WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $5,354,487 in federal funding to provide economic relief to the Roanoke-Blacksburg Regional Airport and the Virginia Tech Montgomery Executive Airport. The funding from the U.S. Department of Transportation (DOT) was authorized by the Federal Aviation Administration (FAA). A portion of this funding comes from the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“We are glad to announce that these federal funds will go towards helping ensure that both the Roanoke-Blacksburg Regional Airport and the Virginia Tech Montgomery Executive Airport are able to continue to serve Virginians and other folks traveling into the region,” said the Senators.  

The funding will be distributed as follows:

• Roanoke-Blacksburg Regional Airport will receive $4,065,070 to reconstruct the existing Runway 6/24 lighting system, the Runway 16/34 lighting system, and the entire existing taxiway lighting system, all of which require reconstruction to meet FAA standards. This funding will also go towards reconstructing all the existing airfield guidance signs. 
• Virginia Tech Montgomery Executive Airport will receive $1,289,417 to extend Runway 12/30 to 5,500 feet to meet the operational needs of the airport.

Sens. Warner and Kaine have long fought for increased investments to infrastructure, including for Virginia’s airports, and have pushed back against the Trump Administration’s suggested budget cuts to DOT to ensure that critical upgrades like these can happen. Additionally, last year, Sen. Warner introduced a bill to strengthen the nation’s infrastructure, create jobs, and generate economic stimulus.

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Jeff Merkley (D-OR) today in introducing legislation, the Poll Worker Recruitment Act of 2020, to address the urgent shortage of poll workers for the November 2020 general election. Today’s announcement coincides with National Poll Worker Recruitment Day.

In addition to Sens. Warner and Merkley, the legislation is co-sponsored by U.S. Senators Ron Wyden (D-OR), Mazie K. Hirono (D-HI), Dianne Feinstein (D-CA), Tim Kaine (D-VA), and Amy Klobuchar (D-MN). 

As the COVID-19 pandemic has spread across the U.S., the coronavirus crisis has made it much more challenging to recruit poll workers at a time when in-person voting options are already limited. Many of the volunteers who normally help staff polling stations are seniors who are at high risk of COVID-19 complications and have been urged by public health professionals to stay home.

As election boards across the country work to resolve this poll worker shortage, the legislation would make it easier for them to send recruits to where they are most needed by removing requirements that poll workers be registered to vote in the same county where they are volunteering. Poll workers would still need to be registered in the same state.

“The COVID-19 pandemic has presented unprecedented challenges to holding a safe and fair election in November,” said Merkley. “No right is more sacred than our right to vote, and we must do everything in our power to protect voting rights this year. Every American voter needs to be given the chance to cast their vote in a safe and accessible way. That means that in addition to giving every voter a chance to vote by mail, we need as many poll workers as possible to avoid long lines, unreasonable waits, and dangerous crowding. Let’s get every poll worker America has available to where they are most needed and will be most effective.” 

Pennsylvania implemented this change in requirements during its 2020 primary election. The proposal would make this change national, ensuring that all states have equal opportunity to maximize coverage by poll workers.

As the coronavirus pandemic has spread across the U.S., poll worker shortages have become a persistent problem throughout the 2020 primary election season. Washington, D.C. reported a loss of 1,700 election workers during its primary voting period. Kentucky reduced its in-person voting locations to a single polling place in each county for its primary because of poll worker shortages. And alarming statistics from other states show that this is likely to be a significant problem for the general election: In Anchorage, Alaska, 95% of past poll workers declined to sign up again this year, while in Maryland, the state announced last month that it is short nearly 14,000 election workers.

“As we have seen in primary elections across the United States, the challenge of recruiting and retaining poll workers during COVID-19 has had a suppressive effect on in-person voting, which communities of color disproportionately rely on. The Voter Protection Corps applauds Senator Merkley for recognizing the critical need to boost poll worker recruiting this Fall so that all voters who want or need to vote in person can do so safely,” said Voter Protection Corps Executive Director Bob LaRocca. “By providing local and county jurisdictions greater flexibility to recruit poll workers from across a state, this legislation works to address the massive demand for in-person election workers in November.”

“I fully support this common-sense approach to recruiting poll workers. With two major Universities in my county, having the ability to recruit younger poll workers who aren’t permanent residents would help immensely,” said Amelia Powers Gardner, Utah County Clerk/Auditor. “Removing barriers to recruitment helps elections officials and our local communities while giving young people the opportunity to serve.”

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WASHINGTON – Today, on National Poll Worker Recruitment Day, U.S. Sen. Mark R. Warner (D-VA) emphasized the threat posed by the shortage of poll workers ahead of the November elections, and urged the administrative bodies of each state’s Continuing Legal Education (CLE) system to allow lawyers to volunteer as poll workers on November 3^rd in exchange for CLE credits – a measure already undertaken by the Ohio State Bar Association. CLE credits are required professional education for attorneys, who must earn these credits after their initial admission to the bar.

