STRENGTHENING

DEMOCRACY
A Progress Report on Federal
Agency Action to Promote
Access to Voting
American Civil Liberties Union (ACLU) NAACP
Advancement Project National Association of Councils
American Federation of State County and Municipal on Developmental Disabilities
Employees National Congress of American Indians
American Association of People with Disabilities National Council of Asian Pacific Americans
American Federation of Teachers (NCAPA)
American Public Health Association National Disability Rights Network
Asian Americans Advancing Justice | AAJC National Housing Law Project
Asian and Pacific Islander American Vote (APIAVote) National Partnership for New Americans
Asian Pacific American Labor Alliance, AFL-CIO Native American Rights Fund
Autistic Self Advocacy Network NETWORK Lobby for Catholic Social Justice
Black Voters Matter Fund
Planned Parenthood Action Fund
Campaign Legal Center
Presbyterian Church (USA) Office of Public Witness
Center for Disability Rights
Promise of Democracy Foundation
Clean Water Action
Public Citizen
Demos
Sierra Club
Fair Elections Center
Faith in Public Life Society for Humanistic Judaism
Foundation for Civic Leadership SPLC Action Fund
Healthy Democracy Healthy People Initiative T'ruah: The Rabbinic Call for Human Rights
Hip Hop Caucus The Andrew Goodman Foundation
Hispanic Federation The Hope Center for College, Community, and Justice
Human Rights Campaign The Workers Circle
Jewish Alliance for Law and Social Action UnidosUS
LatinoJustice PRLDEF Union for Reform Judaism
Leadership Conference on Civil and Human Rights Union of Concerned Scientists
League of Conservation Voters United Church of Christ, Justice and Local Church
League of Women Voters of the United States Ministries
Legal Defense Fund (LDF) Young Invincibles

Endorsement is an indication of solidarity within our movement and a recognition of the urgency of these
priorities. Endorsement does not necessarily mean that organizations have expertise on or are actively working
towards each priority listed in this report.
EXECUTIVE SUMMARY
On March 7, 2021, President Biden issued Executive Order 14019 Promoting Access to Voting, a visionary EO
that has the potential to make registration and voting more accessible for millions of Americans, including many
communities historically excluded from the political process. In it, President Biden directs federal agencies
to “consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and
participate in, the electoral process.” This report evaluates 10 federal agencies on their progress in meeting the
goals of this important EO. We find that, while a few agencies have made noteworthy progress, most have either
made minimal progress on their initial strong commitments or have left important opportunities on the table.
Our findings are clear: most federal agencies have room for improvement in their implementation
of the Voting Access EO. Timely action by these agencies—either to follow through on their initial strong
commitments or to make and follow through on new, stronger commitments—is more critical than ever, as efforts
to restrict and suppress the fundamental right to vote proliferate across the country. And federal agency action
can make a real difference. We estimate that, if these agencies integrate a high-quality voter registration
opportunity for the people they serve, as recommended in this report, they could collectively generate
an additional 3.5 million voter registration applications per year. Meeting the full potential of this vital
EO is one of the most significant things President Biden and the leaders of federal agencies can do to promote
voting rights, and doing so would leave a lasting legacy on our democracy.

2 Strengthening Democracy
INTRODUCTION
The fundamental right to vote is once again under attack across much of the country, and access to registration
and voting varies widely by geographic and demographic community. According to the U.S. Census Bureau,
77% of white eligible voters are registered to vote, compared to only 69% of Black eligible voters, 61% of Latinx
eligible voters, 64% of Asian-American eligible voters, and 63% of Native-American eligible voters. Only 64% of
young people (ages 18-24) are registered to vote, a rate 10 percentage points lower than all other age groups.1
Similar disparities exist in turnout rates, including for naturalized citizens, the majority of whom are people
of color and who now represent one in ten eligible voters, but whose turnout rates lag behind their U.S.-born
counterparts.2 Barriers throughout the voting process lead to a similar persistent turnout gap among disabled
voters, who represent about one in six eligible voters.3 These disparities are due to historical and present-day
voter suppression, language-access barriers, intimidation and racism when accessing the ballot, and more.
During the last Presidential election, over 63 million eligible Americans were not registered to vote —
many of them people of color.4

With comprehensive legislation protecting the right to vote facing a difficult path to passage in this Congress,
one of the most powerful tools available at the federal level to protect voting rights and strengthen our democracy
is President Biden’s Executive Order 14019 Promoting Access to Voting (“Voting Access EO”). This visionary
EO could further realize the potential of the National Voter Registration Act by making voter registration more
accessible for millions of Americans, including many communities historically excluded from the political
process.

Issued March 7, 2021, on the anniversary of Bloody Sunday—the 1965 attack on civil rights activists in Selma,
Alabama that helped spark the passage of the Voting Rights Act—the Voting Access EO declares that:

“Executive departments and agencies … should partner with State, local, Tribal, and territorial election
officials to protect and promote the exercise of the right to vote, eliminate discrimination and other
barriers to voting, and expand access to voter registration and accurate election information.”

A key component of the Voting Access EO directs federal agencies to “consider ways to expand citizens’
opportunities to register to vote and to obtain information about, and participate in, the electoral process.” It
affords federal agencies leeway in determining how to comply with its directives, based on what is possible within
their authority and what makes sense in terms of their interactions with the public.

