The Right to a Private And Independent Vote Andrew Berk Attorney Paul R. Spencer

DISCLAIMER This training is not legal advice. Disability Rights California has not agreed to represent anyone at this training. Nothing said during this training is confidential. We cannot answer questions asking for advice on individual legal issues. If you have a legal issue that you would like to discuss with Disability Rights California, please call our intake line at 800- 776-5746.

What You Will Learn Overview of laws that provide voting rights for people with disabilities Ways to register Your legal rights at the polling place Polling place accessibility How to participate in voting advocacy 3

Laws that Make Voting Accessible Title II of the ADA: Prevents discrimination in state and local government services, programs and activities Section 504 of the Rehabilitation Act: Prevents discrimination in federal government and programs or activities receiving federal funding California Government Code 11135: Prevents discrimination in California government and programs or activities receiving California funding Help America Vote Act (HAVA): Voting machines must allow people with disabilities to vote privately and independently

Laws that Give You Voting Rights (continued) Voting Rights Act: You can choose someone to help you vote as long as they are not connected with your employer or a union California Elections Code Section 14282: California law that grants the same right described above. Voting Accessibility for the Elderly and Handicapped Act (VAEHA): Requires improved accessibility in voting registration and polling places in federal elections

Who Can Vote? You have the right to vote if: You are 18 or older You are a United States citizen You have not been convicted of a felony You are registered to vote at your current address Not currently found to be mentally incompetent by a court of law Transit Agency Has Burden To Prove Defenses

Who Can Register? People under conservatorship who are not disqualified Can only be disqualified if there is clear and convincing evidence that you cannot communicate a desire to vote with or without reasonable accommodations and: You or your estate is under conservatorship You are held incompetent to stand trial You plead or are found not guilty by reason of insanity Transit Agency Has Burden To Prove Defenses

Conservatorships and Voting Conservatorship: A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances. Unless the court has specifically taken away the right to vote, a conservatee can register to vote if they are otherwise eligible.  

SB 589 and Restoring Voting Rights in California In 2015, the California state legislature passed a law called SB 589. The main provision in SB 589 is that, before a court removes the right to vote from a person under a conservatorship, it must have “clear and convincing evidence” that the person cannot communicate, with or without reasonable accommodations, their desire to participate in the voting process. Also, there is a presumption that a person who has completed a Voter Registration Card is able to communicate their desire to participate in the voting process.

“Mental incompetence” and SB 589 A conservatorship can only take away someone’s right to vote when a court finds a conservatee “mentally incompetent.” “Mentally Incompetent”: clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting

What if a voter asks you if they are eligible to vote: Check the order appointing a conservator (GC 340). There should be a section that says whether or not the conservatee has been disqualified from voting. If the box is not checked, they are eligible to vote. Check the county elections office records to see if they are eligible. If the voter is a client of the local regional center, ask the case manager to check. Ask the conservator if the conservatee has the right to vote. (IMPORTANT: Please note that the conservator does not control the right to vote.)

How can Someone get the right to vote back? The court will have to make a new decision. Upon review of the conservatorship, the judge will decide if the conservatee still qualifies as “mentally incompetent.” Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored. The court shall notify the Secretary of State and the county elections official that the conservatee’s right to vote is restored. A conservatee can get the right to vote back by waiting for the court’s regular review of the conservatorship, or by contacting the court and requesting a review.

Cont: How can Someone get the right to vote back? Court investigators are supposed to come out and review conservatorships. It should happen either annually or every two years. However, the courts are underfunded and cannot evaluate conservatorships on time. If someone wants their voting rights reviewed right away, they can contact the court to request a review of the right to vote. A letter can be directly mailed or sent to the court. Use the DRC toolkit!

