The Promise of Equality in Voting Still Not a Reality for Americans with Disabilities

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The Promise of Equality in Voting Still Not a
Reality for Americans with Disabilities

• Granite State Independent Living
• Tools for Living Life on Your Terms
• Presented by Clyde Terry, JD, Executive Director
• www.gsil.org

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Background Sketch

• Election Generally Governed by State Law
• Voting Procedures
• Ballot Requirements
• Section 504 Rehabilitation Act of 1973

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Voting Accessibility for the Elderly and
Handicapped of 1984

• No Accessibility Standards
• No Accountability
• No Enforcement Provisions

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Americans with Disabilities Act of 1990

• Title II State and Local Governments
• Program Access
• Title III Public Accommodation

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Studies of 1998 and 2000 Elections

• Anecdotes and Studies found Polling Places were
  still not accessible
• Americans with disabilities were still voting 15
  lower than other populations
• Voters that were blind or visually impaired could
  not vote independently

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Help America Vote Act of 2002

• Congress wanted to ensure that EVERYONE CAN VOTE
  and that ALL VOTES COUNT

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Findings of Issuesfor People with Disabilities

• Lack of opportunity to be a full part of civic
  process
• Inaccessible polling places
• Inaccessible ballots (small type, levers)
• Lack of privacy, especially for people who have
  visual disabilities
• Lack of access to secret ballots

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HAVA Requirements

• After January 1, 2004, certain voting
  information must be posted at every polling place
  on election day, including
• 1) A sample of the ballot used for that
  election.
• 2) Instructions on how to vote, such as how to
  cast a vote and how to cast a provisional ballot.
• 3) Instructions for mail-in registrants and
  first time voters.

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(cont) HAVA Requirements

• Additional information to be posted at polling
  places
• 4) General information on voting rights under
  applicable federal and state laws, including the
  right of an individual to cast a provisional
  ballot.
• 5) Instructions on how to contact the
  appropriate officials if these rights have been
  violated.
• 6) Information on federal and state laws
  prohibiting fraud and misrepresentation.

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By January 1, 2006States must

• Provide at least one voting machine per precinct
  that is accessible to people with disabilities
  (e.g., voice-activated, allow blind people to
  vote in privacy, and adjustable in height).

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By January 1, 2006States must

• Provide voters an opportunity to check for and
  correct errors on ballots.
• Provide provisional ballots to make sure that no
  one is turned away at the polls, poll workers
  will allow the individual to vote and verify
  registration status later. (Same Day
  Registration Exception).

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HAVA will

• Ensure that individuals with disabilities have
  full participation in all parts of the electoral
  process
• Registering to Vote
• Accessing Polling Places
• Voting

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What is going on in States to implement HAVA?

• The state must develop a plan that includes the
  community effected.
• Questions remain about whether systems will have
  to provide paper printout of votes.

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ADA and Section 504

• HAVA does not state in what format the
  information at polling places will be provided,
  but under ADA it should be accessible to all
  voters.
• These new requirements are in addition to the
  ADA, Section 504 of the Rehabilitation Act of
  1973 and the Voting Accessibility for the Elderly
  and Handicapped Act of 1984. These require state
  and local governments to provide accessible
  programs and facilities, such as polling places
  and registration sites.

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Help America Vote Act(HAVA)

• Standard for Accessibility
• Enforcement

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What Do We Do Until HAVA is Fully Implemented?

• Be at the Table
• Educate

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Are There Things To Do In the Interim?
Temporary Solutions

• Physical Access
• Move the Polling Place
• Temporary Ramps
• Magnifiers (4X and 8X)
• Note Taking

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CaveatTemporary Solutions DO NOT excuse the
Requirements for FULL Compliance with HAVA.
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• Thank you for your time and attention!