This progress report evaluates 10 federal agencies on their progress in fully achieving the potential of the Voting
Access EO. We estimate that, if these agencies integrate a high-quality voter registration opportunity
for the people they serve, as recommended in this report, they could collectively generate an additional
3.5 million voter registration applications per year.5

1 U.S. Census Bureau, Voting and Registration in the Election of November 2020, April 2021, https://www.census.gov/data/tables/time-series/demo/
voting-and-registration/p20-585.html.
2 Pew Research Center, Naturalized Citizens Make Up Record One-in-Ten U.S. Eligible Voters in 2020, February 26, 2020, https://www.pewresearch.
org/hispanic/2020/02/26/naturalized-citizens-make-up-record-one-in-ten-u-s-eligible-voters-in-2020/.
3 U.S. Election Assistance Commission, Study on Disability and Voting Accessibility in the 2020 Elections, February 2021, https://www.eac.gov/
election-officials/us-election-assistance-commission-study-disability-and-voting-accessibility-2020.
4 U.S. Census Bureau, April 2021.
5 Demos, Federal Agency Voter Registration Estimates of Annual Impact, February 2023, https://www.demos.org/sites/default/files/2023-02/
Voting%20Access%20EO%20Impact%20Estimates.pdf

3 Strengthening Democracy
However, as of today, agencies are far from meeting that potential. While a few agencies have made noteworthy
progress, especially toward improving access to voter registration, most have either made minimal progress on
their initial strong commitments or have left important opportunities on the table. Our findings are clear: most
federal agencies have room for improvement in their implementation of the Voting Access EO.

The good news is, it’s not too late — but agencies must act swiftly over the next several months. As President
Biden himself said, “It is our duty to ensure that registering to vote and the act of voting be made simple and
easy for all those eligible to do so.” In order to meet that duty, most federal agencies must work quickly to do
everything they can to make voter registration and voting more accessible to the millions of eligible voters that
they interact with on a regular basis. This report provides detailed recommendations for what these agencies
can do to better meet the potential of the Voting Access EO.

4 Strengthening Democracy
METHODOLOGY
Evaluation
We evaluate agencies based on both the strength of their commitments in response to the Voting Access EO and
the status of their follow-through, which together represent the progress each agency has made in achieving the
goals of the Voting Access EO. Due to differences in program content, resources, and reach, agencies
were evaluated against their own potential and their actions taken, not against other agencies. We
evaluate agencies’ response to the Voting Access EO based on public announcements from the agency or White
House and information shared by agencies with advocates.

Each agency receives checks based on the milestones they must reach to achieve the full potential of the Voting
Access EO. Milestones include:

✔ Making a benchmark commitment: A benchmark is a high-impact and far-reaching activity that an

agency can feasibly take to meet the full potential of the Voting Access EO. Benchmarks create effective
voter registration opportunities–such as those that follow the National Voter Registration Act (“NVRA”)
model, defined below–during in-person transactions and through online portals that serve millions of
people. In addition, a benchmark voter registration activity specifically targets communities traditionally
excluded from the political process. If an agency has made a commitment to implement at least one
benchmark, they receive a check for this milestone.

✔ Showing timely progress on implementation of benchmark commitments: Agencies should make

good faith efforts to fully implement benchmark commitments on a timeline suitable to their programs.
Making and implementing benchmark commitments is the most important thing an agency can do to effectively
meet the goals of the Voting Access EO. Agencies that have not just made a benchmark commitment but
have also shown evidence of strong follow-through receive a check for this milestone.

✔ Engaging in other effective activities: In addition to making and implementing benchmark

commitments, many agencies have engaged in additional activities that promote access to voting.
Examples include sending guidance letters or providing information about voting to the public. While
these activities are typically not as effective as benchmark commitments at adding people to the voter
registration rolls and closing racialized and income-based registration gaps, they still contribute to
promoting access to registration and voting. Agencies that have undertaken such efforts receive a check
for this milestone.

✔ Achieving full potential: To achieve its full potential, an agency must commit to and fully implement all
its benchmarks, resulting in the successful integration of effective voter registration opportunities into
their everyday interactions with the public whenever possible. Additionally, the agency should take all
possible steps to promote access to voting.

5 Strengthening Democracy
Based on their progress toward the milestones above, agencies are sorted into three tiers. The tiers represent
where each agency is in their response to the Voting Access EO.

I. On the right track: Agencies in this tier made commitments that are on track to approach their full
potential and will lead to the availability of voter registration services that are effective and/or reach broad
populations. Additionally, they are in the process of completing implementation of those commitments. If
these agencies continue on this track, they are in good shape to meet the goals of the Voting Access EO
before the end of President Biden’s current term.

II. Still have work to do: Agencies in this tier made commitments to provide voter registration services that
are effective and/or reach broad populations, but progress on implementation is sluggish or has stalled.
These agencies still have a significant chance to provide meaningful voter registration opportunities, but
they must prioritize follow-through to effectively correct course and begin making progress.

III. Falling behind: Agencies in this tier have either 1) not yet made a benchmark commitment, 2) have made
negligible progress toward implementation of a benchmark commitment, and/or 3) have engaged in few other
impactful activities, even though there are additional meaningful actions within their capacity. Agencies in
this tier must work quickly to course correct and allow sufficient time to take advantage of their full potential
before the end of President Biden’s current term. Presently, these agencies risk missing the opportunity to
provide meaningful voter registration opportunities and promote access to voting for their constituencies.

The National Voter Registration Act (NVRA) Model

In addition to requiring state agencies like clients with assistance in completing those
departments of motor vehicles to offer voter applications. It then requires that agency
registration services, the National Voter officials collect completed voter registration
Registration Act (NVRA) also establishes a applications from clients and deliver them
process for state officials to designate federal to state election officials, who review the
agencies as NVRA voter registration agencies with
applications for eligibility and complete the
the voluntary agreement of the federal agency—
registration process. We refer to this model of
this process is called “NVRA designation.” Once
voter registration services as “NVRA-like” voter
designated, the federal agency should provide
voter registration opportunities and assistance registration throughout this report.
similar to state agencies. While it is not necessary
The NVRA always contemplated designation of
for federal agencies to receive and accept NVRA
federal agencies alongside state agencies, and the
designations to implement high-quality voter
Voting Access EO reemphasizes that opportunity
registration within their programs, nearly 30 years
by specifically encouraging the use of this NVRA
of experience with state agencies demonstrate
that the NVRA provides an excellent model designation process, stating that “to the greatest
for how federal agencies can best incorporate extent practicable and consistent with applicable
nonpartisan voter registration into their programs. law, [agencies shall] agree to such designation.”

