Election Accessibility Election Accessibility 20042004

Christina Galindo-Walsh Christina Galindo-Walsh National Association of Protection National Association of Protection and Advocacy Systems (NAPAS)and Advocacy Systems (NAPAS)

Protection and Advocacy Protection and Advocacy Systems (P&As)Systems (P&As)

One P&A in each state and U.S. territoryOne P&A in each state and U.S. territory

Services based on community developed Services based on community developed priorities priorities

P&As have a special role in helping to P&As have a special role in helping to ensure voting access to PWDensure voting access to PWD

The P&A Role under The P&A Role under HAVAHAVA

The Help America Vote Act of 2002 The Help America Vote Act of 2002 (HAVA) directs P&As to help ensure (HAVA) directs P&As to help ensure election access. election access.

P&As P&As cannotcannot use HAVA funds to litigate use HAVA funds to litigate

Access for Voters with Access for Voters with DisabilitiesDisabilities

In 2000In 2000 84% of polling places had some barrier to 84% of polling places had some barrier to

access.access. 27% of counties studied did not take into 27% of counties studied did not take into

account accessibility when selecting polling account accessibility when selecting polling sites.sites.

None of the polling places visited had None of the polling places visited had special ballots or voting equipment adapted special ballots or voting equipment adapted for blind voters. for blind voters.

What did state election What did state election officials site as the biggest officials site as the biggest hurdle? hurdle?

Lack of FundingLack of Funding

Will people with disabilities be Will people with disabilities be able to vote in 2004?able to vote in 2004?

The Key to Voting in The Key to Voting in 2004 . . .2004 . . .

Know your Rights!Know your Rights!

Key Federal Laws that Key Federal Laws that Protect or Assist Voters Protect or Assist Voters with Disabilitieswith Disabilities

The Voting Rights Act of 1965The Voting Rights Act of 1965

Voting Accessibility for the Elderly and Voting Accessibility for the Elderly and Handicapped Act of 1984Handicapped Act of 1984

National Voter Registration Act of 1993National Voter Registration Act of 1993

The Americans with Disabilities ActThe Americans with Disabilities Act

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

Voting Rights Act (VRA)Voting Rights Act (VRA) Assistance of Choice Assistance of Choice

Covers individuals who are blind, have a Covers individuals who are blind, have a disability or are unable to read or write.disability or are unable to read or write.

PWD have the right to assistance from a PWD have the right to assistance from a person they choose.person they choose.

Assistance from anyone except the voter's Assistance from anyone except the voter's employer or an agent of the voter's union. employer or an agent of the voter's union.

Voting Accessibility for the Elderly Voting Accessibility for the Elderly and Handicapped Act (VAEHA)and Handicapped Act (VAEHA)

Polling places (generally) to be physically Polling places (generally) to be physically accessible to PWDaccessible to PWD

Alternate means of casting a ballotAlternate means of casting a ballot Registration and voting aids should be Registration and voting aids should be

available for PWD and elderly votersavailable for PWD and elderly voters No specialized documents for absentee No specialized documents for absentee

ballotsballots

National Voter Registration Act National Voter Registration Act (NVRA or “Motor Voter Act”)(NVRA or “Motor Voter Act”)

Increase low registration rates of minorities Increase low registration rates of minorities and PWD. and PWD.

Requires all offices of state-funded Requires all offices of state-funded programs to provide registration programs to provide registration opportunities and assistance. opportunities and assistance.

Americans with Disabilities Act Americans with Disabilities Act (ADA)(ADA)

Requires state and local governments to give Requires state and local governments to give PWD an equal opportunity to benefit from all PWD an equal opportunity to benefit from all

of their programs, services and activities, of their programs, services and activities, including voting.including voting.

ADA and VotingADA and Voting

Interpretations of the ADA have found Interpretations of the ADA have found that Title II does that Title II does notnot:: require every polling place be accessible to require every polling place be accessible to

persons with mobility impairmentspersons with mobility impairments guarantee privacy to PWDguarantee privacy to PWD guarantee voter who are blind the right to guarantee voter who are blind the right to

cast their vote in secretcast their vote in secret

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

Replacement of Replacement of antiquated voting antiquated voting machines machines

Improvement of Improvement of election election administrationadministration

Voting complaint Voting complaint procedureprocedure

Standards for Standards for election election administration and administration and technology technology