“Across the country, election officials have raised the possibility that many experienced poll workers – who are primarily older than age 60 and at a higher risk from coronavirus – will opt to remain at home this year. We saw early signs of this during primary elections held nationwide earlier this spring and summer, with reduced polling locations in many states as a result of the public health emergency,” wrote Sen. Warner. “A reduction of polling places undermines not only our democracy, but also our public health response, as larger numbers of Americans are forced to rely on a limited number of open polling locations.”

He continued, “Well-trained poll workers are critical to ensuring the secure and effective completion of this year’s elections. Without an adequate number of poll workers during the primaries earlier this year, many states were forced to close polling locations leading to long lines and undoubtedly disenfranchising voters. With much higher turnout expected for this year’s general election, these challenges will be magnified. This impending shortage demands innovative solutions and should serve as a call to service.”

According to the CDC, one of the best ways to mitigate COVID-19-related health risks during the election will be to support a wide variety of alternative voting methods and options – such as expanded early voting and longer voting hours – that reduce the number of voters at a single polling location. However, many of these options require the presence of poll workers, who are traditionally older and therefore more likely to stay home given the risks associated with COVID-19.

In his letters, Sen. Warner also noted that placing lawyers in precincts across the state will also serve to curb voter suppression and other legal violations at a time of increased levels of voter suppression.

Letters were sent to the Alabama State Bar, Alaska Bar Association, State Bar of Arizona, Arkansas Continuing Legal Education Board, State Bar of California, Ralph L. Carr Judicial Center, State Bar of Connecticut, Commission on Continuing Legal Education of the Supreme Court of Delaware, Florida Bar, Georgia Commission on Continuing Lawyer Competency, Hawaii State Bar Association, Idaho State Bar, MCLE Board of the Supreme Court of Illinois, Indiana Commission for CLE, Commission on Continuing Legal Education of the Supreme Court of Iowa,  Kansas CLE Commission, Kentucky Bar Association, Louisiana Supreme Court Committee on MCLE, Maine Board of Overseers of the Bar, Minnesota State Board of CLE, Mississippi Commission on CLE, MCLE Department    Montana Board of CLE, Nebraska MCLE Commission, Nevada Board of Continuing Legal Education, New Hampshire Minimum CLE Board, Supreme Court of New Jersey, New Mexico MCLE, New York State Continuing Legal Education Board, North Carolina State Bar, North Dakota CLE Commission, MCLE Commission, Oregon State Bar, Pennsylvania Continuing Legal Education Board (PACLE) , Rhode Island MCLE Commission, Commission on CLE and Specialization, Tennessee Commission on CLE and Specialization, State Bar of Texas, Utah State Board of Continuing Legal Education, Vermont Board of Continuing Legal Education, Virginia State Bar, Washington State Board of CLE, West Virginia State Bar, Supreme Court of Wisconsin, and Wyoming State Board of CLE.

A sample letter is available here.

Earlier today, Sen. Warner also cosponsored legislation to address the urgent shortage of poll workers and make it easier for election boards across the country to send recruits to where they are most needed by removing requirements that poll workers be registered to vote in the same county where they are volunteering. Given Leader McConnell’s consistent refusal to advance election assistance legislation, Sen. Warner is encouraging states to explore alternative solutions. 

As the Vice Chairman of the Senate Select Committee on Intelligence, Sen. Warner has long advocated for the integrity of our elections. In June, he led all Democrats on the Senate Rules Committee in calling for the U.S. Department of Justice (DOJ), as well as the National Association of State Election Directors and the National Association of Secretaries of State to work proactively to counter any attempts to suppress vulnerable and historically-disenfranchised voters during the COVID-19 crisis. 

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WASHINGTON, D.C. – Today, U.S. Sen. Mark R. Warner and Tim Kaine (D-VA) applauded $9,000,000 in federal funding to expand broadband infrastructure and service in rural communities in Virginia. The funding from the U.S. Department of Agriculture (USDA) was awarded through theReConnect Program. The funding will be used to install a fiber-to-the-premises (FTTP) network that will connect 7,496 people, 416 farms, 97 businesses, a fire station, a town hall, and two educational facilities to high-speed broadband internet in Scott County. 

“In our evolving economy, broadband isn’t a luxury; it’s a necessity,” said the Senators. “That is why we’re glad to see these federal dollars go toward helping connect people in rural Virginia.”

Senators Warner and Kaine have been strong supporters of expanding broadband access in Virginia as Governors and Senators. In 2018, both Warner and Kaine fought to secure funding for the ReConnect Program, and other federal programs that are critical to improving broadband access across rural Virginia. Earlier this year, Sens. Warner and Kaine introduced legislation to help ensure adequate home internet connectivity for K-12 students during the coronavirus pandemic. They have also pushed the FCC to ensure that millions of Americans are made aware of their eligibility for the FCC’s Lifeline program. Most recently, Sen. Warner introduced comprehensive broadband infrastructure legislation to expand access to affordable high-speed internet for all Americans. 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Amy Klobuchar (D-MN), a senior Member of Senate Commerce Committee and Ranking Member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights and Chairman of the Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection, Senator Jerry Moran (R-KS), sent a letter to  Federal Trade Commission (FTC) Chairman Joseph Simons urging the FTC to take action to address the troubling data collection and sharing practices of the mobile application (“app”) Premom. 