The NVRA model is highly effective because it A federal agency inviting and/or accepting
includes distributing actual voter registration designation as an NVRA voter registration agency
applications directly to clients, and providing shows a clear intent to ensure that the eligible

6 Strengthening Democracy
Agency Selection
While all federal agencies must comply with the Voting Access EO to the best of their ability, this progress report
evaluates a specific set of 10 agencies. We selected the agencies and their related programs for inclusion in
this evaluation based on their potential for promoting access to registration and voting for large populations,
feasibility of voter registration in their agency context, and capability to reach marginalized communities in
our political system — especially people of color, people with disabilities, Native Americans, people with limited
English proficiency, newly-naturalized citizens, students, people with low incomes, and people directly impacted
by the criminal legal system. Additionally, these 10 agencies all directly oversee federal programs or services that
have interactions with the public, making them well-suited to provide effective voter registration opportunities.

Agencies Included: Bureau of Prisons (BOP), Department of Education (ED), General Services
Administration (GSA), Indian Health Service (IHS), Department of Health and Human Services (HHS),
Department of the Interior (DOI), U.S. Marshals Service (USMS), Department of the Treasury, U.S.
Citizenship and Immigration Services (USCIS), Department of Veterans Affairs (VA).

This report includes our assessment of high-impact actions each agency can take, a description of each agency’s
response to the Voting Access EO, an assessment of their responses, and specific guidance for what each
agency must do in order to make progress and successfully meet the goals of this important EO. We understand
agencies are considering some of these actions. We hope our analysis showing that such activities would make a
meaningful difference in improving access to registration and voting for the communities they serve helps these
agencies make and follow through on strong commitments.

Not all federal agencies directly operate assistance and to seek NVRA designations.
programs that interact with the public, limiting The Department of Transportation (DOT) is
their ability to provide meaningful voter similarly limited because it does not have direct
registration opportunities—including, for contact with the public, though DOT did release
example, both the Department of Housing and materials encouraging transit providers to adopt
Urban Development (HUD) and the Department a number of best practices to increase access to
of Labor (DOL). Both agencies sent guidance voting. We commend these efforts, but we do not
letters encouraging their partners in state include these agencies in this report because the
and local governments who directly oversee operative decisions about expanding effective
and operate federal agency-funded programs voter registration services in their programs
with direct client engagement to explore the are made by state and local officials — not the
best ways to provide robust voter registration federal agency itself.

7 Strengthening Democracy
SUMMARY FINDINGS
Three agencies are on the right track:
• the Department of the Interior, for making and following through on a strong commitment to offer
high-quality voter registration services at the tribal colleges and universities it operates through
NVRA designations;

• the Department of Veterans Affairs, for making progress toward integrating a high-quality voter
registration opportunity at its health facilities by working to implement NVRA designations in three
states; and

• the Department of the Treasury, for making a concerted effort to promote voter registration access
to the low-income clients of its voluntary tax preparation clinics, and sharing information about voter
registration with millions of Americans through the taxpaying process.

Four agencies still have work to do:

• the Department of Health and Human Services, for making a strong initial commitment to integrate
voter registration into Healthcare.gov, but which has not yet followed through on that promise;

• the General Services Administration, for making modest progress on updating Vote.gov in order
to provide better disability and language access and be more user friendly, but which still has a long
way to go;

• the U.S. Marshals Service (part of DOJ), for making progress on renegotiating their contracts
with state and private jail facilities to ensure eligible voters in federal pre-trial custody can exercise
their voting rights, and for ensuring that new contracts include those requirements, but which has not
committed to other effective activities, such as opening the door to polling places in its contracting
facilities, and leveraging its contracts to ensure ballot access for all eligible voters, not just those in
federal custody; and

• the Bureau of Prisons (part of DOJ), for making a strong commitment to providing voter
registration services to eligible people in federal prisons, but which has been very slow to implement
this commitment.

Three additional agencies are falling behind:

• the Indian Health Service (part of HHS), for initially committing to providing voter registration to
patients at its facilities, but which shows no signs of follow-through on this commitment;

• the Department of Education, for failing to commit to integrate voter registration into the Free
Application for Federal Student Aid (FAFSA) process and failing to follow through on some of the more
modest commitments it already made; and

• the U.S. Citizenship and Immigration Services (part of DHS), for failing to make changes
within its capacity that would improve the provision of voter registration services to the hundreds of
thousands of new citizens it naturalizes every year.

8 Strengthening Democracy
AGENCY PROFILES
On the Right Track

AGENCY Benchmark Commitment: Provide high-quality

DEPARTMENT OF THE INTERIOR (DOI) voter registration services to the eligible
people who attend the two DOI-administered
✔ Benchmark commitment tribal educational institutions, Haskell Indian
✔ Timely progress on implementation Nations University in Kansas and
✔ Engaging in other effective activities Southwestern Indian Polytechnic Institute in
New Mexico.
✘ Achieving full potential
Response to Voting Access EO: DOI accepted
designations from state officials in Kansas
and New Mexico, respectively, for Haskell Indian Nations University and Southwestern Indian
Polytechnic Institute to be voter registration agencies under the NVRA.

