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The Promise of Equality in Voting The Promise of Equality in Voting Still Not a Reality Still Not a Reality

for Americans with Disabilitiesfor Americans with Disabilities

Granite State Independent LivingGranite State Independent Living““Tools for Living Life on Your Terms”Tools for Living Life on Your Terms”

Presented by: Clyde Terry, JD, Executive DirectorPresented by: Clyde Terry, JD, Executive Director

www.gsil.orgwww.gsil.org

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““Background Sketch”Background Sketch”

Election Generally Governed by State LawElection Generally Governed by State Law

Voting ProceduresVoting Procedures

Ballot RequirementsBallot Requirements

Section 504 Rehabilitation Act of 1973Section 504 Rehabilitation Act of 1973

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Voting Accessibility for the Voting Accessibility for the Elderly and Handicapped Elderly and Handicapped

of 1984of 1984

No Accessibility StandardsNo Accessibility Standards

No Accountability No Accountability

No Enforcement ProvisionsNo Enforcement Provisions

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Americans with Disabilities Act Americans with Disabilities Act of 1990of 1990

Title II “State and Local Governments”Title II “State and Local Governments”

““Program AccessProgram Access

Title III “Public Accommodation”Title III “Public Accommodation”

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Studies of Studies of 1998 and 2000 Elections1998 and 2000 Elections

Anecdotes and Studies found Polling Anecdotes and Studies found Polling Places were still not accessiblePlaces were still not accessible

Americans with disabilities were still Americans with disabilities were still voting 15% lower than other voting 15% lower than other populationspopulations

Voters that were blind or visually Voters that were blind or visually impaired could not vote independentlyimpaired could not vote independently

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Help America Vote Act Help America Vote Act of 2002of 2002

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

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Findings of IssuesFindings of Issuesfor People with Disabilitiesfor People with Disabilities

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

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HAVA RequirementsHAVA Requirements After January 1, 2004, certain voting After January 1, 2004, certain voting

information must be posted at every information must be posted at every polling place on election day, polling place on election day, including:including:

1)1) A sample of the ballot used for that election.A sample of the ballot used for that election.

2) Instructions on how to vote, such as how to 2) Instructions on how to vote, such as how to cast a vote and how to cast a provisional ballot.cast a vote and how to cast a provisional ballot.

3) Instructions for mail-in registrants and first time 3) Instructions for mail-in registrants and first time voters. voters.

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(cont) (cont) HAVA RequirementsHAVA Requirements

Additional information to be posted at Additional information to be posted at polling places: polling places:

4) General information on voting rights under 4) General information on voting rights under applicable federal and state laws, including applicable federal and state laws, including the right of an individual to cast a provisional the right of an individual to cast a provisional ballot.ballot.

5) Instructions on how to contact the appropriate 5) Instructions on how to contact the appropriate officials if these rights have been violated.officials if these rights have been violated.

6) Information on federal and state laws 6) Information on federal and state laws prohibiting fraud andprohibiting fraud and misrepresentation. misrepresentation.

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By January 1, 2006By January 1, 2006States must:States must:

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

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By January 1, 2006By January 1, 2006States must:States must:

Provide voters an opportunity to check for Provide voters an opportunity to check for and correct errors on ballots.and correct errors on ballots.

Provide provisional ballots to make sure Provide provisional ballots to make sure that no one is turned away at the polls, poll that no one is turned away at the polls, poll workers will allow the individual to vote workers will allow the individual to vote and verify registration status later. (Same and verify registration status later. (Same Day Registration Exception).Day Registration Exception).

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HAVA will…HAVA will…

Ensure that individuals with disabilities Ensure that individuals with disabilities have full participation in all parts of the have full participation in all parts of the electoral process:electoral process:

Registering to Vote Registering to Vote

Accessing Polling PlacesAccessing Polling Places

VotingVoting

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What is going on in States to What is going on in States to implement HAVA?implement HAVA?

The state must develop a plan that The state must develop a plan that includes the community effected.includes the community effected.

Questions remain about whether Questions remain about whether systems will have to provide paper systems will have to provide paper printout of votesprintout of votes..

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ADA and Section 504ADA and Section 504 HAVA does not state in what format the HAVA does not state in what format the

information at polling places will be information at polling places will be provided, but under ADA it should be provided, but under ADA it should be accessible to all voters.accessible to all voters.

These new requirements are in addition to These new requirements are in addition to the ADA, Section 504 of the Rehabilitation the ADA, Section 504 of the Rehabilitation Act of 1973 and the Voting Accessibility for Act of 1973 and the Voting Accessibility for the Elderly and Handicapped Act of 1984. the Elderly and Handicapped Act of 1984. These require state and local governments These require state and local governments to provide accessible programs and to provide accessible programs and facilities, such as polling places and facilities, such as polling places and registration sites. registration sites.

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Help America Vote ActHelp America Vote Act(HAVA)(HAVA)

Standard for AccessibilityStandard for Accessibility

EnforcementEnforcement

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What Do We Do Until HAVA is What Do We Do Until HAVA is Fully Implemented?Fully Implemented?

Be at the TableBe at the Table

EducateEducate

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Are There Things To Do Are There Things To Do In the Interim?In the Interim?

Temporary SolutionsTemporary Solutions

Physical AccessPhysical Access

Move the Polling Place Move the Polling Place

Temporary RampsTemporary Ramps

Magnifiers (4X and 8X)Magnifiers (4X and 8X)

Note TakingNote Taking

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Caveat:Caveat:

“Temporary Solutions “Temporary Solutions DO NOT DO NOT

excuse the Requirements for excuse the Requirements for FULL Compliance FULL Compliance

with HAVA.”with HAVA.”

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Thank you for your time and Thank you for your time and attention!attention!