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant, relying on personal and private health information. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the Apple App and Google Play stores.

In addition to Sen. Warner, Sens. Klobuchar and Moran were joined by Ranking Member of the Senate Commerce Committee, Maria Cantwell (D-WA), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), and Elizabeth Warren (D-MA).

“A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent,” Klobuchar and her colleagues wrote.

The full text of the letter can be found HERE and below:

Dear Chairman Simons:

We write to express our serious concerns regarding recent reports about the data collection and sharing practices of the mobile application (“app”) Premom and to request information on the steps that the Federal Trade Commission (FTC) plans to take to address this issue.

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the leading app stores. To use Premom, users provide the app extensive personal and private health information.

A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent. IDAC sent a letter to the FTC on August 6, 2020, to describe these undisclosed data transmissions along with other concerning allegations including conflicting privacy policies and questionable representations related to their collection of installed apps for functionality purposes.

While Premom claimed to only share “nonidentifiable” information in its privacy policy, the IDAC report found that Premom collected and shared—with three third-party advertising companies based in China including Jiguang, UMSNS, and Umeng—non-resettable unique user device identifiers that can be used to build profiles of consumer behavior. Additionally, users of the Premom app were not given the option to opt out of sharing their personal data with these advertising companies, and reports also allege that one of the companies that received user data from Premom concealed the data being transferred—which privacy experts say is an uncommon practice for apps that is used primarily to conceal their data collection practices.

While we understand that Premom has taken steps to update its app to halt the sharing of its users’ information with these companies, it is concerning that Premom may have engaged in these deceptive practices and shared users’ personal data without their consent. Additionally, there may still be users who have not yet updated the Premom app, which could still be sharing their personal data—without their knowledge or consent. 

In light of these concerning reports, and given the critical role that the FTC plays in enforcing federal laws that protect consumer privacy and data under Section 5 of the Federal Trade Commission Act and other sector specific laws, we respectfully ask that you respond to the following questions:

1.  Does the FTC treat persistent identifiers, such as the non-resettable device hardware identifiers discussed in the IDAC report, as personally identifiable information in relation to its general consumer data security and privacy enforcement authorities under Section 5 of the FTC Act?

2.  Is the FTC currently investigating or does it plan to investigate Premom’s consumer data collection, transmission, and processing conduct described in the IDAC report to determine if the company has engaged in deceptive practices?

3.  Does the FTC plan to take any steps to educate users of the Premom app that the app may still be sharing their personal data without their permission if they have not updated the app? If not, does the FTC plan to require Premom to conduct such outreach?

4.  Please describe any unique or practically uncommon uses of encryption by the involved third-party companies receiving information from Premom that could be functionally interpreted to obfuscate oversight of the involved data transmissions.

5.  How can the FTC use its Section 5 authority to ensure that mobile apps are not deceiving consumers about their data collection and sharing practices and to preempt future potentially deceptive practices like those Premom may have engaged in? 

Thank you for your time and attention to this important matter. We look forward to working with you to improve Americans consumers’ data privacy protections. 

Sincerely, 

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WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $4,138,947 in federal funding through the U.S. Department of Health and Human Services (HHS) to help support health centers across the Commonwealth as they continue battling the COVID-19 crisis. 

“We’re thrilled to announce that these federal dollars will go towards supporting Virginia’s health centers as they continue to provide essential care during this pandemic,” said the Senators. 

The funding for health centers was awarded as follows:

• $280,654 for Eastern Shore Rural Health System in Accomack County, Va.
• $353,441 for Neighborhood Health in Alexandria, Va.
• $222,750 for Johnson Health Center in Amherst County, Va.
• $75,905 for Bland County Medical Clinic in Bland County, Va.
• $335,491 for Central Virginia Health Services in Buckingham County, Va.
• $215,250 for Tri-Area Community Health in Carroll County, Va.
• $222,750 for Portsmouth Community Health Center in Portsmouth, Va. 
• $224,446 for St. Charles Health Council in Lee County, Va.
• $282,459 for Rockbridge Area Free Clinic in Lexington, Va.
• $126,094 for Loudoun Community Health Center in Loudoun County, Va.
• $40,000 for Southern Dominion Health Systems in Lunenburg County, Va.
• $240,953 for Martinsville Henry County Coalition for Health and Wellness in Martinsville, Va.
• $207,750 for Free Clinic Of The New River Valley in Montgomery County, Va.
• $220,818 for Blue Ridge Medical Center in Nelson County, Va.
• $317,485 for Greater Prince William Community Health Center in Prince William County, Va.
• $227,936 for Daily Planet Health Services in Richmond, Va.
• $217,856 for Kuumba Community Health and Wellness Center in Roanoke, Va.
• $222,750 for Southwest Virginia Community Health Systems in Smyth County, Va.
• $104,159 for Horizon Health Services in Southampton County, Va. 