Assessment: DOI has made significant progress in meeting the goals laid out by the Voting Access EO.
By accepting NVRA designations for the tribal institutions it operates, DOI has moved to ensure that
eligible students who attend these institutions have regular access to high-quality voter registration
services. Notably, DOI is improving access to registration and voting among a population that has
long been excluded—Native Americans. DOI has further helped to raise awareness about the unique
barriers facing Native voters by translating the landmark report of the Interagency Steering Group
on Native American Voting Rights into six Native languages, in writing and by audio: Navajo, Yup’ik,
Ojibwe, Cherokee, Lakota, and Native Hawaiian.

Recommendation: Now that it has formalized the status of the two tribal institutions as
NVRA voter registration agencies, DOI should continue its work to provide high-quality voter
registration services to the eligible students at these schools as soon as possible. DOI should
consider whether there are any other effective activities it can undertake to advance access to
registration and voting for the communities it serves, especially Native Americans.

AGENCY Benchmark Commitments: Increase voter

DEPARTMENT OF VETERANS AFFAIRS (VA) registration opportunities through the VA’s
medical services and assistance for veterans
✔ Benchmark commitment experiencing homelessness; and add voter
✔ Timely progress on implementation registration opportunities to online
transactions for vocational rehabilitation,
✔ Engaging in other effective activities
employment services, and applications for
✘ Achieving full potential disability compensation.

9 Strengthening Democracy
 On the Right Track continued

Response to Voting Access EO: The VA conducted a survey sent to over 12 million veterans to better
understand their experience with the voter registration process, and to better assist veterans
in overcoming challenges to voter registration. The VA developed a website with nonpartisan
information about voter registration and elections specifically for veterans. Most importantly, the VA
is working on pilot programs for VA health facilities to receive and accept NVRA designations, and
it made specific commitments to accept designations from Kentucky, Michigan, and Pennsylvania.

Assessment: The VA’s follow-through on the benchmark commitment—providing robust voter

registration services to veterans interacting with its health facilities by securing NVRA designations—
has the potential to be extremely impactful. Additionally, while the VA has not yet started work on
adding voter registration information and opportunities to other programs, it has committed to
exploring how to expand access to voter registration resources within its online benefits applications
once the NVRA designations are fully implemented.

Recommendation: The VA must continue to work closely with election officials in Kentucky,
Michigan, and Pennsylvania to finalize NVRA designation agreements to ensure veterans
in those states receive the high-quality voter registration services required by the NVRA.
Further, the VA should work to secure designations in additional states and follow through
on its commitment to fully explore adding voter registration to its online benefits applications.
Moreover, the VA should also take steps to assist veterans experiencing homelessness with
registration and voting, and provide assistance with voter registration to veterans with past
felony convictions wherever allowed by applicable state law.

AGENCY Benchmark Commitments: Incorporate voter

DEPARTMENT OF THE TREASURY registration assistance into the services provided
through the tax clinic assistance program,
✔ Benchmark commitment Volunteer Income Tax Assistance (VITA), which
provides tax assistance to low income individuals
✔ Timely progress on implementation
across the county. Make the provision of voter
✔ Engaging in other effective activities registration services to clients a requirement for
✘ Achieving full potential all grantees who receive federal funding to
administer these tax clinic assistance programs.

Response to Voting Access EO: In 2021, the

Internal Revenue Service (IRS) sent out guidance to VITA grantees explaining that grantees were
permitted to provide voter registration assistance to their clients. The IRS also started tracking the
number of VITA grantees who provided such assistance as part of their programs. In 2022, the IRS
added robust information about providing voter registration assistance to their mandatory training
for all VITA grantees and volunteers, and it added information about voter registration and access to
Vote.gov to many of the VITA program materials, including the form that all taxpayers must complete
as part of the program registration process. The IRS has also included voter registration information

10 Strengthening Democracy
 On the Right Track continued

referring taxpayers to Vote.gov in the Form 1040 Instructions both online and in print. Treasury
added a tagline on mailers to certain benefit recipients encouraging them to register to vote.

Assessment: The Department of the Treasury is making good progress toward meeting the goals of
the Voting Access EO. While the IRS has not made voter registration services a mandatory part of
the VITA grant services, it was very timely in achieving the benchmark commitment of incorporating
voter registration into the VITA program. By focusing on the VITA program, Treasury is helping to
address persistent income-based gaps in voter registration by improving access to voter registration
among people with low incomes.

Recommendation: Treasury should make voter registration services a mandatory part of the
VITA program or take further steps to encourage more grantees to provide voter registration
services, for example, by implementing pilot voter registration assistance programs at some
sites to demonstrate their feasibility and efficacy, which can then be scaled to additional sites
over time.

Still Have Work to Do

AGENCY
Benchmark Commitment: Effectively integrate
DEPARTMENT OF HEALTH AND voter registration into the actual application for
HUMAN SERVICES (HHS) benefits on Healthcare.gov, including providing
assistance with voter registration by navigators
✔ Benchmark commitment and other customer service representatives.
✘ Timely progress on implementation
Response to Voting Access EO: The Health
✔ Engaging in other effective activities Resources and Services Administration within
HHS issued guidance for nearly 1,400 federally-
✘ Achieving full potential funded community health centers, clarifying the
ways in which those health centers are permitted
to support voter registration efforts. These health
centers have more than 14,000 service delivery sites providing primary care to nearly 29 million
patients in underserved areas in every state across the country. The Office of Disease Prevention and
Health Promotion (ODPHP) is assessing inclusion of voter participation as a core objective in Healthy
People 2030, which identifies the nation’s public health priorities for a decade. The Administration for
Community Living committed to launching a new voting access hub to connect older adults and people
with disabilities to information, tools, and resources to help them understand and exercise their right
to vote. Most significantly, in December 2021, the Centers for Medicare & Medicaid Services (CMS)
committed to the benchmark goal of providing voter assistance to users of Healthcare.gov by making

11 Strengthening Democracy
 Still Have Work to Do continued

it easier for consumers using HealthCare.gov to connect to voter registration services and receive
voter registration assistance.

