Sen. Coons introduces bill to ensure Americans are still able to vote during the COVID-19 pandemic

WASHINGTON – Today, U.S. Senator Chris Coons (D-DE), Ranking Member of the Appropriations subcommittee responsible for the Election Assistance Commission, joined U.S. Senators Amy Klobuchar (D-MN) and Ron Wyden (D-OR) to introduce legislation that would ensure Americans are still able to vote by expanding early in-person voting and no-excuse absentee vote-by-mail to all states. The legislation comes as confusion surrounded whether Ohio’s primary would take place this week and following announcements by Louisiana and Georgia officials that they are postponing their April presidential primaries.

“Access to the ballot box is core to our democracy. As the COVID-19 pandemic continues to disrupt Americans’ lives, we need to ensure that everyone is still able to exercise their constitutional right to vote in the midst of this crisis,” said Senator Coons. “Voters will be electing the leaders who will manage the aftermath of this pandemic.  By expanding early in-person voting and voting by mail, Americans across the country will still be able to participate in upcoming elections without risking their health and safety.”

Natural disasters and public health emergencies are occurring more frequently and with greater impact than ever before, affecting the ability of victims and first responders to vote on Election Day. The lack of voting options and sufficient emergency ballot procedures can leave voters disenfranchised. COVID-19, hurricanes Harvey and Irma, and the wildfires in the Western United States are recent examples of the damage and disruption that public health emergencies and natural disasters can cause. We have already seen limited incidences of poll workers not showing up on Election Day this year due to fears of the coronavirus. The recent tornadoes in Tennessee on Super Tuesday also greatly impacted voting in the state. With fears of catching the coronavirus, the priority must be to reduce the number of people voting in person at any given time, by allowing for early voting and for all people to be able to vote from their homes using vote-by-mail.

Emergencies in the proximity of an election day can have a lasting impact as polling places deal with flooding, lack of power, or other unsafe conditions. The Natural Disaster and Emergency Ballot Act represents a commonsense solution to ensure that the 2020 elections, and future elections, are resilient to emergencies, as well as the protection of voting rights of those in harm’s way and emergency responders.

In addition to Coons, Klobuchar, and Wyden, Senators Mazie Hirono (D-HI), Tammy Baldwin (D-WI), Bernie Sanders (I-VT), Ed Markey (D-MA), Chris Van Hollen (D-MD), Cory Booker (D-NJ), Tina Smith (D-MN), Kamala Harris (D-CA), Doug Jones (D-AL), Dianne Feinstein (D-CA), Gary Peters (D-MI), Dick Durbin (D-IL), Jeff Merkley (D-OR), Chris Murphy (D-CT), Debbie Stabenow (D-MI), Mark Warner (D-VA), Richard Blumenthal (D-CT), Patty Murray (D-WA), Tom Udall (D-NM), Tammy Duckworth (D-IL), and Elizabeth Warren (D-MA) are cosponsors. 

The bill would specifically:

·       Ensure that voters in all states have 20 days of early in-person voting and no-excuse absentee vote-by-mail and ensure states begin processing votes cast during early voting or vote-by-mail 14 days before Election Day to avoid delays in counting votes on Election Day.

·       Guarantee that all voter registration applications submitted by mail or online at least 21 days prior to Election Day are deemed valid. Allow any state to have a deadline that is closer to Election Day.

·       Require states and jurisdictions to establish a publicly available contingency plan to enable eligible Americans to vote in the case of an emergency and establish an initiative to improve the safety of voters and poll workers and recruit poll workers from high schools and colleges as well as from other State and local government offices. 

·       Provide all voters with the option of online requests for absentee ballots and require states to accept requests received at least 5 days prior to Election Day. Allow any state to have a deadline that is closer to Election Day.

·       Guarantee the counting of absentee ballots postmarked or signed before the close of the polls on Election Day and received on or before the 10 days following Election Day.

·       Ensure states provide self-sealing envelopes with prepaid postage for all voters who request a voter registration application, absentee ballot application, or an absentee ballot.

·       Require states to offer their downloadable and printable absentee ballots under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to domestic voters who requested but did not receive an absentee ballot for the 2020 election and to voters with disabilities who requested an absentee ballot and reside in a state that does not offer secure accessible remote ballot marking.

·       Charge the Election Assistance Commission with creating a uniform domestic downloadable and printable absentee ballot that can be used starting in 2022.

·       Direct all states that do not already use ballot tracking systems to use envelopes with an Intelligent Mail barcode (IMb) to allow voters to track their ballot for the 2020 general election and successive elections until a state implements a domestic ballot update service. 

·       Charge the Cybersecurity and Infrastructure Security Agency (CISA), in consultation with the General Services Administration (GSA), Election Assistance Commission, and the United States Postal Service to create a domestic ballot update service for election officials to provide voters with updates on their ballot for the 2024 election and beyond.

·       Ensure states implement a specified signature curing procedure to allow voters the opportunity to address a signature mismatch.

·       Provide additional accommodations for Native American voters including allowing tribes to designate ballot pickup and drop-off locations and not requiring a residential address for election mail.

·       Authorize funds necessary to reimburse states for the cost of implementing the Act, such as providing additional absentee ballots and prepaid postage, and purchasing additional ballot scanners and absentee ballot drop boxes.

·       Authorize funds necessary to reimburse states for the cost of developing or purchasing and implementing secure remote ballot marking to enable voters with disabilities to mark their ballots at home and vote by mail.

·       Provide $3 million in additional funds to the Election Assistance Commission for supporting states in implementing the Act.

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Sens. Carper, Coons vote to pass COVID-19 relief legislation; bill now heads to President’s desk

WASHINGTON – Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.) voted to pass the Families First Coronavirus Response Act, which the House of Representatives passed on a bipartisan basis last week. The bill will provide free testing for COVID-19, provide paid leave for many Americans, bolster unemployment and nutrition aid programs, and more.

“I want to applaud my Democratic House colleagues, including Speaker Pelosi, who worked with the Trump Administration and Republicans in the House and the Senate to craft this bipartisan bill. This package will help states like Delaware and the health care workers who are on the front lines of this public health crisis slow the spread of the virus and keep our communities safe and healthy,” said Senator Carper. “The Families First Coronavirus Response Act ensures that critical testing for the coronavirus is free. We simply cannot know the extent of this crisis until we are able to test more Americans to see if they are infected and provide care to those who need it. This bill also makes sure that paid leave is available for many hard-working Americans, and nutrition assistance programs are accessible to our seniors and students. As Delaware continues to respond to the coronavirus outbreak, this bill will also provide an additional $100 million for our state’s Medicaid program to ensure the most vulnerable populations have access to the critical health care and services they may need during this time. While I am glad that this important bill that will provide much-needed relief to our communities is now on its way to the President’s desk to be signed into law, I want to be clear that this is certainly not the last step we should take to effectively respond to this public health crisis. The coronavirus outbreak is ever-changing and it will require all of us – on the federal, state, and local levels of government – to stay nimble and act quickly to help the millions of hard-working Americans and small businesses affected by this crisis.” 

