Dispatch on the For the People Act #5: Same Day Registration, Early Voting, and the “Catastrophic” Filibuster
This article is part of Equal Citizens’ Substack Series, “Dispatches on the For the People Act.” If you want these weekly updates delivered straight to your inbox, subscribe here!
This week the two of us, Kevin Rissmiller and Kate Travis, will highlight the For The People Act’s mandates for same day registration and early voting. These provisions will curtail some of the most egregious voter suppression efforts and reduce the barriers to voting. We will also share the week’s best press hits about the bill (mostly about its biggest roadblock: the filibuster), shout out a few For The People Act cosponsors, and round up the shareable social posts.
Some encouraging news this week: The New York Times Editorial Board published a strong endorsement of the For The People Act and makes clear that the filibuster should not stand in the way of its passage. The Washington Post Editorial Board penned its own piece endorsing the bill and criticizing GOP efforts to suppress the vote.
Before we begin the policy analysis, we wanted to highlight a great Demos report describing how the For the People Act is a racial justice bill and why it is essential that we talk about it as such. We really enjoyed reading it. Check it out here and please share it!
Provisions of the Week: Same Day Registration and Early Voting (Title 1, Subtitle A, Part 3 and Subtitle H)
What would these do?
1)The For The People Act would mandate same day voter registration (SDR) in every state. This would allow any eligible voter to both register and vote on Election Day or during the early voting period. For those who have recently moved or have an error in their registration, SDR would allow for these individuals to update their registration when they go to vote.
Same day registration is a crucial reform that will increase participation in our elections. According to the National Conference of State Legislatures, SDR generally increases turnout by about 5%. Right now, 21 states and Washington D.C. have some form of SDR.
2) The For The People Act would require states to provide at least 15 days of consecutive early voting for federal elections. States can and frequently do have longer early voting periods, but they are often not consecutive and state legislatures can play partisan games with the chosen days. (As we write this newsletter, Republicans in Georgia are moving to remove early voting on the Sunday before Election Day, a day frequently used by African American churches to get out the vote.)
The bill’s early voting provision also requires that early voting locations be situated near public transportation when possible, and it requires that early voting locations be open for at least 10 hours a day, including evening and early morning hours. Importantly, the For The People Act likewise mandates that states begin processing and scanning early voting ballots during the early voting period, which will speed up the process of determining the winners of federal elections.
Why do they matter?
Currently, voter registration deadlines are a major barrier to higher participation. Allowing eligible voters to register or reregister when they vote would greatly reduce the costs of voting and increase the accessibility of our democracy. SDR also protects voters from wrongful voter purges — the wildly imprecise practice of removing individuals from the voting rolls who are presumed to no longer be eligible — and any other problems that might arise with registration. Moreover, SDR is a critical failsafe for those who move around frequently.
Now more than ever, it is crucial that the federal government codify same day registration in all fifty states for federal elections. Aggressive voter purges and attempts to make voter registration more difficult are only growing more frequent and more insidious.
Early voting is likewise imperative to bolster participation in elections. The For The People Act’s mandate ensures a consistent and accessible window to vote before Election Day in all fifty states. This means that essential workers and anyone else who cannot mold their schedules to vote on Election Day can still make their voice heard. Such flexibility will reduce long lines at polling places and promote electoral participation.
Both of these provisions make it easier for all eligible citizens to exercise their right to vote.
In the News:
Politico covers Senator Joe Manchin’s desire to make the filibuster “painful” to use, and his openness to using budget reconciliation to pass voting rights legislation. It is unclear whether H.R. 1 would be eligible for the budget reconciliation process, which is not subject to the filibuster. However, it is very encouraging that Senator Manchin signaled his support for a “standing filibuster,” which would force opponents of a bill to stand and talk to prevent the vote, making it much harder to filibuster. This could open the door to H.R. 1’s passage.
Representative Jim Clyburn said that allowing the filibuster to stymie voting rights legislation would be “catastrophic.” The Hill reports that Rep. Clyburn believes the Senate must exempt democracy reform and civil rights legislation from the filibuster in order to pass the For The People Act.