Assessment: The guidance to federally-funded community health centers was very helpful, allowing
for increased access to voter registration assistance to millions of Americans with lower incomes.
Recognition of voter participation as a public health priority in Healthy People 2030 will facilitate
the ability of HHS to promote civic engagement by its constituents. And CMS’ commitment to the
benchmark of integrating voter registration into HealthCare.gov is tremendous. This step would
mean that each year more than 8 million users in states that use the federal exchange, HealthCare.gov
would have a meaningful voter registration opportunity. Many of these people have moderate or
low incomes, and most of them live in states where voter registration is relatively difficult. However,
progress on this transformative step has been very slow-moving. Additionally, while the commitment
to create a voting access hub to connect older adults and people with disabilities to voting information
will be impactful, it is similarly unclear whether there has been any follow-through on implementation.

Recommendation: HHS should immediately take steps to ensure that updates to HealthCare.gov
to include a voter registration opportunity within the application are fully operational by
the open enrollment period starting in the fall of 2023. HHS should continue the Secretarial
approval process for the Healthy People 2030. HHS should also do whatever is necessary to
launch the promised voting information hub for older adults and people with disabilities.

AGENCY Benchmark commitment: Improve access to

US MARSHALS SERVICE, PART OF THE registration and voting for all eligible people
DEPARTMENT OF JUSTICE (USMS) detained by USMS in federal facilities by 1)
amending all USMS contracts with state and
✔ Benchmark commitment private jail facilities that hold individuals in
federal pre-trial custody to include commitments
✔ Timely progress on implementation from state jail officials to provide voter
✘ Engaging in other effective activities registration and voting assistance to all eligible
individuals; 2) ensuring that all new contracts
✘ Achieving full potential include this language; and 3) pursuing additional
methods of expanding access to the ballot, such
as encouraging facilities to become polling places.

Response to Voting Access EO: The USMS issued a directive to expand access to voting for people
in USMS custody. USMS has also disseminated a memo directing that all contracts be modified
to include language requiring the facility to provide individuals held in federal custody education
materials related to voter registration and voting access, upon request and “to the extent practicable
and appropriate,” and to facilitate voting by mail. All new state contracts now include those access to
voting provisions. It has issued modifications on some of its contracts and agreements and estimates
that 86% of the individuals held in USMS custody are in facilities covered by the voter access clauses.

12 Strengthening Democracy
 Still Have Work to Do continued

The USMS has also elaborated on its vision for voting access for individuals in federal custody:
providing educational materials (on request), facilitating voting by mail, and a commitment to
working with state and local election officials. And the USMS has committed to evaluating the extent
to which the detention facilities with which it contracts are providing meaningful voting access in its
annual reviews.

Assessment: USMS has held true to its commitment to issue contract modifications and ensure that
all new contracts include voter access requirements, which represents a significant step in promoting
voting access among eligible people in its custody. However, it has not made the specific language
of those directives public. Moreover, based on its description of its voting access policies, there is
much room for improvement. Progress on this significant commitment would go a long way toward
facilitating access to registration and voting among a population—disproportionately people of color
and people with low incomes—that is all too often locked out of democratic participation. Additionally,
USMS’ commitment to annual evaluation of facility compliance is an important step, though the
results of these reviews will not be made public, making it harder for advocates to ensure compliance
and accountability to the voting access changes USMS is endeavoring to make.

Recommendation: The USMS should ensure that its contracts include provisions requiring
facility-wide voting access mechanisms, not just actions targeted towards individuals in
federal custody. Further, its directives should make assistance available for accessing ballots
in the ordinary course of operations, not just when requested. The language in its contracts
should also leave room for facilities to become polling places, the gold standard of ballot access
for incarcerated people, rather than specifying that it will help people vote by mail only. Finally,
the USMS should commit to making public its annual assessment of voter access at covered
facilities.

AGENCY Benchmark Commitments: Provide voter

BUREAU OF PRISONS, PART OF THE registration services to all people in federal
DEPARTMENT OF JUSTICE (BOP) prison who remain eligible to vote in their home
state, regardless of where they are imprisoned.
✔ Benchmark commitment Provide information to individuals throughout
✘ Timely progress on implementation their incarceration and upon their release from
custody about their voting eligibility and, for
✔ Engaging in other effective activities those who lost eligibility while incarcerated,
about the pathway to restoration of their voting
✘ Achieving full potential
rights.

Response to Voting Access EO: BOP committed

to facilitating assistance with voter registration and voting for all eligible incarcerated voters. BOP
also made available some resources, including forms and information, on their Trust Fund Limited

13 Strengthening Democracy
 Still Have Work to Do continued

Inmate Computer System (TRULINCS), in order to assist eligible voters in BOP custody with voter
registration and voting. And in March 2022, BOP issued an informational handout, “Voting Rights
for Incarcerated Individuals,” that provides information for incarcerated people about their voting
rights and the voting process.

Assessment: BOP’s commitment is exemplary. If comprehensively implemented, it should

significantly increase voting access for eligible voters incarcerated in BOP facilities—who face some
of the highest hurdles to participating in our democracy. Many eligible voters with felony convictions
do not even know they remain eligible to vote, in addition to the lack of opportunity to register or vote.
Further, because our criminal legal system targets people of color for arrest and harsh sentencing,
disenfranchised people in prison are disproportionately people of color, and many are people with
low incomes. While BOP issued some helpful materials and has been working on making changes to
provide voter registration services to eligible individuals under federal custody or control, they have
been slow to implement such changes.

Recommendations: BOP should implement policies reflecting the best practices provided by
advocacy groups to ensure that all eligible individuals in federal prison across the country
have access to robust voter services by the end of 2023. BOP should also ensure that high-
quality information about voting rights is consistently provided during incarceration and
when individuals are released from custody.