This funding was awarded through the Health Resources and Services Administration’s Health Center Program, which provides funds to community-based health care providers that provide primary care services in underserved areas. These health centers must meet a stringent set of requirements, including providing care on a sliding fee scale based on ability to pay and operating under a governing board that includes patients.

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Kirsten Gillibrand and 22 Senate colleagues in submitting an amicus brief in Fulton v. City of Philadelphia, an impending Supreme Court case focused on anti-LGBTQ discrimination in the foster care and adoption system. In March 2018, the City of Philadelphia learned that two of the agencies it partners with to provide foster care services to children in the public child welfare system would not allow same-sex couples to be foster parents, based on the agencies’ religious beliefs. The city subsequently stopped referring children to the agencies and informed them that city contracts prohibit such discrimination. One agency, Catholic Social Services, sued the city with claims that the right to free exercise of religion entitles it to a taxpayer-funded contract to perform a government service, even though it is unwilling to comply with the city’s requirement that contract agencies accept all qualified families. Senator Gillibrand and her colleagues are calling for an end to anti-LGBTQ discrimination in the adoption and foster care systems because itdenies countless vulnerable children the opportunity to find a safe and loving home. 

“Government assumes a grave responsibility when it takes custody of children through the operation of the child welfare system. Its highest charge for children in its care is to always put their best interests first.  Turning away a loving and qualified family because of a parent’s sexual orientation or gender identity hurts these children by denying or delaying their placement in loving homes. This brief, led by Senator Kirsten Gillibrand and Congresswoman Angie Craig spells out in sharp relief the government’s compelling interest in eliminating discrimination in the child welfare system and thus advancing the best interests of children. Family Equality is grateful for this leadership and this clarion call to the Supreme Court to do the right thing for vulnerable foster children in America,” said Denise Brogan-Kator, Interim Chief Executive Officer of Family Equality.

In addition to Sens. Warner and Gillibrand, the amicus brief was submitted by Sens. Tammy Baldwin (D-WI), Diane Feinstein (D-CA), Jeff Merkley (D-OR), Ron Wyden (D-OR), Richard Blumenthal (D-CT), Patty Murray (D-WA), Elizabeth Warren (D-MA), Tim Kaine (D-VA), Charles Schumer (D-NY), Jeanne Shaheen (D-NH), Sherrod Brown (D-OH), Jacky Rosen (D-NV), Ed Markey (D-MA), Brian Schatz (D-HI), Bob Menendez (D-NJ), Chris Coons (D-DE), Cory Booker (D-NJ), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Tina Smith (D-MN), Bernie Sanders (I-VT), and Mazie Hirono (D-HI). The effort was led in the House by Representative Angie Craig, Co-Chair of the Congressional LGBTQ+ Equality Caucus and the first lesbian mom to serve in Congress.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement on the passing of John Hager, former Lieutenant Governor of Virginia:

“I’ve known John Hager for more than 30 years and I can attest that John epitomized the very definition of a true public servant. We worked together on the Virginia Health Care Foundation to ensure all Virginians had access to health care. And during my time as Governor, I was proud of the work he did on my Cabinet, serving as the Director of Homeland Security. John was a great Virginian, who, despite the remarkable obstacles he faced in his personal life, was able to persevere and give back to his community. John was a great friend to me and the Commonwealth he served.

“I want to offer my sincerest condolences to Maggie, the boys, and the entire Hager family on their loss. I will miss him greatly.”

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) joined Sen. Richard Blumenthal (D-CT), a member of the Senate Armed Services and Veterans Affairs Committees and a group of twenty-eight senators including Senate Democratic Leader Chuck Schumer (D-NY), Senate Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-MI), and Senate Armed Services Committee Ranking Member Jack Reed (D-RI), in writing Postmaster General Louis DeJoy to raise concerns over the heightened impact of harmful United States Postal Service (USPS) policy and operational changes to servicemembers and their families.  

Because USPS is the only service that can deliver to the Army Post Office (APO) and Fleet Post Office (FPO) addresses used by our military overseas, deployed servicemembers and their families are uniquely impacted by changes that have left USPS “intentionally hamstrung and severely strained.” Active duty servicemembers who are deployed domestically also rely heavily on USPS to vote, pay their bills, receive packages, and stay in touch with family members and loved ones. 

“This population of Americans is disproportionately affected by any actions that restrict or delay the mail, which is sometimes the only reliable connection they have with loved ones during their military service. Servicemembers rely on USPS for the delivery of medicines, ballots, bills, and countless other pieces of vital mail,” the senators wrote.

“Even more alarming is the reality that servicemembers depend on the mail to exercise their most important rights as American citizens: the right to vote. Absentee ballots are the only way that most of the military community can use their constitutionally protected right to cast a ballot. Making absentee voting more difficult disenfranchises the very Americans who serve and sacrifice on the front lines in defense of our right to vote and live in a democratic society – a cruel irony to our men and women in uniform that must be remedied immediately.” 