“The best way to slow and then stop the spread of this virus is to ensure that tests are widely available and that people can access the health care they need,” said Senator Coons. “To do that, we need to invest government resources in emergency paid leave, student meal assistance, unemployment insurance, and much more to help impacted American workers and their families. The Families First Coronavirus Response Act makes important strides in all of these areas, but there’s more work to be done.  I’m already working with my Republican and Democratic colleagues to pass additional legislation as soon as possible to provide additional aid to families and small businesses who are already being impacted by this crisis.”

The Families First Coronavirus Response Act includes:

• Free coronavirus testing for everyone who needs a test, including the uninsured;

• Paid emergency leave for many workers with both 2 weeks of paid sick leave and up to 10 weeks of additional paid family and medical leave;

• Assistance for states struggling to handle a surge in unemployment, an important first step to help affected workers;

• Strengthened food security initiatives, including SNAP, student meals, seniors’ nutrition, and food banks;

• Clear protections for frontline workers, including health care workers and other workers who are in contact with those who have been exposed or are responsible for cleaning at-risk places;

• Increased federal funds for Medicaid, as states face increased costs, which will provide $100 million to Delaware.

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[VIDEO] Sen. Coons: “Focus on workers and families” in third stimulus package

WASHINGTON – U.S. Senator Chris Coons joined MSNBC’s Katy Tur to provide an update on the Senate’s plan for economic relief during the pandemic of COVID-19, the disease linked with a novel coronavirus.

 “I’m supporting a proposal that will freeze people’s requirements to make payments on federally guaranteed loans. So whether that is a home mortgage or a business loan or a student loan that would have an impact across millions of families and businesses across our country,” Senator Coons said. “We should take up and pass today the roughly $100 billion Family First bill that has come over from the House, and what the average American needs to see is not partisan bickering in the Senate, but our working together to find a sustainable package that can move us forward.”

Audio and video are available here. A transcript is below. 

Q:  Senator, thank you for being here with us. What’s happening right now?

Sen. Coons: Well Katy, the Families First Coronavirus Response Act has been passed by the House and is waiting for action here in the Senate. It’s my hope and expectation that we will take it up and pass it later today. The Republican caucus has just finished their lunch with Secretary Mnuchin. Senator Schumer and the Democratic Caucus has put forward what I think is a bold plan for the next round of stimulus that we’re going to need. This focuses on making sure that families and workers who are most at risk from this infection get the support and assistance they need while also recognizing that lots of the small businesses where people work are facing significant challenges. We’ve had a very long conference call of our caucus – we’re not meeting in person – to talk through a range of ideas. How to deal with voting by mail for the primaries that will happen after today’s primary, how to provide support through loans or grants to small businesses, how to make sure that the workers who are most likely to be laid off get quick access to expanded unemployment insurance and sick pay, and frankly how to make sure that the medical equipment that you were just talking about gets delivered to our strained public health resources all across the country.

Q: So I have a lot of questions and I’m going to break them down. First let’s start with what is going to go into American’s pockets quickly. Treasury Secretary Mnuchin was saying today that a cash infusion, direct checks to Americans, the talk is that it’s going to be $1000 for everybody making less than $1 million. That is great to get into Americans pockets right now, but for many people it is not nearly enough. What do you say to that?

Sen. Coons: That’s right, Katy. It’s certainly one of the things that will be discussed here this week, but I’m supporting a proposal that will freeze people’s requirements to make payments on federally guaranteed loans. So whether that is a home mortgage or a business loan or a student loan that would have an impact across millions of families and businesses across our country. I think a one-time cash payment of $1000 is far below what we need to be seriously considering, and we need to make sure that before we sign on to some massive bailout of industries, that we focus on workers and families, and on making sure that longer term sustained support for things like unemployment insurance, retraining and skilling, access to health insurance and health care, those are provided. Unemployment insurance for the folks who are facing layoffs right now can put $20-$25,000 in a family’s pocket over the course of the year. That’s more important than a one-time $1,000 check.

Q: Bill De Blasio, New York City’s mayor was saying that the shutdown of businesses across the city could last over the summer, could last into September. That is so much money I can’t even fathom it. Not to mention just the individual suffering that that would cause among those who need to pay rent, need to pay their mortgages, need to pay their utility bills, need to buy groceries, car loans. Is there talk, is it even feasible to have a suspension of bills for a month or two and then have the federal government, instead of handing over cash to everybody, if no one is paying rent, if no one is paying utilities, instead making that infusion at the top at the banks, at the city, and at the state level so that the top gets funded still, but those below it are relieved from their daily bills?

Sen. Coons: That is a proposal that I’ve actually heard earlier today from a number of business groups, but let me be clear. Those who were here during ‘08 and ‘09 are very concerned about not signing on to a one-time massive bailout of banks that doesn’t bring with it protections for workers and for families. There is, I think a sense of those who were here – I wasn’t – back in 2008, 2009 that they did bailouts for Wall Street that did not trickle down to working families. So we’re going to try to find balance in this package. We should take up and pass today the roughly $100 billion Families First bill that has come over from the House, and what the average American needs to see is not partisan bickering in the Senate, but our working together to find a sustainable package that can move us forward.

Q: People are going to default anyway, so that is an interesting question, unfortunately. Senator one last thing from you: a War Production Board much like what we had in WWII, is the federal government, is there talk about that and why has the President not asked American industries to start producing things that hospitals desperately need? Where is the Army Corps of Engineers? 

Sen. Coons: Well that’s a two-part question. First, representatives from the Administration have been talking to American manufacturers who produce some of these critical components. But you’re asking the right larger question, which is there’s a big difference between World War II when we had all the elements of manufacturing here in the United States, and today where we’ve suffered 20 years of offshoring. I can’t get a needed prescription filled because the critical components are all made in China. So we need to look hard at how we bring back into the United States some of the critical components of making both pharmaceuticals and critically needed devices for health care, but we also need to deploy our federal resources, Veterans Administration hospitals, DOD resources, the Army Corps of Engineers to make sure that we quickly stand up the resources we need as emergency rooms around the country are getting strained.