AGENCY Benchmark commitments: Improve Vote.gov as

GENERAL SERVICES ADMINISTRATION an accessible platform that effectively serves
voters of all backgrounds, capabilities, language
✔ Benchmark commitment abilities, and geographies. This should include,
among other things, providing meaningful
✘ Timely progress on implementation assistance to potential voters who cannot use
online voter registration systems or live in states
✔ Engaging in other effective activities
without online voter registration. Make a
✘ Achieving full potential commitment to continuous improvement over
time, to ensure for the optimal customer
experience on USA.gov and Vote.gov.

Response to Voting Access EO: GSA committed to making Vote.gov (with its companion page on
USA.gov) a user-friendly portal for Americans to find the information they need most to register,
vote, and understand elections. It also committed to expanding language access and disability access
to Vote.gov and USA.gov.

Assessment: GSA has made significant strides in improving the language accessibility of Vote.gov –
there are currently 12 languages available on Vote.gov, including two Native American and Alaska
Native languages, with more on the way. Despite GSA’s benchmark commitment and appointment

14 Strengthening Democracy
 Still Have Work to Do continued

of dedicated staff to improve the usability and disability access of Vote.gov, until recently, very little
progress has been made on these goals due to unforeseen circumstances. Currently, GSA is working
with the Election Assistance Commission to make a more accessible digital federal voter registration
form. GSA is also developing a series of voter registration guides to assist individuals who experience
barriers to voting, including individuals who are unhoused, new U.S. Citizens, and individuals with
felony convictions. Improvement to the accessibility and usability of Vote.gov, and the federal voter
registration form, are especially important to the overall success of the Voting Access EO because
several agencies are pointing potential voters to Vote.gov as a resource for voter registration.

Recommendation: GSA should expedite its modernization work so these current projects can
be completed by the end of 2023, and it should conduct additional accessibility and usability
improvements in an ongoing way after that. Beyond the voter registration guides already
planned, GSA should include a voter guide for people with disabilities and should make sure
its voter guidance will be readily available and accessible to users of USA.gov and Vote.gov.
In pursuing accessibility, GSA should look to the recommendations made by the National
Institute of Standards and Technology (NIST) in its report on Promoting Access to Voting:
Recommendations for Addressing Barriers to Private and Independent Voting for People
with Disabilities (NIST Special Publication 1273), researched and written in response to
the Voting Access EO. The report includes recommendations on making voter registration
forms and online voter information and registration portals accessible, and NIST consulted
with organizations with expertise on voting access for people with disabilities in compiling
the report. GSA should also explore signature capture to expand voter registration access to
people in states without online voter registration. Finally, GSA should make sure that Vote.gov
improvements address general usability and effectiveness in addition to the very important
improvements to accessibility.

15 Strengthening Democracy
 Falling Behind

AGENCY Benchmark Commitment: Utilize its unique

INDIAN HEALTH SERVICE, PART OF presence in Indian Country to promote access to
THE DEPARTMENT OF HEALTH AND voting by 1) offering high-quality voter
HUMAN SERVICES (IHS) registration services, including assistance, to
patients at federally-run IHS facilities, 2)
✔ Benchmark commitment supporting tribes to offer similar voter
registration services at tribally-run IHS
✘ Timely progress on implementation
facilities; and/or 3) working with states and
✘ Engaging in other effective activities tribes to designate IHS & tribally-run facilities
as NVRA voter registration agencies.
✘ Achieving full potential
Response to Voting Access EO: IHS committed
to offering its patients assistance with voter
registration.

Assessment: Unfortunately, there is no evidence to date that IHS has done any work to follow through
on this commitment, which would be transformative for increasing voter access in Indigenous
communities, where eligible voters face some of the highest hurdles to voting and experience some of
the lowest registration rates in the country. IHS serves approximately 2.6 million American Indian
and Alaska Native people each year, many of whom are not registered to vote and would likely take
advantage of the opportunity to register alongside their routine visits to IHS-run and tribally-run
facilities (also known as 638-compacting facilities).

Recommendation: IHS should begin working to provide NVRA-like voter registration services
immediately. If offering voter registration at all IHS-run facilities is impractical at this time,
IHS should identify a handful of facilities where integrating voter registration assistance is
possible, and it should pursue pilot programs at these facilities, possibly through initial NVRA
designations, with the goal of eventually expanding to all facilities (although designation is not
required for IHS to follow through on its benchmark commitment). Further, IHS should work
with interested tribes to support the integration of voter registration opportunities at health
facilities run by tribes.

16 Strengthening Democracy
 Falling Behind continued

AGENCY Benchmark Commitments: Improve access to

DEPARTMENT OF EDUCATION (ED) voter registration opportunities for students by
1) adding information about voter registration in
✘ Benchmark commitment the Free Application for Federal Student Aid
(FAFSA) application process, both by including a
✘ Timely progress on implementation link to Vote.gov in both the electronic and hard
✔ Engaging in other effective activities copy Student Aid Report (SAR) that students
receive after submitting their FAFSA applications,
✘ Achieving full potential and by including a voter registration form with
every mailed copy of the SAR; 2) providing clear
guidance to institutions of higher learning about
the use of work-study funds for civic engagement
work done by nonpartisan organizations not affiliated with the institutions; and 3) providing robust
guidance to institutions of higher learning about their legal obligations to provide voter registration
under the Higher Education Act (“HEA”), which includes best-practice examples.

