, D.C. – U.S. Sens. Sherrod Brown (D-OH) and Dick Durbin (D-IL) have called on the Administration to comply with the National Voter Registration Act (NVRA) and give Americans applying for health insurance through the Affordable Care Act’s (ACA) Federally-Facilitated Marketplace (FFM) a meaningful opportunity to register to vote. In a letter to U.S. Secretary of Health and Human Services Sylvia Mathews Burwell and Attorney General Loretta Lynch, the senators noted that each time a person applies for health insurance through the FFM—whether by phone, by mail, or online—he or she should be provided with an opportunity to register to vote in compliance with the requirements of the NVRA.

“There is no right more fundamental to our democracy than the right to vote,” said Brown. “Because of the Affordable Care Act, millions of Americans now have access to affordable and high quality health insurance options. Our democracy is strengthened when more eligible voters go to the polls and these individuals deserve a meaningful opportunity to register to vote.”

“The more Americans have enough information and access to exercise their right to vote, the better for our democracy,” Durbin said. “Thanks to the National Voter Registration Act, citizens who apply for public assistance are able to register to vote at the same time. We should give the same opportunity to the millions of Americans signing up for affordable health insurance through the ACA’s federal exchange.”

The NVRA ensures that all individuals who apply for public assistance are granted a meaningful opportunity to register to vote. While most states that are operating their own exchanges under the ACA have already taken steps to comply with this law, the FFM, which only includes a link to a voter registration form in its online application, is not currently in full compliance with the law.

The letter was also signed by U.S. Sens. Patty Murray (D-WA), Patrick Leahy (D-VT), Kirstin Gillibrand (D-NY), Bernie Sanders (I-VT), and Jeff Merkley (D-OR), Richard Blumenthal (D-CT), and Al Franken (D-MN).

The full letter can be found below.

 

 

December 17, 2015

 

 

The Honorable Sylvia Mathews Burwell
Secretary
Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201

 

The Honorable Loretta E. Lynch
Attorney General
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

 


Dear Secretary Burwell and Attorney General Lynch:

Our democracy depends on the participation of eligible citizens in the electoral process. Recognizing this fact, Congress passed the bipartisan National Voter Registration Act (NVRA) more than 20 years ago, ensuring that individuals who apply for public assistance are granted a meaningful opportunity to register to vote and exercise this fundamental, constitutionally-protected right. Thus, as the 2016 enrollment period for the Affordable Care Act (ACA) continues, it is incumbent upon the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) to take the steps necessary to ensure full compliance with the NVRA and give the millions of individuals seeking health insurance under the ACA a meaningful opportunity to register to vote.

State public assistance programs, such as the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) program, must comply with the NVRA. Like SNAP and TANF, state-based and federally-facilitated ACA Marketplaces help determine whether applicants are eligible for federal assistance—specifically Medicaid and the Children’s Health Insurance Program (CHIP), as well as tax credits for health insurance premiums and cost-sharing reductions to help with premium costs. Because the Marketplaces help administer applications for assistance, make eligibility assessments, and in some cases, make final eligibility determinations, they are subject to the requirements of the NVRA.

While most states that are operating their own exchanges under the ACA have already taken steps to comply with the NVRA, the Federally-Facilitated Marketplace (FFM) is not fully compliant with the NVRA. In King v. Burwell, the Supreme Court held that the FFM is equivalent to state-operated exchanges, noting that “they must meet the same requirements, perform the same functions, and serve the same purposes.” Like state-based exchanges, the FFM provides a single, streamlined application for health insurance and the many different forms of health insurance subsidies.   

While we applaud the Administration’s efforts to include a link to a voter registration form in the FFM online application, more robust efforts are necessary in order for the FFM to come into full compliance.  We encourage DOJ, as the agency with the primary enforcement responsibility under NVRA, to work with HHS to make sure that the FFM meets all of the law’s requirements. Each time that a person applies for health insurance through the FFM—whether by phone, by mail, or online—he or she should be provided with an opportunity to register to vote. Specifically, the FFM should distribute voter preference forms in which applicants can identify, in writing, whether they would like to register to vote, as well as voter registration applications, if the application is not declined in writing on the voter preference form. Furthermore, as required under the law, these forms should be provided in a manner in which all individuals can access.    

Thanks to the ACA, in the first two enrollment periods, approximately 17 million people were able to sign up for health insurance and Medicaid through the FFM.  The consequence of the FFM’s lack of compliance under NVRA standards means that individuals in states operating on the FFM have less access to voter registration information and opportunities than those in states who run their own Marketplaces. HHS should work with DOJ to take immediate steps to bring the FFM into full compliance with the NVRA.

As a result of the ACA, millions of Americans now have access to high-quality and affordable health insurance. All individuals, including those on the FFM, deserve the same meaningful opportunity to register to vote.  We appreciate your consideration and look forward to continuing to work with you to expand access to quality and affordable health insurance while ensuring that all eligible Americans are provided with the opportunity to fully participate in our democracy.

 

Sincerely,

 

 

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