Social Security and Running for Office, Part 2: Legislative and Regulatory Changes
Last week, we discussed how running for office can impact your ability to receive Supplemental Security Income or Social Security Disability Insurance (SSDI). As a recap, the Social Security Administration (SSA) may factor your campaign activity into their determinations on your disability and benefits receipt. This means that disabled people on Social Security and Medicaid may have to choose between continuing to receive benefits and running for office, even if the elected office is a part-time position with low or no salary. This also means that millions of Americans are denied the opportunity to serve in leadership positions in government.
What can be done so that more disabled people can serve in elected office? Read on to learn what legislation has been proposed to fix this issue, and what else can be done to level the playing field when it comes to running for and serving in elected leadership.
Removing Access Barriers to Running for Elected Office for People with Disabilities Act
Introduced in 2022 by Senator Bob Casey (D-PA), the “Removing Access Barriers to Running for Elected Office for People with Disabilities Act” was introduced as a direct fix to Social Security’s limitations around running for office. The legislation “excludes income earned and work performed as a candidate for an elected office when determining eligibility for, or the amount of, federally financed benefits or assistance if the candidate is entitled to Social Security Disability Insurance or Supplemental Security Income due to a disability.”
This means that the Social Security Administration would not view campaign work and earnings as signs of medical improvement or substantial gainful activity, and it would eliminate the risk of losing benefits due to running for elected office. It would be a critical first step towards making it so that disabled people do not have to choose between running for office and keeping their benefits. Unfortunately, this bill died in committee in 2022, but we are hopeful that it will be reintroduced as a critical measure to re-enfranchise disabled people who want to run for elected office.
While the Removing Access Barriers to Running for Elected Office for People with Disabilities Act makes it so that disabled people can safely campaign for office, it does not address disabled people who serve in elected office. Further legislation is needed for disabled elected officials so that their activities in elected office are not counted in their eligibility for disability benefits. This may prove to be a bit more challenging, however, as some elected officeholders have a salary, while some receive no salary. Those salaries can range from a couple thousand dollars per year to six-figure salaries in major city council seats and federal office. For example, Congresspeople and Senators make an annual salary of $174,000 and receive a comprehensive benefits package while performing a full-time job. Meanwhile, a local school board member may receive no salary and work a few hours per week. Legislators would need to write legislation to take into account the variation among elected officials’ duties and compensation.
Increasing the Salary for State Legislative Positions
Another way to make running for elected office at the state level more accessible to disabled Americans is to make state legislative positions full-time jobs with a livable salary. As we mentioned in last week’s piece, New American Leaders has reported that only four states have full-time legislators who receive adequate compensation.
When legislators do not receive adequate compensation, it limits who can run for and hold elected office. People who are wealthy have an easier time running for office, as they will not have to worry about finding additional income streams or ensuring that their work schedule can accommodate the legislative session. For others who don’t have that wealth, they need to have a second stream of income from another occupation, and a job that can support their absence from that position during legislative sessions that can stretch over days and weeks. For example, the Tampa Bay Times reported that in Florida, which has a part-time legislative body, nearly half of legislators were lawyers and chief executive officers, and that most of Florida’s legislature were self-employed, retired, or wealthy.
Inadequate compensation for elected officials limits who can serve in elected office and stifles the diversity of those elected officeholders. People of marginalized genders, Black, Indigenous, and people of color, and disabled people continue to be underrepresented.
For disabled people, getting off of SSI or SSDI benefits is an extremely serious decision. It is even more difficult if they must consider losing benefits benefits for a job that does not provide a livable salary. Disabled people face employment discrimination and may have difficulty finding a second job that can accommodate both their needs and the legislative schedule. Additionally, disabled people often have to pay more for services and supports: everything from mobility aids and assistive technology to personal and medical care. By increasing the salary of state legislators, more disabled people may be able to serve in elected office.
Revising FEC Rules around Candidate Compensation
As we mentioned in last week’s piece, candidates running for federal elected office are allowed to use campaign funds to take a salary, but there are several issues with the current Federal Election Commission (FEC) rules around how that salary is determined. The candidate’s compensation “must not exceed the lesser of the minimum annual salary for the federal office sought or the earned income that candidate received during the year prior to becoming a candidate.” This means that if the candidate had a very low salary in the year before they ran for office or they were unemployed, the salary they are allowed to receive is also very low. Meanwhile, candidates who were in well-compensated positions are allowed to draw a much higher salary. This continues to perpetuate income inequality, and the FEC sought public comment in late 2022 on changing this rule and providing six alternative ways to determine how much compensation a candidate can receive from campaign funds.
Additionally, candidates are prohibited from using campaign funds to pay for insurance premiums. For disabled people, health insurance is often a critical need for us to access care, and our health insurance premiums can be higher due to needing more comprehensive coverage. By changing the FEC rule to allow for campaign funds to pay for health insurance premiums, more disabled people may be able to run for elected office while also affording the care that they need.
Just the Beginning
These are just a few of the legislative and regulatory changes that could make running for and holding elected office more accessible to disabled people. However, this is a complex issue and not limited to these three ideas. For example, asset limits for people on Supplemental Security Income (SSI), which are capped at $2,000 for individuals and $3,000 for couples, would also pose a significant problem for any disabled elected officials on Social Security who draw even a small salary. The bipartisan Savings Penalty Elimination Act was introduced last year to raise these asset limits, but was ultimately not passed. This legislation would have increased those asset limits to $10,000 and $20,000, respectively. This bill was not successful in 2022, but efforts to raise these outdated asset limits are ongoing.
Additionally, federal candidates and candidates in 10 states may use campaign funds to pay for child care, and there is a legislative push to expand this option to other states. Could there be an opportunity in the future to model off of this legislation and allow campaign funds to be used for personal care needs for disabled people who require personal assistance?
When it comes to making elected office more accessible to the majority of Americans, we need creative policy solutions that address longstanding inequality in our electoral system and in society. These proposed policies are just the beginning of what we can do to make our government more equitable and representative.