Today’s letter was also signed by U.S. Sens. Dick Durbin (D-IL), Elizabeth Warren (D-MA), Sherrod Brown (D-OH), Kirsten Gillibrand (D-NY), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Ron Wyden (D-OR), Jon Tester (D-MT), Tammy Baldwin (D-WI), Edward J. Markey (D-MA), Brian Schatz (D-HI), Amy Klobuchar (D-MN), Tina Smith (D-MN), Bob Casey (D-PA), Martin Heinrich (D-NM), Michael Bennet (D-CO), Tom Udall (D-NM), Bernie Sanders (I-VT), Chris Coons (D-DE), Jeff Merkley (D-OR), Mazie K. Hirono (D-HI), Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), and Maggie Hassan (D-NH).

The full text of today’s letter is available here and copied below.

August 20, 2020 

Louis DeJoy

Postmaster General

U.S. Postal Service

475 L’Enfant Plaza West, S.W.

Washington, D.C. 20260

Dear Mr. DeJoy: 

As it has become more obvious that your oversight of the postal service is severely distressing the domestic mail system, we urge you to consider the impact of your recent changes to United States Postal Service (USPS) policy and operations on the 1.3 million servicemembers and their families who serve both domestically and overseas. USPS is the only service that can deliver to the Army Post Office (APO) and Fleet Post Office (FPO) addresses used by our military overseas. While your recent suspension of operational changes is a necessary first step and needed course correction, it is insufficient and unclear that this suspension will mitigate the damage that has already been done to the postal system, and prevent the disruption and harm to Americans who serve our nation in uniform. We are also concerned that your statements regarding suspension of these changes are not actually being carried out.

Since your appointment as Postmaster General, you have implemented many harmful operational and policy changes that have already resulted in mail being delayed in many areas by weeks. Reports of hiring freezes, scheduling and route changes, reshuffling of leadership, decommissioning and removal of mail-sorting machines, and other reorganization of operations have left a once proud and efficient system intentionally hamstrung and severely strained. In fact, USPS recently sent detailed letters to 46 states warning that it cannot guarantee that all mail-in ballots will arrive in time to be counted.

Your changes have also had a direct impact on deployed servicemembers who rely on USPS as the only avenue to deliver mail from the United States to the APO & FPO addresses used by our military overseas. This population of Americans is disproportionately affected by any actions that restrict or delay the mail, which is sometimes the only reliable connection they have with loved ones during their military service. Servicemembers and their families who are stationed overseas for months and years at a time also depend on the USPS, as do military families who are stationed domestically, but away from their home of record. Servicemembers rely on USPS for the delivery of medicines, ballots, bills, and countless other pieces of vital mail.  There are virtually no members of the military who will be unaffected by these changes, which will negatively impact their quality of life and hamper their ability to communicate with their family members and loved ones – ultimately hindering military readiness.

Even more alarming is the reality that servicemembers depend on the mail to exercise their most important rights as American citizens: the right to vote. Absentee ballots are the only way that most of the military community can use their constitutionally protected right to cast a ballot. Making absentee voting more difficult disenfranchises the very Americans who serve and sacrifice on the front lines in defense of our right to vote and live in a democratic society – a cruel irony to our men and women in uniform that must be remedied immediately.

We urge the White House and all Trump Administration officials to reconsider their opposition to necessary stimulus funding for the USPS during this COVID-19 pandemic. The Heroes Act, which was passed by the House in May, would provide $25 billion to the USPS and we must immediately pass this critical funding need. 

The USPS is a public service that is critical to all American citizens, particularly our military. They are depending on us to provide this vital service, and we stand ready to protect it at all costs.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged Virginia’s election registrars to do everything in their power to ensure that all Virginians can access their right to vote amid controversial reforms to the U.S. Postal Service (USPS) and the ongoing public health emergency. In a letter, the Senators strongly encouraged the Commonwealth’s 133 registrars to take advantage of the steps Virginia recently took to expand early voting and to ensure that no American is forced to choose between their right to vote and their health.

“We understand you are currently preparing to handle the anticipated surge in absentee voting, both in-person and by mail, and we urge you to be thoughtful about those steps, particularly in light of delays in the processing of mail as a result of changes made to the U.S. Postal Service,” wrote the Senators. “We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by working with your local governance body to expand the number of satellite sites where in-person absentee voting is available and the number of business hours during which those sites are open.”

They continued, “The Commonwealth of Virginia has made major strides in recent years to increase access to the franchise. Prior to the current public health emergency, Virginia not only expanded early voting opportunities, but also implemented no-excuse absentee voting. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by expanding the number of sites where in-person absentee voting is available and the number of hours during which those sites are open.”

This letter follows the implementation of sweeping operational changes to the Postal Service that have significantly delayed mail, in what many have called an attempt by the Trump Administration to undermine mail-in voting ahead of the November election. This comes as more and more Americans look to mail-in voting and other convenience voting opportunities in order to participate in the election while staying safe during the ongoing pandemic.

