The Promise of Equality in Voting Still Not a Reality for Americans with Disabilities

1. The Promise of Equality in Voting Still Not a Reality for Americans with Disabilities Granite State Independent Living “Tools for Living Life on Your Terms” Presented by: Clyde Terry, JD, Executive Director www.gsil.org

2. “Background Sketch” • Election Generally Governed by State Law • Voting Procedures • Ballot Requirements • Section 504 Rehabilitation Act of 1973

3. Voting Accessibility for the Elderly and Handicapped of 1984 • No Accessibility Standards • No Accountability • No Enforcement Provisions

4. Americans with Disabilities Act of 1990 • Title II “State and Local Governments” • “Program Access • Title III “Public Accommodation”

5. Studies of 1998 and 2000 Elections • Anecdotes and Studies found Polling Places were still not accessible • Americans with disabilities were still voting 15% lower than other populations • Voters that were blind or visually impaired could not vote independently

6. Help America Vote Act of 2002 • Congress wanted to ensure that EVERYONE CAN VOTE and that ALL VOTES COUNT

7. Findings of Issuesfor People with Disabilities • Lack of opportunity to be a full part of civic process • Inaccessible polling places • Inaccessible ballots (small type, levers) • Lack of privacy, especially for people who have visual disabilities • Lack of access to secret ballots

8. HAVA Requirements After January 1, 2004, certain voting information must be posted at every polling place on election day, including: 1)A sample of the ballot used for that election. 2) Instructions on how to vote, such as how to cast a vote and how to cast a provisional ballot. 3) Instructions for mail-in registrants and first time voters.

9. (cont) HAVA Requirements Additional information to be posted at polling places: 4) General information on voting rights under applicable federal and state laws, including the right of an individual to cast a provisional ballot. 5) Instructions on how to contact the appropriate officials if these rights have been violated. 6) Information on federal and state laws prohibiting fraud and misrepresentation.

10. By January 1, 2006States must: • Provide at least one voting machine per precinct that is accessible to people with disabilities (e.g., voice-activated, allow blind people to vote in privacy, and adjustable in height).

11. By January 1, 2006States must: • Provide voters an opportunity to check for and correct errors on ballots. • Provide provisional ballots to make sure that no one is turned away at the polls, poll workers will allow the individual to vote and verify registration status later. (Same Day Registration Exception).

12. HAVA will… • Ensure that individuals with disabilities have full participation in all parts of the electoral process: • Registering to Vote • Accessing Polling Places • Voting

13. What is going on in States to implement HAVA? • The state must develop a plan that includes the community effected. • Questions remain about whether systems will have to provide paper printout of votes.

14. ADA and Section 504 • HAVA does not state in what format the information at polling places will be provided, but under ADA it should be accessible to all voters. • These new requirements are in addition to the ADA, Section 504 of the Rehabilitation Act of 1973 and the Voting Accessibility for the Elderly and Handicapped Act of 1984. These require state and local governments to provide accessible programs and facilities, such as polling places and registration sites.

15. Help America Vote Act(HAVA) • Standard for Accessibility • Enforcement

16. What Do We Do Until HAVA is Fully Implemented? • Be at the Table • Educate

17. Are There Things To Do In the Interim?Temporary Solutions • Physical Access • Move the Polling Place • Temporary Ramps • Magnifiers (4X and 8X) • Note Taking

18. Caveat:“Temporary Solutions DO NOT excuse the Requirements for FULL Compliance with HAVA.”

19. Thank you for your time and attention!