New Orleans, LA — Amidst rising concerns over election security, a series of new laws in Louisiana and other states aimed at safeguarding the integrity of upcoming elections are paradoxically making it harder for more than 40.2 million American voters with disabilities to exercise their right to vote. These laws, enacted in response to unfounded allegations of widespread voter fraud in the 2020 presidential election, restrict assistance for mail-in voting—a crucial method for many voters with disabilities.
The legislative changes include limiting the type of help voters with disabilities can receive, such as assistance from health aides, nurses, or staff at residential care facilities. In several states, these restrictions make it illegal for caregivers to assist more than one person in filling out or returning a ballot unless the individuals are immediate family members.
Andrew Bizer, a New Orleans-based disability rights attorney, expressed concerns over the new measures, noting the chilling effect they could have on caregivers. “Imagine running a nursing home and having to warn your staff against helping residents vote because they might face criminal charges,” Bizer said. “It places an awful burden on both the staff and the people they care for.”
The 2020 census and subsequent studies illustrate the growing importance of voter accessibility. According to the Rutgers Program for Disability Research, there was a 5.1% increase in voters with disabilities in the 2020 election. This demographic is particularly significant in battleground states like Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin, where they make up a substantial portion of the electorate.
For Louisiana residents such as Ashley Volion, who lives with spastic cerebral palsy, the restrictions pose a significant barrier. Volion, a policy analyst at Disability Rights Louisiana, explained her reliance on a personal care attendant for daily tasks. With her aging parents living an hour away, Volion is representative of many who may find these new laws not just an inconvenience, but a serious impediment to their civic participation.
The situation is acute in facilities such as Covenant Nursing Home in New Orleans, where staffers like Elizabeth Ellis must navigate these new challenges. A concerned family member recently alerted Ellis to the changes, prompting a scramble to ensure that residents could vote. “We’re now faced with figuring out how to mobilize enough people to legally assist all our residents who wish to vote by mail,” Ellis explained.
Despite these efforts, the local Parish Registrar of Voters recently stepped in to assist residents at Covenant Nursing Home, a visit that hadn’t occurred since before Hurricane Katrina in 2005. Ellis saw this as more than administrative support; it was a vital act of engagement for those who often feel forgotten.
Louisiana’s Secretary of State defended the laws, stating they were designed to prevent “ballot harvesting,” a term used to describe the collection and submission of absentee ballots by third parties. However, these claims are hotly debated, and the office cited only three instances of voter fraud since 2016.
Another concerning aspect of these laws, as highlighted by Bizer, is their potential conflict with the Voting Rights Act, which ensures individuals with disabilities the right to choose their method of voting assistance. Alongside Volion and Disability Rights Louisiana, Bizer has initiated legal action against the restrictive measures, citing their infringement on voters’ rights.
As these legal battles unfold, the impact of the new voting laws continues to stir debate and concern among disability advocates and voting rights groups, highlighting a critical tension between election security measures and the fundamental right to vote.
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