Provisional ballotsProvisional ballots

Elections Assistance Elections Assistance Commission (EAC)Commission (EAC)

HAVA’s Disability ProvisionsHAVA’s Disability Provisions

Accessible voting machinesAccessible voting machines Right to vote privately and independentlyRight to vote privately and independently Grants to improve physical and nonvisual Grants to improve physical and nonvisual

access to polling places access to polling places P&As to help ensure election accessP&As to help ensure election access PWD in planning for HAVA compliance PWD in planning for HAVA compliance Funds for research on accessible voting Funds for research on accessible voting

technologytechnology

Common problems Common problems experienced by voters with experienced by voters with disabilities disabilities

Inaccessible polling placesInaccessible polling places Voter challenged because of disabilityVoter challenged because of disability Poll workers equipment or other Poll workers equipment or other

accommodationaccommodation Non-traditional signatures questionedNon-traditional signatures questioned Refusal to allow voter to bring assistant of Refusal to allow voter to bring assistant of

choicechoice Refused or rushed assistanceRefused or rushed assistance

What accessibility What accessibility improvements will be in place improvements will be in place

this year because of HAVA?this year because of HAVA? SomeSome accessible voting machines accessible voting machines SomeSome polling places with better polling places with better

accessibility accessibility Some Some poll workers that are better trained poll workers that are better trained

in working with PWD and providing in working with PWD and providing accommodations to them accommodations to them

Our hope: that many more PWD that Our hope: that many more PWD that know their rights!know their rights!

What to do What to do beforebefore Election DayElection Day

Register to vote!Register to vote! Make sure you are on the voter listMake sure you are on the voter list Confirm your polling place and make sure it’s Confirm your polling place and make sure it’s

accessibleaccessible Apply for an absentee ballot if you’ll be out of Apply for an absentee ballot if you’ll be out of

town or can’t make it to the polling place. town or can’t make it to the polling place. Familiarize yourself with the ballot and voting Familiarize yourself with the ballot and voting

equipment you’ll useequipment you’ll use Take advantage of early votingTake advantage of early voting Get a copy of the rights of voters in your stateGet a copy of the rights of voters in your state

What to bring with you What to bring with you on Election Dayon Election Day

Identification Identification A sample ballot and/or your notes on A sample ballot and/or your notes on

candidatescandidates Someone to assist you if you need help Someone to assist you if you need help

voting voting Voting rights palm card Voting rights palm card

Identification Identification

Who Who must must have ithave it Who Who shouldshould bring it …EVERYONE! bring it …EVERYONE! What I.D. is acceptableWhat I.D. is acceptable

current and valid photo identificationcurrent and valid photo identification current utility bill, bank statement, current utility bill, bank statement,

government check, paycheck, or other government check, paycheck, or other government document that shows the name government document that shows the name and address of the voterand address of the voter

Some states except additional forms of I.D. Some states except additional forms of I.D.

Provisional Ballots Provisional Ballots

Voters whose eligibility is in doubt Not on the voter list Individual that must have I.D. Bonafide legal challenge to voter’s

eligibility Ballot is conditional Counted if eligibility is verified

What to Do if You Experience What to Do if You Experience Election Day ProblemsElection Day Problems  

Call toll free --- 1-866-Our-VoteCall toll free --- 1-866-Our-Vote   report problems and get informationreport problems and get information receive advice on what to doreceive advice on what to do

Contact your local P&AContact your local P&A   Many P&As having voting hotlines as wellMany P&As having voting hotlines as well Assistance with technical disability issuesAssistance with technical disability issues

State Specific Voter InfoState Specific Voter Info

Voters Bill of RightsVoters Bill of Rights www.ourvote.comwww.ourvote.com

Contact your state’s P&AContact your state’s P&A www.napas.orgwww.napas.org

ACLU Voter Empowerment CardsACLU Voter Empowerment Cards http://www.aclu.org/VotingRights/http://www.aclu.org/VotingRights/

Need more information?Need more information?

NAPAS website: NAPAS website: www.napas.orgwww.napas.org Contact information for your state’s P&AContact information for your state’s P&A Voting WebpageVoting Webpage

Voting lawsVoting laws Disability Voting ResourcesDisability Voting Resources General Voting Resources General Voting Resources Links to other voting pages on the webLinks to other voting pages on the web

Your Vote is Your Your Vote is Your Voice!Voice!

Let decision makers know Let decision makers know what is important to you what is important to you