A recent article from
Governing raises the question of whether state health insurance exchanges are subject to the federal “Motor Voter” act (i.e., the 1993 National Voter Registration Act). The act requires states to provide individuals with the opportunity to apply to register to vote in federal elections:
- at the time that they apply for a driver's license or renew one,
- at offices providing public assistance and offices providing state-funded programs primarily engaged in providing services to people with disabilities, and
- by mail using forms that each state and the Election Assistance Commission develop.
According to the article, California, New York, and Vermont will offer voter registration through their exchanges. In other states, the issue has either escaped notice or been the subject of a debate that centers on whether the exchanges are providers of public assistance, in which case they would be covered by the federal act.
Additionally, the article notes that the answer could vary across the states because the state exchanges are not uniform. In some states, they are nonprofit organizations, in some they are part of a state agency, and in others they will be operated by the federal government.