In their letter, the Senators also asked the registrars to immediately alert the Senators and officials at the Virginia Department of Elections regarding any constraints in safeguarding voting, including in securing resources to organize safe polling locations or finding adequate numbers of poll workers to staff early voting sites. 

Sens. Warner and Kaine have been vocal proponents of securing Americans’ right to vote and of reversing any changes to USPS that have affected the reliability of mail delivery. Earlier this week, the Senators calledon the Postmaster General to testify before Congress and provide clear, transparent answers on service delays. Last week, they joined their colleagues in a letter asking the Postmaster General not to take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots. Sen. Warner has also demanded immediate action to ensure that Veterans and the VA can count on USPS for the timely delivery of essential prescription drugs, and he has pressed the Postmaster General regarding Virginians’ concerns about delayed mail service.   

A copy of the letter is available here and below.

There is enormous interest nationwide in the upcoming election, with record interest in absentee voting across the Commonwealth. However, the current public health emergency and recent changes to longstanding Postal Service policies have raised concerns about the ability of Americans to safely exercise their franchise through absentee balloting. We write to urge you to do as much as feasible to ensure all Virginians can access their right to vote, including taking advantage of the historic steps Virginia recently took to expand early voting.  

During the primary season, the pandemic caused delays and hazardous conditions for voters nationwide. Going forward, it is evident that substantive measures must be taken to ensure that no American must choose between their franchise and their health. The urgent need for safe voting procedures, including safe, secure alternatives to voting in-person on Election Day, has significantly increased interest in convenience voting opportunities.  

We understand you are currently preparing to handle the anticipated surge in absentee voting, both in-person and by mail, and we urge you to be thoughtful about those steps, particularly in light of delays in the processing of mail as a result of changes made to the U.S. Postal Service. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by working with your local governance body to expand the number of satellite sites where in-person absentee voting is available and the number of business hours during which those sites are open.

The Commonwealth of Virginia has made major strides in recent years to increase access to the franchise. Prior to the current public health emergency, Virginia not only expanded early voting opportunities, but also implemented no-excuse absentee voting. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by expanding the number of sites where in-person absentee voting is available and the number of hours during which those sites are open. To the extent that you face constraints in this context, including in finding adequate numbers of poll workers to staff early voting sites or securing resources to organize safe polling locations, we urge you to immediately alert officials at the Virginia Department of Elections, as well as our offices. As we approach the election, a fulsome understanding of the situation and needs across Virginia will be crucial to shaping a legislative response.

Americans are experiencing great hardship as a result of the ongoing public health emergency. For months, we have advocated for additional resources for local election officials grappling with the unprecedented voter turnout that is expected this November in the midst of a pandemic. While these requests have been ignored to this point, we hope to continue advocating for and amplifying the needs of Virginia’s elections officials during this critical time.

Sincerely,

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Gary Peters, Ranking Member of the Homeland Security and Governmental Affairs Committee, and the entire Senate Democratic caucus to demand answers from Postmaster General Louis DeJoy on significant operational changes he directed that have caused serious delays for postal customers in Virginia and across the country. In a letter, the Senators called on DeJoy to testify before Congress and provide clear, transparent answers on service delays that have caused seniors and veterans to miss their prescription medications, small businesses to lose money and customers over delayed packages, and other serious disruptions that affect communities across the country who count on the Postal Service for timely delivery.

“In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election,” wrote the Senators. “The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.” 

Last week, Warner and Kaine joined their colleagues in a letter to urge DeJoy to provide answers regarding reports of changes to long-standing practices at USPS that result in increased delivery times and costs for election mail, and urged him not to take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots. Sen. Warner also demanded immediate action last week to ensure that  Veterans and the VA can count on USPS for the timely delivery of essential prescription drugs. He has also previously pressed the Postmaster General regarding concerns from Virginians regarding delayed mail service.  

Text of the letter is copied below and available here.

Dear Mr. DeJoy:

We write to seek answers about changes to the U.S. Postal Service under your leadership that are adversely affecting mail delivery for Americans across the country.  We call on you to testify before Congress about these changes and their impact on every person in our nation.  

The Postal Service is an essential public institution with an obligation to serve every community in the nation.  As Postmaster General, you should not make changes that will slow down mail or compromise service for veterans, small businesses, rural communities, seniors, and millions of Americans who rely on the mail for medicines, essential goods, voting, correspondence, and for their livelihoods. 

Last week, however, you confirmed to Congress that you recently directed operational changes in post offices and processing centers. On August 7, 2020, you also announced a significant reorganization of Postal Service leadership and functions. These changes include the elimination of extra mail transportation trips, the reduction of overtime, the start of a pilot program for mail sorting and delivery policies at hundreds of post offices, and the reduction of equipment at mail processing plants.   

The Postal Service has characterized these changes as efficiency or cost-saving measures and minimized any “temporary service issues” as an “inevitable” side effect of implementing new procedures. However, in practice and in the midst of a pandemic, these actions, whether intentionally or not, are causing mail delays and appear to constitute an unacceptable threat to the Postal Service and the millions of Americans who depend on it.

