1. Texas Secretary of State Elections Division
11/19/2018
VOTING ACCESSIBILITY
26th Annual Election Law Seminar
Cities, School and Other Political Subdivisions
December 2014
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. Polling place accessibility
December 2014
Texas Secretary of State Elections Division

3. Texas Secretary of State Elections Division
Laws on Accessibility
Federal and State laws require that all polling places in all elections held in Texas are accessible to voters who are elderly or physically disabled.
December 2014
Texas Secretary of State Elections Division

4. Texas Secretary of State Elections Division
Federal Law
Voting Accessibility for the Elderly and Handicapped Act of [42 U.S.C.A. §§ 1973ee ee-6]
Americans with Disabilities Act (ADA) of [42 U.S.C.A. §§ ]
Help America Vote Act (HAVA) of 2002 [42 U.S.C.A. §§ – 15425]
December 2014
Texas Secretary of State Elections Division

5. Texas Secretary of State Elections Division
State Law
Accessible to - physically disabled and elderly [Sec ]
Public Building, if practicable. [Sec ]
Within the election precinct if such buildings are available
NOTE: at no time may an inaccessible building be used as a polling place.
December 2014
Texas Secretary of State Elections Division

6. Standards of Accessibility Sec. 43.034(a)(1)-(5)
The voting area must be:
On the ground floor, defined as the floor of the building which can be entered from the street; or
Accessible by an elevator with doors providing an opening of at least 36 inches.
Doors, entrances, and exits used to enter or to leave the polling place must have a minimum width of 32 inches. This applies to all doors, entrances, and exits between the parking area and the voting area.
Any curb adjacent to the main entrance to the polling place must have curb-cuts or temporary non-slip ramps.
If it is not possible to install a permanent ramp before the election, temporary ramps may be utilized.
December 2014
Texas Secretary of State Elections Division

7. Texas Secretary of State Elections Division
Standards of Accessibility
Sec (a)(1)-(5)
Any stairs necessary to enter or leave the polling place must have handrails on each side of the stairs and a non-slip ramp.
The polling place may not have any barrier that impedes the path of the physically disabled to the voting station.
Gravel
Any break in the walkway over 1/4 inch in height
Automatically closing gates
Closed doors without lever type handles
Objects protruding from walls which a visually handicapped person cannot detect with a cane.
December 2014
Texas Secretary of State Elections Division

8. FAQs See page 4 of the Accessibility Outline December 2014
Texas Secretary of State Elections Division

9. Texas Secretary of State Elections Division
Noncompliance
DOJ Litigation
compensatory damages and back pay to remedy discrimination
Civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation
Private individuals
court orders to stop discrimination,
subject to the same monetary limits for civil penalties of $55,000 for the first violation and $110,000 for any subsequent violation;
punitive damages, reasonable attorney’s fees, litigation expenses, and court costs
December 2014
Texas Secretary of State Elections Division

10. Texas Secretary of State Elections Division
Noncompliance
Formal Settlement Agreements
The DOJ sometimes resolves cases without filing a lawsuit by means of formal written settlement agreements.
Other Settlements
The DOJ resolves numerous cases without litigation or a formal settlement agreement. In some instances, the public accommodation, commercial facility, or State or local government promptly agrees to take the necessary actions to achieve compliance. In others, extensive negotiations are required.
December 2014
Texas Secretary of State Elections Division

11. Voting system accessibility
December 2014
Texas Secretary of State Elections Division

12. Voting System Accessibility
General Rule:
Must provide at least one accessible voting system
In each early voting & election day polling place
December 2014
Texas Secretary of State Elections Division

13. Voting System Accessibility
Accessible voting system must comply with:
Section 504 of the federal Rehabilitation Act of 1973;
Title II of the federal Americans with Disabilities Act; and,
42 U.S.C. Section 15481(a)(3)
December 2014
Texas Secretary of State Elections Division

14. Accessible Voting System Exemption
Elections without a federal office on the ballot
Based on population
Joint Elections:
Exemption not available IF holding election jointly and ballot has federal office
December 2014
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
Exemption
Notice & Publication Requirement
Written notice to SOS
No later than 90 days before election day
Newspaper publication (exemption nos. 2, 3, 4)
No later than 15 days before start of early voting
Newspaper – general circulation
December 2014
Texas Secretary of State Elections Division

16. VS Exemption pick your population
*political subdivisions use county population
Population less than 2,000
Population of 2, ,000
Population of 5, ,000
Population of 10,000 – 20,000
December 2014
Texas Secretary of State Elections Division

17. Texas Secretary of State Elections Division
Population less than 2,000
Exempt from the accessible voting system requirement
Reasonable accommodation:
voter may request by the 21st day before election day
December 2014
Texas Secretary of State Elections Division

18. Texas Secretary of State Elections Division
Population 2,000 – 5,000
Must provide at least one accessible electronic voting system on election day.
Location of accessible voting system:
Recommend – at the early voting clerk’s office (if more than one EV location)
December 2014
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
Population 5,000 – 10,000
Must provide one accessible electronic voting system on election day AND early voting period
Location of accessible voting system:
Early voting period – at the early voting clerk’s office (if more than one EV location)
Election day – at the main early voting polling place
December 2014
Texas Secretary of State Elections Division

20. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
May provide fewer accessible voting systems IF comply with the following:.
Submit an application of undue burden status
Submit application to SOS, no later than 90th day before election day
December 2014
Texas Secretary of State Elections Division

21. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
Application of Undue Burden Status
show that compliance would cause undue burden due to:
Increased in costs by at least 25% as compared with last general election held before January 1, 2006
Deadline – 90th day before election day
May 2015 Election: ____________________
December 2014
Texas Secretary of State Elections Division

22. Texas Secretary of State Elections Division
Population of 10,000 – 20,000
IF SOS approves – entity must:
Provide at least one accessible voting system during early voting period AND election day
Branch EV locations – provide one mobile accessible voting system
least once to each branch location
Newspaper Publication
11/19/2018
Texas Secretary of State Elections Division

23. Political Subdivisions - in more than one county
Fall into one of the 4 categories, you choose to be considered either:
being located in the county that contains the greatest # of registered voters of the subdivision; or
for each portion of the subdivision located in a different county to be considered as a separate subdivision
December 2014
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
Additional Materials
Detailed outline on polling place and voting system accessibility
Information sources
“Meeting People with Disabilities” Information Sheet
Poll Worker’s Tip Sheet
Texas Election Administrators Guide to Working with Voters with Disabilities
ADA Checklist for Polling Places
December 2014
Texas Secretary of State Elections Division