Response to Voting Access EO: In September 2021, ED committed to providing a toolkit that addresses
effective ways institutions of higher learning can meet their HEA obligations and provide assistance
with voter registration, along with additional guidance about providing access to registration and
voting information in education environments beyond institutions of higher learning. Additionally,
ED sent a letter to institutions of higher education highlighting their responsibilities under the HEA
to make a good faith effort to distribute voter registration forms to the more than 18 million students
enrolled in these institutions. The letter addressed voter registration, offered guidance about federal
work-study for on-campus voter registration, recruiting poll workers from the campus community,
and encouraging institutions to serve as voting sites.

Assessment: The letter the Department sent was impactful and helped to significantly encourage
institutions of higher learning to improve their compliance with HEA obligations. However, ED is
missing a huge opportunity. Even though ED is currently working on updates to the SAR, the agency
has not committed to adding voter registration information to the updated SAR. Such an update
would reach millions of individuals. For example, according to data from the Department of Education
in the 2020-2021 Application Cycle, almost 18 million individuals submitted FAFSA applications.
According to the most recent National Postsecondary Student Aid Study, 84% of Black students, 74%
of Hispanic students, 68% of Asian students, and 75% of Native American students complete the
FAFSA. Integrating voter registration into the FAFSA application process would help to reach young
voters who often have difficulties navigating the onerous registration process. Even more concerning,
ED has not completed the only benchmark to which it committed: its September 2021 commitment to
distribute a voter registration toolkit. Because this toolkit has not been released yet, it is not possible
to evaluate if it will achieve the benchmark of providing the needed robust guidance to institutions of
higher learning about their legal obligations under HEA.

17 Strengthening Democracy
 Falling Behind continued

Recommendation: ED should commit to and follow through on adding voter registration

opportunities to the SAR. ED should also immediately issue the long-promised toolkit,
with robust guidance to institutions of higher learning about legal obligations to provide
voter registration under the HEA, and useful information for providing voter registration
opportunities in other educational environments. ED should also provide improved guidance on
the use of work-study funds. If ED successfully implements these options, it could significantly
improve youth voter registration and meet the goals of the Voting Access EO.

AGENCY Benchmark Commitment: Improve existing

U.S. CITIZENSHIP AND IMMIGRATION operations to ensure new citizens have a high-
SERVICES, PART OF THE quality opportunity to register to vote
DEPARTMENT OF HOMELAND immediately after taking their oath of citizenship
SECURITY (USCIS) by: 1) requiring USCIS staff to offer NVRA-like
voter registration services at naturalization
✘ Benchmark commitment ceremonies if state/local election officials or
✘ Timely progress on implementation third-party nonprofits cannot be present to offer
services, or 2) creating an alternative process for
✔ Engaging in other effective activities transferring voter information to state and local
officials and agencies, for all new citizens who opt
✘ Achieving full potential to be registered. Whichever option USCIS
pursues, it must also offer similar services and
opportunities to new citizens naturalized at
judicial ceremonies at federal courthouses (the current policy only covers administrative ceremonies).
Additionally, mandate that USCIS staff take steps to facilitate the effectiveness of voter registration
conducted by state/local election officials and third-party groups at naturalization ceremonies, such
as announcing the presence of those who can help new citizens register post-naturalization, and
allowing those entities to set up tables in a prominent location.

Response to Voting Access EO: DHS re-stated that it would invite state and local governments and
nonpartisan, nonprofit organizations to register voters at the end of the naturalization ceremonies
facilitated by USCIS. USCIS said it will develop a new online resource on voting for recently
naturalized citizens. And USCIS sent a short letter to all field offices reminding them about the
existing policies on voter registration services.

Assessment: USCIS has not committed to any of the benchmarks that could meet the goals of the
Voting Access EO. DHS/USCIS’ commitment to date is simply a restatement of its existing policy;
USCIS staff are already required to invite state and local governments and nonpartisan, nonprofit
organizations to register voters after naturalization ceremonies. This existing policy sets USCIS
apart, and in some ways ahead, of other agencies who do not currently offer any voter registration
opportunities. Yet, there is more USCIS can and should do. Further, the online resource for new

18 Strengthening Democracy
 Falling Behind continued

citizens is minimal—simply a reminder that they are now eligible to vote and a link to Vote.gov—and
is not likely to result in the registration of many newly naturalized citizens, particularly because
language assistance for the voter registration information is only available in Spanish. The letter the
agency sent to USCIS field offices alone will not be nearly enough for USCIS to reach its potential or
meet the goals of the Voting Access EO. USCIS is unique among federal agencies in that it operates a
program—the naturalization program—that involves direct interaction with hundreds of thousands of
people who, by nature of being new citizens, are eligible to vote but unregistered. And USCIS’ strong
positioning to lead on this has only increased as the agency has made significant reductions to the
citizenship application backlog and as it increases naturalizations (with 855,000 naturalizations in
Fiscal Year 2021 and 1,023,200 naturalizations in Fiscal Year 2022). Critically, many of these new
potential voters represent communities marginalized in the democratic process, including people
with limited English proficiency, people of color, people with low incomes, young people, and others.

Recommendation: We commend USCIS for beginning to offer voter registration services to

some newly naturalized citizens many years ago, and we encourage them to commit to, and
follow through on, one or more of the benchmark commitment opportunities described here
as soon as possible, so that all newly naturalized citizens who want it have a meaningful
opportunity to register to vote. USCIS should also invite and accept NVRA designations of its
local offices.

19 Strengthening Democracy
CONCLUSION
President Biden’s Executive Order on Promoting Access to Voting offers an unprecedented opportunity
to expand access to voter registration to millions of eligible voters, especially in communities traditionally
marginalized in our democracy. Many federal agencies have begun highly impactful projects that, if completed,
would achieve the goals of the EO to improve voter education and increase access to registration and voting.
However, for the EO to have the most meaningful and far-reaching impact, federal agencies must prioritize
implementation, and in some cases, make stronger commitments that embrace their full potential. We urge
these 10 federal agencies to enact the recommendations outlined in this report. Moreover, all federal agencies —
including those not covered in this report — should reexamine what is possible in order to further the vital goals
of this EO and help increase participation in our democracy.