In the weeks since you began to implement these changes, we have seen a steep increase in constituent concerns about mail delays, including restricted mail movement, limitations on carriers’ abilities to timely deliver mail, and most concerning, risks to receipt of critical mail involving life-saving medication and ballots for the upcoming general election.  There are also reports that post offices have significantly reduced their hours, including in West Virginia, where postal officials circulated an alarming document announcing potential post office closures before quickly withdrawing it and calling it a misunderstanding.

As Postmaster General, you have avoided answering questions about the magnitude of delays we have seen and have not yet provided any evidence that you studied or considered how your changes would affect delays and mail service before implementing these changes.  Furthermore, you have refused to engage with nearly all Members of Congress who have reached out to you or raised concerns about these issues.  Inevitably, without additional information or engagement from you or the Postal Service with stakeholders about these changes, your actions raise questions regarding your intent and whether you have adequately sought to fully understand the Postal Service’s current capabilities, personnel, and public service mission before implementing these changes.   

The Postal Service is a public institution that both serves and belongs to every person in our nation. As a result, we call on you to testify before Congress about all changes you have made and plan to make as Postmaster General.  The lack of transparency so far regarding the intent, scope, and responsibility for changes at the Postal Service is unacceptable.  We understand you have committed to being more forthcoming and transparent with Congress and the American people regarding these changes, including providing documentation of the operational changes you have made and will be making since beginning your term.  For every American who relies on the Postal Service, we call on you to fulfill that commitment without delay. 

To that end, please provide the following information by August 21, 2020:

1.               Please explain how the changes you have made to Postal Service operations since becoming Postmaster General have affected on-time mail delivery (i.e. service performance).  Please provide all nationwide, Area, and regional service performance data since June 15, 2020.

2.               Did you conduct any formal analysis before making these changes to Postal Service operations, including analysis of the potential effect on service performance?  If so, please provide the analysis.  If not, explain why not.   

3.               It appears the Postal Service did not consult meaningfully with any stakeholders, including unions, mailing industry stakeholders, or others, before implementing these operational changes.  Please explain why. 

a.     Did you discuss these operational changes, or any other potential operational changes, with Administration officials outside the Postal Service?  Please list and describe any such discussions.

4.               What analysis did you conduct over your 8 weeks as Postmaster General to determine an “organizational realignment” was necessary and that the previous structure was inadequate?  Please provide copies and descriptions of any analysis, including any discussions with employees and business stakeholders.  

a.     The reorganization reshuffles reporting relationships and Postal Service geographic Areas.  How will this affect coordination among essential functions of the Postal Service during this pandemic?  How will this affect reports of service performance and other essential performance metrics? 

5.               What, if any, plans are under consideration for further post office or facility hour reductions, suspensions, closures, or consolidations?

6.               What steps will you be taking to suspend or halt any changes adversely affecting mail delivery during this pandemic and in advance of the general election?

Thank you for your attention to this important matter. 

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WASHINGTON – U.S. Sen. Mark R. Warner joined Sen. Amy Klobuchar (D-MN), Ranking Member of the Senate Rules Committee, Gary Peters (D-MI), Ranking Member of the Homeland Security and Governmental Affairs Committee, Tom Carper (D-DE), and Senate Democratic Leader Chuck Schumer (D-NY), along with the entire Senate Democratic caucus, in a letter urging U.S. Postmaster General Louis DeJoy to provide answers regarding reports of recent changes to long-standing practices at USPS that would result in increased delivery times and costs for election mail, and urged him not take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots.  

Despite numerous reports from across the country of slow delivery, mail left sitting in facilities overnight and challenges delivering absentee ballots on time to election officials, DeJoy has refused to provide Congress with satisfactory answers on his actions he has taken and continues to assert that election officials must pay the First Class rate for election mail to be prioritized. This letter follows previous requests from the lawmakers that demanded answers from DeJoy after he refused to answer whether reported changes restricting mail delivery came at his direction. DeJoy has since confirmed changes in delayed mail came at his direction. 

“Like voting itself, the U.S. Postal Service (USPS) is vital to our democracy. Since you assumed the role of Postmaster General, there have been disturbing reports regarding changes at USPS that are causing significant delays in the delivery of mail. Under normal circumstances, delayed mail is a major problem – during a pandemic in the middle of a presidential election, it is catastrophic,” the lawmakers wrote. 

“Instead of taking steps to increase your agency’s ability to deliver for the American people, you are implementing policy changes that make matters worse, and the Postal Service is reportedly considering changes that would increase costs for states at a time when millions of Americans are relying on voting by mail to exercise their right to vote.

“We have received reports that in the last several weeks, the Postal Service sent letters to state election officials that indicate that the Postal Service will not automatically treat all election mail as First Class. If any changes are made to longstanding practices of moving election mail just months ahead of the 2020 general election, it will cause further delays to election mail that will disenfranchise voters and put significant financial pressure on election jurisdictions.”