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Sen. Coons: “I think by the end of this week at the latest, you’ll see a package come together”

WASHINGTON – U.S. Senator Chris Coons joined The Michael Smerconish Program on Sirius XM to provide an update on the federal government’s plan to combat the outbreak of COVID-19, the disease linked with a novel coronavirus, and provide economic relief during the pandemic.

“I expect that in the Senate this morning we will take up and pass the Families First Coronavirus Response Act, which Speaker Pelosi negotiated with Secretary Mnuchin, the House passed very late last night, and the Senate should take up and pass this morning. And I think by the end of this week at the latest, you’ll see a package come together,” Senator Coons said. “I’m on the Small Business Committee, my hope is that working together with the chair, Marco Rubio of Florida, the ranking member, Senator Cardin of Maryland, we’re going to push through what could be as much as $50 billion in short term loans and grants to small businesses that are frankly going to face a critical cash crunch where at the same time they see their revenue dropping off like a rock, and we are asking them to provide paid sick leave for the folks who work there.”

Audio is available here. The full transcript is available below:

Q: Breaking just an hour ago, I’ll read from the Washington Post this headline: “Trump Administration seeks roughly $850 billion in emergency stimulus to confront coronavirus economic fallout”. The lead paragraph says, “’the Trump Administration now asking Congress to approve a massive economic stimulus package of around $850 billion to stanch the economic freefall caused by the coronavirus,’ four officials familiar with the planning said on Tuesday.” I don’t see any reference in the Washington Post story to Senator Mitt Romney’s proposal, which is very Andrew Yang-ish. Romney now saying that each citizen of the United States, all adults, I should be more specific, should receive $1000 in response to fallout from the spread of the disease. Good fodder for us to chat with our friend United States Senator Chris Coons from the great State of Delaware. Hi, Senator. Thanks for coming back to the program. 

Sen. Coons: Great to be on with you again Michael.

Q: What reaction do you have to the breaking news of the Administration seeking $850 billion? 

Sen. Coons: Well, I’m glad that we now have an active and engaged partner in the Administration in trying to move quickly to respond to this coronavirus epidemic. It has been an interesting, challenging, at times concerning process here in Congress over the last couple of months as we have pushed to try and get rapid testing, full federal participation, and support. And many of us have come back and forth to our home states after talking with and hearing from our governors, our directors of public health, our hospital leaders, and concerned citizens and neighbors to say we have to get more assistance out to infected families, to concerned families, to folks who are facing unemployment or rapid loss whether it’s the local barber shop or coffee shop or a hotel or a restaurant, lots of small businesses are seeing their income collapse and millions of families are wondering whether they’re about to get laid off, whether they can get paid sick leave, and what’s going to happen to them and their children now that millions of children are home from school. So, Michael, I expect that in the Senate this morning we will take up and pass the Families First Coronavirus Response Act, which Speaker Pelosi negotiated with Secretary Mnuchin, the House passed very late last night, and the Senate should take up and pass this morning. And I think by the end of this week at the latest, you’ll see a package come together. Senator Schumer of New York, who is the Minority Leader, is putting forward about a $750 billion package this morning. I’m about to join a call with him in half an hour about the details of that and somewhere between the Administration’s proposal and the Senate Democrats proposal is where we’ll land. What encourages me is the speed with which it seems we are all determined to act.

Q: So, this morning I went to Starbucks as I normally do, only they were closed, and I was wondering about Ashley who’s the barista who normally serves me my grande decaf. She works for a company with 500 or more workers. What is thus far being offered to someone in her position?

Sen. Coons: Well, I’m trying to make sure I’m on top of these details so let me right up front say the difference between Starbucks nationally and a Starbucks franchise in terms of whether or not they’re covered, and the details about what Starbucks is offering their employees I can’t speak to, but the bill that I just mentioned that we are going to take up and I believe pass today mandates two weeks of paid sick leave for companies that are between 50 and 500.  I have gotten lots of calls, and I’ve done outreach calls to folks who operate McDonalds and well-known local restaurants and small hotels and contractors in Delaware about how are we then going to provide some fiscal relief for these employers. But to your point, she should be able to get two weeks of paid sick leave, or Starbucks as a much larger company, as a whole if she works for Starbucks not for that particular franchise, should be providing paid sick leave and the FMLA should provide up to 12 weeks of leave from work without penalty for those who have to stay home to care for a child, a sick family member, or to self-quarantine. This is moving very quickly, Michael, and I’m trying to make sure I’m careful about the details because I know there’s lots of folks who listen to you all over our country who are concerned about it. I’m on the Small Business Committee, my hope is that working together with the chair, Marco Rubio of Florida, the ranking member, Senator Cardin of Maryland, we’re going to push through what could be as much as $50 billion in short term loans and grants to small businesses that are frankly going to face a critical cash crunch where at the same time they see their revenue dropping off like a rock, and we are asking them to provide paid sick leave for the folks who work there. The other piece of this, Michael, is unemployment insurance. A big piece of this package is federal funding to states for unemployment insurance to expand it, and to make it easier to administer, and quicker for people to get, as well as expanded funding for Medicaid. Because when people go on the unemployment rolls, typically they have to use Medicaid for healthcare especially if they had employer provided healthcare before. We’re trying to push for this to be as seamless as possible to make sure that testing for coronavirus is both available widely and free, and we have not hit widely available yet, which is a critical next step. And then last, there’s a lot of investment in this package that we’ll take up today to expand hospital capacity. If you look at what’s happened in Italy and throughout Europe and at what’s happened in other countries, China and South Korea, lots of those health systems in developed countries have been deeply strained by the number of folks who are coming to ERs. In Wilmington, where I’m from in Delaware, our leading healthcare provider, Christiana Care, just tested 530 people in a drive through testing site that they set up temporarily at our riverfront. We should get those results today or tomorrow, and I think that will be a critical indicator of how do we ramp up testing and make it available to people without them having to go into the ER. 

Q: I totally respect that it’s a fluid situation and you know that I would never play gotcha with you. 

Sen. Coons: You’re very good Michael, I appreciate that. 

Q: You’re just trying to give us good information, and we respect that. I’m thinking Senator of a restaurant last week where we had dinner for a family celebration that is now closed and the waiters and waitresses who waited on us. Will they be able to seek unemployment? 