How to Register Fill out a voter registration card at a California designated voter registration agency such as: DMV Medi-Cal office Social Security office State or local Department of Mental Health office Register online at https://registertovote.ca.gov/ If you do not register 15 days before Election Day, you can still vote provisionally at a polling place

How Can I Get Help With Registering? People can help you at the following agencies: Department of Motor Vehicles Local welfare offices Regional Centers Local offices of the Department of Mental Health Local offices of the Department of Rehabilitation Independent Living Centers State and County Mental Health Providers Community-based nonprofit organizations under contracts with the Department of Health Services Local Social Security offices Local offices of the Franchise Tax Board You can ask people from these agencies to provide assistance with voter registration in the person's home if they provide public assistance or services to people with disabilities in their homes. Transit Agency Has Burden To Prove Defenses

How to Vote At your designated polling place Fill out vote by mail application and send it to county elections office Can submit application to vote by mail no later than the 7th day before Election Day Must be a registered voter to apply Ballot can be returned to the county elections office through Election Day

Your Legal Rights at the Polling Place Extra Time to Vote at Accessible Voting Machine Having Someone Help You Vote in a Voting Booth Sitting and Waiting to Vote Instead of Standing in Line Ask for a change to any policy, practice or procedure that prevents you from voting because of your disability This request is called a reasonable modification Transit Agency Has Burden To Prove Defenses

Polling Place Accessibility Parking: Must have access on aisle and disabled parking sign Path of Travel: there must be an accessible route to the entrance of the polling place from: accessible parking passenger drop-off sites sidewalks and walkways public transportation stops Ramps Protruding objects: must be detectable by someone using a cane Building entrance: must be big enough for mobility device

Accessible Voting Systems

Signature Stamps You Can Use a Unique Mark or Signature Stamp to Register and to Vote A signature is: A person’s mark next to the signature of their designated witness Witness must be 18 or older Signature stamp counts as a mark The county elections office must approve the signature stamp unless the person registered to vote online and the signature stamp has been used at the DMV Transit Agency Has Burden To Prove Defenses

Medical Emergency Ballot Can request ballot even after the deadline when: you cannot leave nursing facilities, hospitals, or your homes because of an illness or disability you can’t go to a polling place because of a physical disability your polling places are not accessible voting equipment at polling places is not accessible

Requesting and Returning Medical Emergency Ballot To request Medical Emergency Ballot, give a signed written statement to your elections official explaining why you need the ballot Someone can help you, but they must write the words “Witnessed by” on your statement and sign their name Your elections official should mail you a ballot and identification envelope You must return ballot and sealed identification envelope Sign your name and write the date on the envelope Write the name of the person who you want to return the ballot on the envelope

Help America Vote Act (HAVA) Complaint to California Secretary of State What they oversee: all state and local elections Deadline: 60 days after each incident of discrimination or 90 days after you become aware of the discrimination You can file this complaint by doing all of the following: download the complaint in your language from http://www.sos.ca.gov/elections/help-america-vote-act/complaint- procedure/ complete and notarize complaint form mail the completed form to Secretary of State, Elections Division, HAVA Complaint, 1500 11th Street, Sacramento, CA 95814 You can contact Disability Rights California Election Day Hotline at 1-888- 569-7955 and ask for help

Voter’s Choice Act: LA 2020 Vote Centers will be open for 4 - 10 days, prior to Election Day. A voter can vote at any one of the vote centers in their county. The County will take public input on the election plan.

Los Angeles County’s VSAP Voting System for All People Transit Agency Has Burden To Prove Defenses

Los Angeles County’s VSAP Accessibility Features of the County’s Voting System for All People Include: Touchscreen interface. Directional keypad for voters with dexterity limitations. Adjustable text size and color contrast for voters who may be blind or low vision. Audio instructions for voters who are deaf and hard of hearing. Sip and puff capabilities. Transit Agency Has Burden To Prove Defenses

What Are Voting Accessibility Advisory Committees (VAAC)? Voting Accessibility Advisory Committees, or VAACs, are community-based committees that includes people who represent the disability community in the local county. The Committee provides the County Elections staff with feedback and input on ways to make elections more accessible in their County. The Committee also assists the County to comply with election laws and helps provide equal access to all voters. Transit Agency Has Burden To Prove Defenses

Contact Information For assistance with voting-related issues, especially on or around Election Day, voters with disabilities should call 1-888-569-7955 Our website: www.disabilityrightsca.org