The full text of the letter can be found HERE and below:

Dear Postmaster DeJoy:

We write to express significant concern regarding reports that you are implementing policy changes that will increase the cost for timely delivery of election mail, and to urge you not to take any action that makes it harder and more expensive for Americans to vote.  

Like voting itself, the U.S. Postal Service (USPS) is vital to our democracy. Since you assumed the role of Postmaster General, there have been disturbing reports regarding changes at USPS that are causing significant delays in the delivery of mail. Under normal circumstances, delayed mail is a major problem – during a pandemic in the middle of a presidential election, it is catastrophic. Instead of taking steps to increase your agency’s ability to deliver for the American people, you are implementing policy changes that make matters worse, and the Postal Service is reportedly considering changes that would increase costs for states at a time when millions of Americans are relying on voting by mail to exercise their right to vote.

The National Voter Registration Act of 1993 (NVRA) allows state and local officials to send materials authorized or required under the Act, such as absentee ballot applications, at USPS Nonprofit Marketing Mail prices. These prices are lower than the regular USPS Marketing Mail prices and election officials across the country rely on the lower rates to send voters important election mail in a cost-effective manner. Absentee ballots themselves are not specifically covered under the NVRA; however, many jurisdictions receive the lower rate for ballots as well because they utilize the Undeliverable As Addressed (UAA) information from returned ballots for list maintenance activities prescribed under the NVRA. The practice of mailing out ballots as Marketing Mail has been formalized to the degree that the 2020 Official Election Mail Kit (Kit 600) sent to election officials in January 2020 includes advice on how to decide whether to send ballots by First Class or Marketing Mail.

While First Class mail normally has a delivery standard of 2-5 days, and Nonprofit Marketing Mail has a delivery standard of 3-10 days, it has been the practice of USPS to treat all election mail as First Class mail regardless of the paid class of service. Reports from the USPS Office of the Inspector General (OIG) support the fact that USPS has traditionally prioritized election mail. An OIG report on the 2018 elections found that 95.6 percent of election and political mail was delivered within the 1-3 day service standard applied to First Class mail. That is extremely close to the USPS overall goal of delivering 96 percent of First Class mail within the 1-3 day service standard and clearly indicates that election mail was being processed across the country as if First Class service standards applied. In addition, the OIG also conducted interviews in which area and facility managers stated that they treat all election mail as First Class mail. 

We have received reports that in the last several weeks, the Postal Service sent letters to state election officials that indicate that the Postal Service will not automatically treat all election mail as First Class. If any changes are made to longstanding practices of moving election mail just months ahead of the 2020 general election, it will cause further delays to election mail that will disenfranchise voters and put significant financial pressure on election jurisdictions. Many state deadlines allow voters to request absentee ballot applications and absentee ballots within a few days of Election Day, so it is vital that standard delivery times remain low and pricing remain consistent with past practices to which election officials and voters are accustomed.

As you know, state laws set deadlines for voter registration, absentee ballot requests, and ballot postmarking and/or delivery. Changes to previous practices regarding election mail would upset these timelines. Furthermore, changing any policy for election mail only months before Election Day does not give election officials sufficient time to respond by changing deadlines set in law, especially since many state legislatures have adjourned.

Although some election jurisdictions may be able to send their election mail at the First Class rate, the overwhelming majority of jurisdictions simply do not have sufficient resources to do so. Election officials are coping with budgets that are severely strained by the increase in requests for absentee ballots and other costs associated with the pandemic. Despite our continued efforts, Congress has so far only provided states with $400 million in emergency funding for elections—billions short of what experts say is needed to keep voters safe this year. As election officials across the country plead with Congress to authorize additional election funding, reports suggest the Postal Service could implement changes that suddenly increase costs for Americans to safely vote. That is wrong and unacceptable.

As Postmaster General, you have a duty to our democracy to ensure the timely delivery of election mail. Millions of Americans’ right to vote depends on your ability to get the job done. We urge you not to increase costs for election officials, and to direct all Postal Service employees to continue to prioritize delivery of election mail.

We understand you have committed to being more forthcoming and transparent with Congress and the American people regarding your work as Postmaster, including the Postal Service’s plan to successfully deliver election mail during the 2020 elections. Accordingly, we ask you to publicly release this plan and provide answers to the following questions no later than August 25.

1.     Prior to 2020 it was the practice of the Postal Service to prioritize the delivery of all election mail, including voter registration materials, absentee ballot request, and ballots, to meet the equivalent of First Class delivery times no matter what class of mail was used to send it. Will the Postal Service commit to continuing this practice?

2.     Will the Postal Service commit to continuing its longstanding practice of allowing election officials to mail ballots to voters at Nonprofit Marketing Mail Rates?

3.     Has USPS headquarters staff provided any guidance, formally or informally, in writing or verbally, regarding the service standards to be applied to election mail not sent at the First Class rate? Please provide copies of any such guidance.

 4.     Please provide copies of any letters or guidance sent to state or local election officials regarding the service standards that will be applied to election mail.

Sincerely,

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