Sen. Coons: They should, if they are unemployed, if they’ve been laid off. If the company closes, we’re trying to encourage companies to keep people on payroll for a few weeks until we see more clearly how long this is going to last, but I respect and recognize that small business owners are also facing very tough choices. In Pennsylvania, restaurants have been ordered closed. In Delaware, they’re allowed to stay open for take-out and for delivery and part of that difference was simply, I’ll just describe this to our governor. Our governor I believe heard from lots of small restaurants that once you close down a McDonalds or a neighborhood restaurant and everybody there goes somewhere else for two months, it’s much harder to start back up. It also creates real dislocation for the folks who rely on that restaurant as the place where they work. You’ve also got a lot of food inventory that exactly at the moment that we’ve got lots of people at the margins of our society relying on food banks, there’s going to be huge amounts of food spoiling or wasted, so we’ve got a lot of logistical questions here to sort out. Not every state in our country, in fact I think most states in our country have not directed restaurants and bars to close yet, but that is coming in a lot of areas. 

Q: Finally, Senator Coons, the Romney proposal. I’m curious when Andrew Yang was talking about a universal basic income during the debates, what was your gut check on that and has your view changed now?  

Sen. Coons: Well, what is being seriously discussed this week is an emergency one-time distribution of $1000 to every adult citizen. That is something that also happened in 2008-2009 in the fiscal crisis. Economists broadly agree that that sort of immediate cash infusion is a good way to help keep movement in our economy, to help particularly vulnerable families who don’t have savings avoid missing their car payments, being evicted, not being able to put food on the table. There are other measures we’re looking at as well. Possible delaying when taxes are due, possibly delaying any payments on federal loans to help students and homeowners. But you know Andrew Yang must be smiling because you’ve got a former Republican candidate for President leading the charge on discussing ‘Let’s send a one-time payment out to everyone’. Yang’s proposal was bolder and broader than that, it was moving towards an annual guaranteed minimal income, and frankly as you know, Michael, better than anyone, the nature of work itself is going to change over the next decade as artificial intelligence and autonomous vehicles come into play. Right now, we need to focus on this epidemic and preparing for it, responding to it, and coming through it on the other side, but there are going to be big dislocations. I’ll close on this: if anything, I hope that we all rethink our social practice of shaking hands even in the height of flu season without washing our hands regularly. Something like 16,000 people died of entirely preventable seasonal flu last year and my doctor friends are saying ‘please spread the message that in flu season we should all wash our hands several times a day’ as I am now doing.

Q: Thank you so much, I know you’ve got a busy day. We really appreciate the report from Capitol Hill.

Sen. Coons: Thanks, Michael. Always great to be on with you.  

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[VIDEO] Sen. Coons on COVID-19 pandemic: “We should act immediately”

WASHINGTON – Yesterday, U.S. Senator Chris Coons (D-Del.) delivered remarks on the Senate floor about the Senate’s response to the COVID-19 pandemic.

“The most important decisions that are being made tonight are around America’s kitchen table, where folks are looking at each other and saying how much longer will I have a job? How much longer will we be able to put food on the table? How will we care for our kids that are unexpectedly home from school or college or overseas for days or weeks? How much longer can we stay in our home until we have to go see our mom, our grandma, our uncle, our father who is in a skilled nursing facility, who is scared and alone?” said Senator Coons.

“Instead of being here in a largely empty chamber with nothing on our agenda tonight, we should be taking up, debating, passing, and sending to the president for signature bold strokes that will give confidence to the American people and address the concerns that families all over our nation are facing tonight, and then for our health and the health of our staff and our families, we should go into recess, but we should not do so, as we just did for a long weekend, until we take up and pass the pressing measures of national interest,” said Senator Coons.

Video and audio available here. 

Senator Coons’ remarks, as delivered, are below:

Mr. President, I rise to speak briefly about hard decisions. There are hard decisions that have been made all over our country in recent days and weeks. Decisions by superintendents of school districts whether to shut down their schools and send their children home. Hard decisions made by mayors about how to provide for first responders, for those who run the paramedic and ambulance and police services, the 911 centers, and the public hospitals. Decisions by governors about where and when and whether to declare states of emergency. And we have seen decisions made by faith leaders, by sports leaders, by school leaders, leaders of all types at all levels. 

But the most important decisions that are being made tonight are around America’s kitchen tables, where folks are looking at each other and saying: ‘How much longer will I have a job?’ ‘How much longer will we be able to put food on the table?’ ‘How will we care for our kids that are unexpectedly home from school or college or overseas for days or weeks?’ ‘How much longer can we stay in our home until we have to go see our mom, our grandma, our uncle, our father who is in a skilled nursing facility, who is scared and alone?’

Just this afternoon, seven counties in California have announced a shelter in place order. We have seen counties, cities, and communities all over our country gradually move from a very relaxed and casual attitude to a very concerned attitude to being on high alert to now in a half dozen communities around our country looking more like Italy than they do like America of a month ago. It has been a slow, rolling response.

We should have been here this weekend to make sure that the Senate of the United States stepped forward and did our job and made our hard decisions. I take some encouragement from the fact that the first round of support, $8.3 billion, got crafted, taken up, passed, and signed into law in just a matter of two weeks. Long overdue, but $8.3 billion that went out for vaccine development, for test kits, for personal protective equipment, to put a floor underneath this burgeoning public health crisis that is COVID-19 as it has spread now to every state in our country. 

The next package that’s already been passed by the House that should be considered by this body, we must take up and pass immediately, and it directly speaks to those hard decisions at homes all over our country. It speaks to folks who are concerned that they don’t have health insurance. It speaks to folks who are concerned that they don’t have unemployment insurance. It speaks to folks who don’t know where their kids who used to get school lunches are going to get their next good meal. It speaks to some of the challenges of the very most vulnerable in our country.

I don’t know about my colleagues, but I took a lot of phone calls this weekend from constituents who are concerned, who are anxious, who are angry, who want to know what we are doing at the federal level to provide backup. Folks who run nonprofits that are struggling to keep their services available and to stay open under great pressure. Folks who run faith services in our community, who canceled their services, closed their buildings, but now have a half dozen organizations communities rely on, whether it’s a food pantry, a clothes closet, or a job training service. Folks who are anxious about what will happen to their staff and their students at their schools. In particular, folks who are anxious about what will happen to the seniors in their skilled nursing facilities or in their hospitals.

