Election Accessibility 2004 Christina Galindo-Walsh National Association of Protection and Advocacy Systems (NAPAS)

Protection and Advocacy Systems (P&As)  One P&A in each state and U.S. territory  Services based on community developed priorities  P&As have a special role in helping to ensure voting access to PWD

The P&A Role under HAVA  The Help America Vote Act of 2002 (HAVA) directs P&As to help ensure election access.  P&As cannot use HAVA funds to litigate

Access for Voters with Disabilities  In 2000  84% of polling places had some barrier to access.  27% of counties studied did not take into account accessibility when selecting polling sites.  None of the polling places visited had special ballots or voting equipment adapted for blind voters.

What did state election officials site as the biggest hurdle? Lack of Funding Lack of Funding

Will people with disabilities be able to vote in 2004?

The Key to Voting in Know your Rights!

Key Federal Laws that Protect or Assist Voters with Disabilities  The Voting Rights Act of 1965  Voting Accessibility for the Elderly and Handicapped Act of 1984  National Voter Registration Act of 1993  The Americans with Disabilities Act  The Help America Vote Act of 2002

Voting Rights Act (VRA) Assistance of Choice  Covers individuals who are blind, have a disability or are unable to read or write.  PWD have the right to assistance from a person they choose.  Assistance from anyone except the voter's employer or an agent of the voter's union.

Voting Accessibility for the Elderly and Handicapped Act (VAEHA)  Polling places (generally) to be physically accessible to PWD  Alternate means of casting a ballot  Registration and voting aids should be available for PWD and elderly voters  No specialized documents for absentee ballots

National Voter Registration Act (NVRA or “Motor Voter Act”)  Increase low registration rates of minorities and PWD.  Requires all offices of state-funded programs to provide registration opportunities and assistance.

Americans with Disabilities Act (ADA) Requires state and local governments to give PWD an equal opportunity to benefit from all of their programs, services and activities, including voting.

ADA and Voting  Interpretations of the ADA have found that Title II does not:  require every polling place be accessible to persons with mobility impairments  guarantee privacy to PWD  guarantee voter who are blind the right to cast their vote in secret

Help America Vote Act (HAVA)  Replacement of antiquated voting machines  Improvement of election administration  Voting complaint procedure  Standards for election administration and technology  Provisional ballots  Elections Assistance Commission (EAC)

HAVA’s Disability Provisions  Accessible voting machines  Right to vote privately and independently  Grants to improve physical and nonvisual access to polling places  P&As to help ensure election access  PWD in planning for HAVA compliance  Funds for research on accessible voting technology

Common problems experienced by voters with disabilities  Inaccessible polling places  Voter challenged because of disability  Poll workers equipment or other accommodation  Non-traditional signatures questioned  Refusal to allow voter to bring assistant of choice  Refused or rushed assistance

What accessibility improvements will be in place this year because of HAVA?  Some accessible voting machines  Some polling places with better accessibility  Some poll workers that are better trained in working with PWD and providing accommodations to them  Our hope: that many more PWD that know their rights!

What to do before Election Day  Register to vote!  Make sure you are on the voter list  Confirm your polling place and make sure it’s accessible  Apply for an absentee ballot if you’ll be out of town or can’t make it to the polling place.  Familiarize yourself with the ballot and voting equipment you’ll use  Take advantage of early voting  Get a copy of the rights of voters in your state

What to bring with you on Election Day  Identification  A sample ballot and/or your notes on candidates  Someone to assist you if you need help voting  Voting rights palm card

Identification  Who must have it  Who should bring it …EVERYONE!  What I.D. is acceptable  current and valid photo identification  current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter  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 Election Day Problems What to Do if You Experience Election Day Problems  Call toll free Our-Vote  Call toll free Our-Vote  report problems and get information  receive advice on what to do  Contact your local P&A  Contact your local P&A  Many P&As having voting hotlines as well  Assistance with technical disability issues

State Specific Voter Info State Specific Voter Info  Voters Bill of Rights   Contact your state’s P&A   ACLU Voter Empowerment Cards 

Need more information? Need more information?  NAPAS website:  Contact information for your state’s P&A  Voting Webpage  Voting laws  Disability Voting Resources  General Voting Resources  Links to other voting pages on the web

Your Vote is Your Voice! Let decision makers know what is important to you