Norman Eisen, Jeffrey Mandell, and Equal Citizens Board Member Richard Painter co-write that the Senate must make an exception to the filibuster to pass H.R. 1. The authors, two of whom were White House ethics chiefs (for Presidents Bush and Obama, respectively), discuss the racist, anti-democratic history of the filibuster, and argue that the Senate should make a “Democracy Exception” to the filibuster rule in order to pass this transformative legislation.
Voting rights champion Desmond Meade writes on the anniversary of Bloody Sunday that H.R. 1 is an important continuation of the fight for voting rights. Noting that many people still do not have the right for which John Lewis marched across the Edmund Pettus Bridge, Meade, the Executive Director of the Florida Rights Restoration Coalition, asks all legislators to support the For the People Act.
And now, a word from our (co)sponsors:
Now that the fight for H.R. 1 has become the fight for S. 1, we want to highlight and thank some key supporters in the Senate. Their advocacy for the For The People Act is crucial to its passage — and here we want to share their own words about why they support the bill!
“Our political system is broken, plain and simple. It’s getting harder, not easier, to cast a ballot in the United States, and the influence of Big Money in our politics has gotten out of control. That’s why I’m supporting the For The People Act, so we can create the political system that the American people deserve.” — Senator Chris Coons
“There is a concerted effort by Republican lawmakers across the country to strip Americans of their vote. We need to pass the For the People Act in the Senate to protect voting rights and strengthen our democracy, and to do that we must first abolish the filibuster.” — Senator Ed Markey
Social Media Roundup:
Let’s be frank: there are A LOT of tweets, posts, and general conversation about the For The People Act. In this section, we give you an overview of the tweets and media you really need to see.
Senator Raphael Warnock reiterates his support for the For The People Act:
Senator Chuck Schumer shares his thoughts on discriminatory voter suppression laws:
Representative Mondaire Jones explains how H.R. 1 will help working class Americans run for Congress:
Adam Smith of End Citizens United points out GOP hypocrisy in opposing H.R. 1:
How you can help:
H.R. 1 is the most important democracy reform bill in half a century, but to get it through the Senate, we need your help. That’s why we’ll end this newsletter every week with a few quick and easy ways to join the fight for H.R. 1. This week, you can:
- Call your Senators at (202) 224–3121 and tell them why they should do everything in their power to pass the For The People Act (S. 1) in the Senate, including getting rid of the filibuster.
- Write a letter to the editor in your local paper sharing your support of H.R. 1/S. 1 and urging your Senators to pass it. Not sure how to write a letter to the editor? Reach out to us at info@equalcitizens.us and we can help!
- Share our newsletter, our podcast, the articles included above, and the resources on H.R. 1 below on social media and tell your friends why you support #ForThePeopleAct
If you have questions about H.R. 1 you want us to answer in our substack, tweet at us with #HR1Substack!
Extra, Extra:
If, after reading our newsletter, you still want to know more about the For The People Act, Equal Citizens, or the two of us, you can find more information here!
Relevant Resources:
Here are a few resources on the “For the People Act” if you have questions:
The Brennan Center for Justice created a wonderful guide to H.R. 1. Check it out here.
Here is the link to the House website on the For the People Act.
There is a lot of misinformation about H.R. 1, and the amount of misinformation will only grow as the fight heats up. That’s why it’s more important than ever to make sure everyone has all the facts on the bill — here is an article from Media Matters that can help you fact check.
More about SDR and Early Voting:
The ACLU’s Dale Ho published a piece explaining just how important SDR is and why we must push for it to be the national standard. Check it out here!
Learn more about which states currently have SDR here.
Learn more about existing state early voting programs here.
More about us:
Kate Travis is a fellow at Equal Citizens and a junior at Harvard studying History and Literature with a minor in Government. When she’s not fighting for democracy, you can find her running, playing the cello, and drinking copious amounts of coffee (maybe even all at once). Follow her on Twitter at @mkht930.
Kevin Rissmiller is a fellow at Equal Citizens and a Goodwin-Niering Scholar at Connecticut College majoring in Government and exploring sociology, economics, and applied statistics. In his free time, you will find him at Dunkins or (pre-pandemic) playing ultimate frisbee. Connect with him on LinkedIn.