As you have heard my colleagues speak to, our hospital system does not have the capacity for thousands and thousands of newly diagnosed folks to present themselves at emergency rooms and seeking hospitalization around our country. We should act immediately to deliver the sorts of mobilized federal resources that the Army Corps of Engineers, that the Veterans Administration, that the Department of Defense and that state and local FEMA affiliates and agencies can deliver to scale up our response in a prompt and appropriate way, and we should not leave this building and session until we have taken up and put together a package that will provide an appropriate stimulus for working families all over our country, to provide a floor for small businesses and for working families who will be gravely concerned tonight about what will happen tomorrow.

We’ve got hard choices to make, but that’s why people hire us. Instead of being here in a largely empty chamber with nothing on our agenda tonight, we should be taking up, debating, passing, and sending to the President for signature bold strokes that will give confidence to the American people and address the concerns that families all over our nation are facing tonight, and then for our health and the health of our staff and our families, we should go into recess, but we should not do so, as we just did for a long weekend, until we take up and pass these pressing measures of national interest.

Thank you, Mr. President.

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Sens. Coons and Tillis, Reps. Johnson, Collins, Nadler and Roby Introduce Bipartisan, Bicameral Legislation Modernizing U.S. Trademark System

WASHINGTON – This week, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) and Representatives Hank Johnson (D-GA), Doug Collins (R-GA), Martha Roby (R-AL) and Jerry Nadler (D-NY) introduced bipartisan, bicameral legislation that modernizes the U.S. trademark system and provides new procedures that minimize barriers to entry and properly protects both consumers and brand owners.

In the United States, with some limited exceptions, a trademark must be used to qualify for trademark registration. Increasingly, trademark registrations are issuing and being maintained for marks that have never been used or were not used as required before registration. Those registrations hurt new market entrants—like small businesses—making it harder for them obtain protection for strong, commercially viable marks. This market-entry problem has been exacerbated by the recent flood of fraudulent trademark registrations from China, many of which rely on doctored photos to demonstrate use of a mark to fraudulently obtain a trademark registration.

The Trademark Modernization Act of 2020 addresses the false-use-claim problem by creating new procedures to improve examination effectiveness and efficiency, and to allow third parties to request ex parte cancellation of trademark registrations for marks that have not been used.

“Consumers rely on trademarks to purchase products and services from sources they trust,” said Senator Coons. “I am concerned that the recent flood of fraudulent trademark filings, many of which originate in China, have frustrated legitimate branding efforts by U.S. companies.  Meanwhile, owners of trademarks for authentic products face unreasonable hurdles when trying to block the use of confusingly similar marks that would mislead the public – including dangerous counterfeit products from China.  I am proud to introduce this bipartisan, bicameral bill to address both of these problems and modernize our trademark system.”

“The United States trademark system is long-overdue for an update to ensure it protects American consumers and brand owners,” said Senator Tillis. “The bipartisan, bicameral legislation would modernize the trademark system and make changes that protect small businesses and consumers across North Carolina. Recently, there has been a flood of fraudulent trademark registrations coming from China that harm American consumers and businesses by making it difficult for new businesses to obtain trademark protection for their commercially used marks. I am proud to introduce this much needed update with Senator Coons and Representatives Nadler, Collins, Roby and Johnson, and I will work to build bipartisan support so we can combat fraudulent trademark registrations coming from China to move our trademark system into the 21st century.”

“Consumer protection is also a key focus of the trademark system.  A well-functioning trademark system allows consumers to rely on trademarks to know the source of the products they buy.  That is why this legislation clarifies that when a trademark violation is proven in court, a rebuttable presumption of irreparable harm exists.  In many trademark cases, without injunctive relief, the risk that consumers will be confused is high,” said Congressman Johnson.

“Small businesses must have equal access to the trademark system,” said Chairman Nadler. “Trademarks are often a critical component of building a brand and a successful venture. This bill would help ensure that the robust U.S. trademark system will continue to function for all players in today’s fast-moving economy.”

“Trademarks are intended to provide consumers with confidence in the products and services they’re purchasing and small businesses with protection for their products, but, currently, our trademark system is failing to give businesses the confidence they need,” said Judiciary Ranking Member Doug Collins. “Bad actors, like individuals in China backed by the Chinese government, have taken advantage of vulnerabilities in our system, and as a result, hold possibly thousands of fraudulently trademarks obtained by deceiving the Patent Office. The Trademark Modernization Act will help provide small businesses with new cost-effective tools needed to fight fraud and block bad actors from illegally obtaining trademarks. This legislation ultimately will provide much needed relief for our small businesses, and it will give consumers peace of mind,” said Collins.

“In a hearing last year, I heard testimony on issues pertaining to fraudulent registrations from overseas and the cluttering of the trademark registry, said IP Ranking Member Roby. “Trademarks play a vital role in boosting our economy, creating jobs, and providing trust to American consumers. Millions of Americans rely on trademarks daily to purchase products from sources they depend on, and consumers should feel confident when making these purchases. This piece of legislation provides resources that limit fraudulent trademarks and help to declutter the registry.”

Stephen Lee, Chief Intellectual Property Counsel for Target said: “The development of intellectual property and a strong means to protect our designs is a key to our success.  Yet we are concerned about fraudulent trademarks flooding the U.S. Register.  When the USPTO approves a fraudulent trademark application, it can effectively block our legitimate efforts to trademark our owned brands.  The bill provides several different avenues for a third party, typically a trademark brand holder, to object and offer evidence regarding registrations and pending applications.” Read the full letter here.

“We support reforms that will help to preserve the proper functioning of the trademark system and further its core purposes of promoting competition and enhancing consumer welfare,” said New York University School of Law Professors Barton Beebe and Jeanne Fromer, who have studied the issue of fraudulent trademark filings.  “Today’s bill helpfully takes just such steps by providing for ex parte expungement and ex parte re-examination proceedings relating to the validity of marks.  These proceedings will enable third parties and the PTO to seek the removal of unused marks from the register more easily and cheaply than is possible under existing law.” Read the full letter here.

Thomas Williams, a Supervising Attorney with the Start-Up Ventures Clinic at Duke School of Law, said in support of the bill:  “Creating opportunities for the voices of small businesses to be heard in these processes, as they seek to protect their brands, services and products, is critical to maintaining and extending the role of small entrepreneurs in our communities and the larger economy.” Read the full letter here.

The TM Act would:

·       Create new expedited ex parte cancellation procedures that would allow a new-market entrant or other third party to request cancellation of a trademark registration when the mark was never used or was not used before registration.  The new procedures offer options in addition to traditional inter partes cancellation, which is often a time-consuming and expensive process.

