The following testimony was submitted to the Joint Committee of Election Laws in support of the VOTES Act.
Wednesday, May 19, 2021
Chairman Finegold, Chairman Ryan, and Members of the Joint Committee on Election Laws:
My name is Jonathan Cohn, and I am the chair of the Issues Committee of Progressive Massachusetts. Progressive Massachusetts is a statewide grassroots advocacy organization that fights for shared prosperity, racial and social justice, good government and strong democracy, and sustainable infrastructure and environmental protection.
Last year, the Legislature provided voters with greater options for how to cast their ballot. We had more days available to vote early and an expanded possibility to vote by mail. It worked, it was popular, and it shouldn’t become a one-off due to COVID-19.
We need to make the electoral reforms from last year permanent as well as to build on them in order to make Massachusetts a leader in voting rights. I urge you to give a favorable report to the VOTES Act (S.459 / H.805), filed by Sen. Cindy Creem and Rep. John Lawn, which would make that happen.
The VOTES Act is a critical and comprehensive package of election reforms that will make our democracy more equitable, accessible, and secure. It includes the popular and successful reforms from last year, such as expanded early voting and vote-by-mail, as well as time-tested reforms like Same Day Registration, which would allow citizens to update their registration or register anew when they go to vote—something 20 states already allow. The VOTES Act, importantly, has reforms geared towards equity, like those aimed at ensuring eligible incarcerated citizens can actually vote, as well as election security, such as risk-limiting audits.
We would like to underscore the importance of Same Day Registration as a part of this package. In Massachusetts elections, an unnecessary and arbitrary 20-day registration cutoff disenfranchises more than 100,000 voters from participating in our elections. Given that the average American moves more than 11 times over the course of their lives, moving near Election Day could lead to disenfranchisement under the current system. Likewise, given the stress of work, family, and myriad other commitments, many voters may first start to learn about an election after the registration window has already passed. Indeed, this is the period when media coverage of elections—and thus voter information—is the strongest. But when voters seek to update their registration or register anew, they are shut out of the process.
When there are errors in voters’ registration, they are typically asked to fill out a provisional ballot. Provisional ballots are cumbersome for election workers and leave voters feeling as though their votes didn’t count. And our first experiences at the polls–indeed, all of our experiences at the polls–have an impact on our voting habits throughout our lives.
Our neighboring states of Maine, New Hampshire, Vermont, and Connecticut have already realized the problems with such a cutoff and adopted Election Day Registration (EDR). Maine has had EDR since the 1970s, and New Hampshire since the 1990s. EDR creates more positive experiences at the polls and, indeed, higher turnout, with studies showing an increase in turnout of approximately 5 percent. That is what a strong democracy looks like.
We would also urge the Legislature to go beyond the provisions in the VOTES Act to fully guarantee the right to vote for eligible incarcerated voters. Individuals serving misdemeanor convictions or incarcerated pre-trial maintain the right to vote but suffer from de facto disenfranchisement due to the myriad barriers they face in exercising that right. Although the Jail-Based Voting Bill (S.474 / H. 836) is not on the agenda for today’s hearing, its comprehensive measures to address this issue are essential and should be included in an omnibus voting reform package.
Over the past few months, we have seen a growing number of states unfortunately take unfounded steps to restrict voter access. In a time when democracy is increasingly under threat, we need to show our commitment to a robust democracy—and positive voting experience for all—here in Massachusetts.
Sincerely,
Jonathan Cohn
Chair, Issues Committee
Progressive Massachusetts