20 Strengthening Democracy
SOURCES
National Voter Registration Act of 1993, 52 U.S.C. §§ 20501 et seq., May 20, 1993, see also § 20506(a)(3)(B).

The White House, Executive Order 14019 Promoting Access to Voting, March 7, 2021, https://www.whitehouse.
gov/briefing-room/presidential-actions/2021/03/07/executive-order-on-promoting-access-to-voting/

The White House, Press Release, Fact Sheet: Biden Administration Promotes Voter Participation with
New Agency Steps, September 28, 2021, https://www.whitehouse.gov/briefing-room/statements-
releases/2021/09/28/fact-sheet-biden-administration-promotes-voter-participation-with-new-agency-steps/

The White House, Press Release, Fact Sheet: The Biden-Harris Administration is
Taking Action to Restore and Strengthen American Democracy, December 8, 2021,
https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/08/
fact-sheet-the-biden-harris-administration-is-taking-action-to-restore-and-strengthen-american-democracy/

The White House, Press Release, Fact Sheet: Biden-Harris Administration Releases Report on Native American
Voting Rights, March 24, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/24/
fact-sheet-biden-harris-administration-releases-report-on-native-american-voting-rights/

American Council on Education, Race and Ethnicity in Higher Education: A Status Report, 2019,
Chapter Seven: How Students Finance Undergraduate Study, Figure 1.7: FAFSA Completion
Rates, by Race and Ethnicity: 2015—16, https://www.equityinhighered.org/indicators/
how-students-finance-undergraduate-study/fafsa-completion-rates/

Centers for Medicare & Medicaid Services, 2022 Marketplace Open Enrollment Period
Public Use Files, June 2022, https://www.cms.gov/research-statistics-data-systems/
marketplace-products/2022-marketplace-open-enrollment-period-public-use-files

Demos, Federal Agency Voter Registration Estimates of Annual Impact, February 2023, https://www.demos.
org/sites/default/files/2023-02/Voting%20Access%20EO%20Impact%20Estimates.pdf

Health Resources and Services Administration, Voter Registration and Health Centers, March 2022, https://
bphc.hrsa.gov/compliance/scope-project/voter-requirements

Indian Health Service, IHS Profile, Population Serve, January 2020, https://www.ihs.gov/newsroom/
factsheets/ihsprofile/

National Institute for Standards and Technology, NIST Special Publication 1273 Promoting Access to Voting:
Recommendations for Addressing Barriers to Private and Independent Voting for People with Disabilities,
March 2022, https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1273.pdf

National Student Clearinghouse Research Center, Current Term Enrollment Estimates: Fall 2022, https://
nscresearchcenter.org/current-term-enrollment-estimates/

Pew Research Center, Naturalized Citizens Make Up Record One-in-Ten U.S. Eligible
Voters in 2020, February 26, 2020, https://www.pewresearch.org/hispanic/2020/02/26/
naturalized-citizens-make-up-record-one-in-ten-u-s-eligible-voters-in-2020/

21 Strengthening Democracy
U.S. Census Bureau, Voting and Registration in the Election of November 2020, April 2021, https://www.census.
gov/data/tables/time-series/demo/voting-and-registration/p20-585.html

U.S. Citizenship and Immigration Services, Citizenship Resource Center, New U.S. Citizens, September 24,
2021, https://www.uscis.gov/citizenship-resource-center/new-us-citizens

U.S. Election Assistance Commission, Study on Disability and Voting Accessibility

in the 2020 Elections, February 2021, https://www.eac.gov/election-officials/
us-election-assistance-commission-study-disability-and-voting-accessibility-2020

U.S. Department of Education, National Center for Education Statistics, The National Postsecondary Student
Aid Study (NPSAS), 2016, https://nces.ed.gov/surveys/npsas/

U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Letter to Public
Housing Authorities on Voter Registration Activities, February 9, 2022, https://nlihc.org/sites/default/files/
PIH_Announcement.pdf

U.S. Department of Justice, BOP Voting Handout: Voting Rights for Incarcerated Individuals, March 23, 2022,
https://www.justice.gov/d9/fieldable-panel-panes/basic-panes/attachments/2022/03/23/bop_voting_
handout.pdf

U.S. Department of Labor, Press Release, U.S. Department of Labor issues guidance to states, territories
to designate American Job Centers as voter registration agencies, March 25, 2022, https://www.dol.gov/
newsroom/releases/eta/eta20220325

U.S. Department of Transportation, Federal Transit Administration, Transit Programs Increase Access to
Voting, July 1, 2022, https://www.transit.dot.gov/funding/grants/transit-programs-increase-access-voting

U.S. Department of Veterans Affairs, News Release, VA promotes greater access to voter information
to Veterans and Families, March 24, 2022, https://www.va.gov/opa/pressrel/pressrelease.
cfm?id=5776#:~:text=VA%20launched%20a%20survey%20to,addressing%20and%20overcoming%20any%20
challenges

U.S. Department of Veterans Affairs, How Veterans Can Register to Vote, October 12, 2022, https://www.
va.gov/initiatives/vote/

U.S. Federal Bureau of Prisons, Voting Resources, https://www.bop.gov/inmates/custody_and_care/voting_

resources.jsp

U.S. Federal Register, U.S. Department of Education, 87 FR 10347, Docket No. ED-2022-SCC-0024, Agency
Information Collection Activities; Comment Request; 2023-2024 Free Application for Federal Student Aid
(FAFSA), February 24, 2022, https://www.federalregister.gov/documents/2022/02/24/2022-03868/
agency-information-collection-activities-comment-request-2023-2024-free-application-for-federal

22 Strengthening Democracy