·       Codify additional trademark examination procedures, which gives the U.S. Patent and Trademark Office flexibility and additional authority to gather evidence during examination. 

·       Clarify that, notwithstanding the Supreme Court’s decision in a patent case, eBay, Inc. v. MercExchange LLC, a rebuttable presumption of irreparable harm exists for trademark violations.

A copy of the full bill text can be found here. 
A section-by-section analysis of the bill can be found here. 
A one-pager on the bill can be found here.

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Coons, Cassidy celebrate AmeriCorps week with bipartisan, bicameral legislation recognizing members’ service, ensuring parity in education awards

WASHINGTON – Today, U.S. Senators Chris Coons (D-Del.), Bill Cassidy (R-La.), Sherrod Brown (D-Oh.), and Roger Wicker (R-Miss.), along with Representatives Doris Matsui (D-Calif.), David Price (D-N.C.), and Tom Cole (R-Ok.), introduced new legislation during 2020 AmeriCorps Week to strengthen the Segal AmeriCorps Award that helps make service a financial possibility for many Americans. The Educational Award Parity Act ensures that all AmeriCorps members over the age of 55 who earn an education award are able to transfer it to a family member regardless of the program through which they served. 

The Segal AmeriCorps Education Award is a post-service benefit earned by individuals who complete approved service terms in AmeriCorps programs and may be used to pay qualified educational expenses or to repay student loans for oneself or on behalf of a family member. Today, members of AmeriCorps State & National programs over the age of 55 have the right to transfer their awards to certain family members. This flexibility provides them an opportunity to use the awards to cover their own educational expenses or those of certain family members, like a child of the member, thereby making it possible for older Americans with financial obligations to their families to participant in national service. In doing so, it helps reduce the barrier that financial obligations pose to participation in national service. The bill is endorsed by Voices for National Service, Habitat for Humanity, and Teach For America.

“As someone who worked with AmeriCorps from its inception in 1994, I’ve witnessed the incredible impact AmeriCorps members bring to their communities,” said Senator Coons. “I’m proud that we have brought together so many leaders of Congress to recognize their contributions and ensure they receive their well-earned benefits.”

“As Co-Chair of the Congressional National Service Caucus, I join in recognizing AmeriCorps Week and celebrating the positive impact AmeriCorps members create across the country,” said Congressman Price.  “From helping communities recover from natural disasters, to alleviating poverty, mentoring students, and so much more — AmeriCorps helps solve some of our most pressing problems.  We’re stronger as a nation because of their service.”

“National service programs embody the best of what unites us. The thousands of AmeriCorps members show us that by serving others – by making an effort to bridge divides and overcome challenges, that everyone can start a wave of positivity in their communities that echoes far and wide,” said Congresswoman Matsui. “This is why we must both recognize the service of volunteers and make sure that eligible volunteers can rightfully transfer their hard-earned Segal Education Awards to members of their family.”

“Voices for National Service is grateful for the support of Senators Cassidy and Coons, the chairs of the National Service Congressional Caucus.  They have been vocal advocates for expanding national service opportunities so more Americans of all ages and backgrounds can serve,” said AnnMaura Connolly, President of Voices for National Service.  “The Educational Award Parity Act will help to ensure the education benefit remains a valuable and compelling incentive to serve and a tool for making college more affordable.”

“The AmeriCorps Education Award is a critical benefit that makes college more affordable for those who commit to serve their communities and our country,” said Elisa Villanueva Beard, CEO of Teach For America. “Ensuring that more AmeriCorps members over the age of 55 have the opportunity to transfer their education award to eligible family members is common sense and good policy. Teach For America looks forward to working with Senators Coons and Cassidy to ensure this legislation becomes law.”

Additionally, Senators Coons and Cassidy celebrate this week’s passage of an annual resolution honoring the contributions of AmeriCorps members and alumni to the lives of Americans in honor of 2020 AmeriCorps Week. Over 75,000 Americans serve communities across the country through AmeriCorps programs each year, totaling more than one million AmeriCorps alumni since the program’s founding in 1994. 

Senators Coons and Cassidy and Representatives Price and Matsui are co-chairs of the National Service Congressional Caucus. The resolution, which passed the Senate Wednesday, was also cosponsored by Senators Angus King (I-Maine), John Boozman (R-Ark.), Sheldon Whitehouse (D-R.I.), Roger Wicker (R-Miss.), Maggie Hassan (D-N.H.), Susan Collins (R-Maine), Jack Reed (D-R.I), Tom Carper (D-Del.), Ron Wyden (D-Ore.), Tammy Duckworth (D-Ill.), Amy Klobuchar (D-Minn.), Joe Manchin (D-W.Va.), Tammy Baldwin (D-Wis.), Tim Kaine (D-Va.), Jeanne Shaheen (D-N.H.), Kamala Harris (D-Calif.), Ed Markey (D-Mass.), Chris Van Hollen (D-Md.), Cory Booker (D-N.J.), Mazie Hirono (D-Hawaii), Sherrod Brown (D-Ohio), Gary Peters (D-Mich.), Jon Tester (D-Mont.), Martin Heinrich (D-N.M.), Dick Durbin (D-Ill.), Bernie Sanders (I-Vt.), Dianne Feinstein (D-Calif.), Richard Blumenthal (D-Conn.), Tina Smith (D-Minn.), and Michael Bennet (D-Colo.).

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Carper, Coons join colleagues on bill to expand free COVID-19 testing

WASHINGTON – U.S. Senators Tom Carper (D-Del.) and Chris Coons (D-Del.) – along with Sens. Tina Smith (D-Minn.), Gary Peters (D-Mich.), Democratic Minority Leader Chuck Schumer (D-N.Y.), Patty Murray (D-Wash.), and Ron Wyden (D-Ore.) and 33 other Democratic Senators – introduced the Free COVID-19 Testing Act, which would expand free tests to confirm coronavirus (COVID-19) infections.

The Free COVID-19 Testing Act would waive cost-sharing for COVID-19 diagnostic testing and related health care services for individuals enrolled in private health plans, Medicare, Medicare Advantage, Medicaid, CHIP, TRICARE, VA as well as for federal civilians, American Indians and Alaska Natives. Private insurers would be barred from imposing limits like prior authorization for testing. For uninsured individuals, this legislation would cover the cost of lab fees, and states would have the option and new incentives to cover COVID-19 diagnostic testing and related health care services through their Medicaid programs.

