New legislation aimed at safeguarding the 2024 U.S. presidential election against potential fraud is inadvertently causing obstacles for some of the over 40.2 million citizens with disabilities, according to disability rights advocates speaking to CBS News.
Over 20 states have now imposed restrictions on various aspects of postal voting, including limiting the type of assistance a voter can request. Such restrictions could inhibit health aides and nurses from assisting in the preparation of a ballot for those they look after. In some instances, these regulations may even lead to legal consequences for aides who assist too many people in voting.
Disability rights lawyer Andrew Bizer from New Orleans expressed his concerns about this situation. He highlighted the dilemma faced by those running care homes or group homes, and the potential legal implications of assisting more than one person in voting.
The introduction of these laws followed the 2020 elections, during which former President Donald Trump raised questions about the security of mail-in voting. A recent study by the Rutgers Program for Disability Research highlighted a 5.1% increase in the number of eligible voters with disabilities in 2020. The study also revealed that 7.1 million eligible voters with disabilities reside in seven swing states, emphasizing the potential impact of restrictive postal voting laws on upcoming elections.
Louisiana is one state grappling with this issue. In May, Republican Governor Jeff Landry enacted a series of laws aimed at enhancing the state’s “election integrity.” These laws, initially supported by Louisiana Secretary of State Nancy Landry, were described as a “boost” to the state’s election protection efforts.
One such law prohibits assistance with completing, mailing, or witnessing more than one absentee ballot, unless the person being assisted is an immediate family member. This places caregivers and employees at nursing, assisted living, or group home facilities at risk of legal action if they assist too many individuals with their ballots.
Ashley Volion, a policy analyst with Disability Rights Louisiana who has spastic cerebral palsy, relies on a personal care attendant for daily tasks. She expressed her concerns about these new laws to CBS News.
In Louisiana, federal and state protections ensure that residents of nursing homes can receive assistance from their registrar of voters. However, assisted living and other long-term care facilities are not eligible for this service under Louisiana law, leaving them at the risk of not having sufficient staff to assist residents with their ballots.
Bizer believes these laws overstep the mark and violate federal law. He is currently representing Volion and Disability Rights Louisiana in a lawsuit against the Louisiana Secretary of State and Attorney General.
In contrast, Secretary of State Landry defended these laws before the state legislature, arguing they would prevent “ballot harvesting”. According to the Secretary of State’s office, there have been three instances of voter fraud in Louisiana since 2016. CBS News reached out to Landry’s office for a comment, but received no response.