In addition to Sens. Carper, Coons, Smith, Peters, Schumer, Murray, and Wyden, this legislation is also supported by Sens. Amy Klobuchar (D-Minn.), Bob Casey (D-Pa.), Doug Jones (D-Ala.), Sherrod Brown (D-Ohio), Tammy Duckworth (D-Ill.), Jon Tester (D-Mont.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wis.), Jack Reed (D-R.I.), Chris Murphy (D-Conn.), Mazie Hirono (D-Hawaii), Brian Schatz (D-Hawaii), Debbie Stabenow (D-Mich.), Angus King (I-Maine), Cory Booker (D-N.J.), Dianne Feinstein (D-Calif.), Kamala Harris (D-Calif.), Tom Udall (D-N.M.), Maggie Hassan (D-N.H.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Jeanne Shaheen (D-N.H.), Jacky Rosen (D-Nev.), Tim Kaine (D-Va.), Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.), Mark Warner (D-Va.), Chris Van Hollen (D-Md.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Michael Bennet (D-Colo.) and Bob Menendez (D-N.J.).

“We are in the middle of an unprecedented public health emergency. Now is not the time for people to avoid screenings or visits to their health care providers because they are worried about the costs. We must do all that we can to ensure our neighbors have access to the health care they need so that we can slow the spread of the virus and help keep our families and communities safe,” said Senator Carper. “It’s why, today, I’m joining Senator Coons and my other Democratic colleagues to introduce the Free COVID-19 Testing Act, a bill that would ensure every American – regardless of their health insurance status – has access to free testing.”

“The best way to slow and then stop the spread of this virus is to ensure that tests are available and that people can access the health care they need,” said Senator Coons. “Access to testing must include everyone – whether they are on private insurance, Medicare, Medicaid, or uninsured.”

“Congress’ first and foremost responsibility is to make sure we’re doing everything we can to keep people safe during this coronavirus outbreak, and that means making more test kits available and making sure that Americans don’t have to choose between taking a test or forgoing it because they can’t afford it,” said Senator Smith. “I am grateful to Minnesota insurance companies who have said that they will make sure that everyone who can get a test will get one free of charge, and we need to grant that same assurance to people across the country, including those on Medicare and Medicaid, and the those who do not have insurance. This legislation should be passed immediately.”

“As we work to address the coronavirus pandemic, my top priority is protecting the health of Michiganders. We must take aggressive action, including by expanding access to free coronavirus testing,” said Senator Peters. “Costs should never be a barrier to the testing that will help us combat this virus. The Senate should act swiftly and pass our Free COVID-19 Testing Act.”

“Senate Democrats are committed to making sure that everyone can access the care they need during this coronavirus outbreak – and that means guaranteeing that no American is forced to go without this potentially life-saving test over cost,” said Leader Schumer. “It is not only morally wrong if people are forced to forgo testing because they can’t afford it, but also a serious risk to everyone in their community. Time is of the essence—this legislation must be passed without delay.”

“We need to make sure everyone that needs to get tested for the novel coronavirus can do so without being charged a dime, no matter how they are insured, or whether they are insured,” said Senator Murray. “Right now, it is critical we stop the spread of this virus so we can protect vulnerable people and prevent a spike of cases from overburdening our health care providers on the frontlines. We need to pass this legislation immediately, because we can’t address this virus effectively if people are afraid getting tested means getting a medical bill they can’t afford.” 

“Adequate testing for COVID-19 is a critical step to stem the tide of the pandemic,” said Senator Wyden. “Beyond increasing the availability of the test, it needs to be free so Americans don’t have to choose between getting tested or putting food on the table for their loved ones. People need to know that they can walk into their health provider without fear of getting a big medical bill for the test.”

You can access text of the bill here.

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Carper, Coons urge Trump Administration to re-open the Obamacare enrollment window

WASHINGTON – In light of the ongoing outbreak of novel coronavirus disease (COVID-19) and in an effort to ensure more Americans have access to affordable health care, U.S. Senators Tom Carper and Chris Coons (both-Del.) joined Senator Jack Reed (D-RI) and 21 Senators in urging the Trump Administration to open a special enrollment period to allow people at risk of contracting the disease to purchase an Obamacare plan through the health insurance marketplaces.

Currently, about 27.5 million Americans lack health insurance of any kind, and even more are underinsured or have so-called “junk” plans, which could still leave them facing expensive medical bills if hospitalized for treatment for COVID-19 or other health issues.  Allowing people to purchase a plan now through the Affordable Care Act (ACA) helps people and families access care affordably while improving public health and making things safer for entire communities.

“We are deeply concerned that individuals and families will be forced to choose between getting tested and seeking care for COVID-19 to protect themselves, their families, and communities from further spread and being left with thousands of dollars in bills that they are unable to pay.  In addition, when the uninsured or underinsured are unable to pay their medical bills, it is health care providers who are left to make up the shortfall.  Health care providers are already relying on emergency resources to pay for increased capacity and medical supplies in order to be prepared for further spread of COVID-19,” the Senators wrote.  “As such, and given the ongoing unprecedented public health crisis, we ask that HHS and CMS work to establish special enrollment periods for anyone seeking individual or family coverage through the health exchanges.  Having comprehensive, affordable coverage is essential to ensure the health and well-being of the American people, particularly given the lack of access to testing for the COVID-19 and the uncertain trajectory of the outbreak.  It is imperative for patients to receive covered care, regardless of whether they test positive or negative for the virus.  Patients should not feel the need to avoid care out of fear of incurring medical bills they cannot afford.”

This past year, 8.3 million people purchased or re-enrolled in Obamacare health plans using the HealthCare.gov platform during the 2020 open enrollment period, which the Trump Administration closed on December 15, 2019.

The Senators are asking the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) to re-open the window and establish special enrollment periods for anyone at risk of COVID-19 seeking individual or family coverage through the health exchanges: “Having comprehensive, affordable coverage is essential to ensure the health and well-being of the American people, particularly given the lack of access to testing for the COVID-19 and the uncertain trajectory of the outbreak.  It is imperative for patients to receive covered care, regardless of whether they test positive or negative for the virus.  Patients should not feel the need to avoid care out of fear of incurring medical bills they cannot afford,” the Senators wrote.

A total of 25 U.S. Senators signed the letter to HHS Secretary Azar and CMS Administrator Verma. In addition to Senators Reed, Carper and Coons, the letter is signed by U.S. Senators Debbie Stabenow (D-MI), Kirsten Gillibrand (D-NY), Tammy Baldwin (D-WI), Jeanne Shaheen (D-NH), Sherrod Brown (D-OH), Chris Murphy (D-CT), Dianne Feinstein (D-CA), Bob Casey (D-PA), Ron Wyden (D-OR), Tom Udall (D-NM), Maggie Hassan (D-NH), Jon Tester (D-MT), Patty Murray (D-WA), Mazie K. Hirono (D-HI),  Gary Peters (D-MI), Amy Klobuchar (D-MN), Richard Blumenthal (D-CT), Angus King (I-ME), Elizabeth Warren (D-MA), Tammy Duckworth (D-IL), Sheldon Whitehouse (D-RI), and Bob Menendez (D-NJ).

Text of the letter follows:

March 12, 2020

Dear Secretary Azar and Administrator Verma:

In light of the ongoing outbreak of novel coronavirus (COVID-19) in the United States, we write to express our concern regarding the increasing rates of individuals and families who are uninsured or underinsured.  We ask that the Department of Health and Human Services and the Centers for Medicare and Medicaid Services allow individuals who are at-risk for COVID-19 to access affordable health care options through the health insurance marketplaces with a special enrollment period.  We must do everything in our power to improve access to health care at a time when we are encouraging people who may have been exposed to COVID-19 to come forward, get tested, and seek treatment to help prevent further spread of the disease. 

As you know, the U.S. Census Bureau released new data in November 2019 showing that the uninsured rate increased from 7.9 percent in 2017 to 8.5 percent in 2018.  This amounts to nearly 2 million more people, bringing the total to 27.5 million uninsured Americans.  Many more people likely have insufficient insurance coverage through short-term limited duration insurance or “junk” plans, which could still leave someone facing expensive medical bills if hospitalized for treatment for COVID-19 or seasonal flu. 

We are deeply concerned that individuals and families will be forced to choose between getting tested and seeking care for COVID-19 to protect themselves, their families, and communities from further spread and being left with thousands of dollars in bills that they are unable to pay.  In addition, when the uninsured or underinsured are unable to pay their medical bills, it is health care providers who are left to make up the shortfall.  Health care providers are already relying on emergency resources to pay for increased capacity and medical supplies in order to be prepared for further spread of COVID-19.

As such, and given the ongoing unprecedented public health crisis, we ask that HHS and CMS work to establish special enrollment periods for anyone seeking individual or family coverage through the health exchanges.  Having comprehensive, affordable coverage is essential to ensure the health and well-being of the American people, particularly given the lack of access to testing for the COVID-19 and the uncertain trajectory of the outbreak.  It is imperative for patients to receive covered care, regardless of whether they test positive or negative for the virus.  Patients should not feel the need to avoid care out of fear of incurring medical bills they cannot afford.

Patients must have access to affordable health insurance that will cover needed health care services for testing and treatment, especially now, when the broader public health is at risk.  While there are many unknowns about how this outbreak will progress in the United States, we can certainly all agree that increasing the rate of insurance coverage will be critical to managing this outbreak and the expenses associated with increased need for health care services, such as costly hospitalizations.  Thank you for your attention to this critical issue and we look forward to your response. 

Sincerely, 

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Coons, Murray, Casey, Merkley introduce Correct the Census Count Act to end prison gerrymandering

WASHINGTON – U.S. Senator Chris Coons (D-Del.) today joined Senators Patty Murray (D-Wash.), Bob Casey (D-Pa.), and Jeff Merkley (D-Ore.) to introduce the Correct the Census Count Act—legislation to end the practice of “prison gerrymandering,” which skews congressional and legislative districts by counting prisoners as residents of the location where they are incarcerated.

The Correct the Census Count Act would require the U.S. Census Bureau to list the residence of incarcerated individuals as the address of their last known residence, not the address of the prison in which they are incarcerated.

“It is long past time that we count incarcerated people in their home communities.  In 2016, I led a letter from all Democrats on the Senate Judiciary Committee expressing disagreement with the Census Bureau’s proposal to keep counting incarcerated people as ‘residents’ of the places where they are confined.  The Census Bureau’s current practice compounds the inequities of the criminal justice system, inequitably redistributes congressional representation, improperly allocates vital federal resources, and represents an inconsistent application of the standards applied to other populations.  I am proud that Delaware has been a leader on these issues, and I will continue advocating for change,” said Senator Coons.  

“Our democratic republic can only do justice by ‘We the People’ if we have a fair and representative census,” said Senator Merkley. “Prison gerrymandering disproportionately magnifies the voices of some, while diminishing the voices of other Americans—especially African American and Latinx communities of color, who are disproportionately incarcerated by our criminal justice system. Every American, regardless of race, income, or zip code, deserves fair and equal representation in our government. To fully deliver on that vision, we need to reform the census and end prison gerrymandering.” 

“The census is critical to supporting the health and livelihood of every person in our country, and we should be working to ensure that count truly reflects our communities,” Senator Murray said. “Ending prison gerrymandering is a positive step toward leveling the playing field in our democracy by helping ensure all of our communities are fairly and accurately represented in our government.”

Since the vast majority of incarcerated individuals cannot vote, prison gerrymandering greatly distorts the bedrock principle of “one person, one vote.” Effectively, prison gerrymandering steals representation from the communities where incarcerated individuals previously lived, and grants extra representation to communities in which prisons are located.

Under current law, the Census Bureau tabulates incarcerated individuals as residents of prison locations, rather than their last known place of residence before incarceration. Registering the location of an incarcerated individual as the prison in which they are incarcerated heavily distorts the redistricting process. This practice adversely influences our democratic process at the state and local level, in which a prison population can easily represent the majority of a legislative district. 

Without reforming the way in which the Census counts incarcerated Americans, states are freely able to dilute the voting power of communities disproportionately impacted by high rates of incarceration—often low-income communities of color that already face other forms of disenfranchisement. This has the potential of further allowing powerful interests to choose their own voters rather than voters choosing their representatives. 

The practice of prison gerrymandering undermines the principle of equal and fair representation, and breaks up communities during the redistricting process. The Correct the Census Count Act would finally ensure that all communities can be fully represented and fairly counted, regardless of whether or not an individual from that community is incarcerated.

The Correct the Census Count Act has also been introduced in the U.S. House of Representatives by Rep. Lacy Clay (D-Mo.), and is cosponsored by 29 members of the House. This legislation is endorsed by the Sentencing Project, Common Cause, Prison Policy Initiative, National Urban League, National Coalition on Black Civic Participation, and the NAACP.

The full text of the Correct the Census Count Act can be found here.

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