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Sensitivity to Accessibility and Voters Needing Assistance

Sensitivity to Accessibility and Voters Needing Assistance. Don Wright SBOE General Counsel March 15, 2006. NCSBOE Training Video. Used through out the country Has been distributed in both a long (40 minute) and short (10 minute) version. Still is very useful. Voter Assistance.

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Sensitivity to Accessibility and Voters Needing Assistance

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  1. Sensitivity to Accessibilityand Voters Needing Assistance Don Wright SBOE General Counsel March 15, 2006

  2. NCSBOE Training Video • Used through out the country • Has been distributed in both a long (40 minute) and short (10 minute) version. • Still is very useful

  3. Voter Assistance GS 163-166.8 Allows assistance to voters who qualify as to • Entering the voting booth • Preparing the ballot • Exiting the voter booth

  4. Family Voter Assistance • § 163‑166.8.  Assistance to voters. (a)(1)       Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother‑in‑law, father‑in‑law, daughter‑in‑law, son‑in‑law, stepparent, or stepchild, as chosen by the voter.

  5. Non-Family Voter Assistance GS 163-166.8 (a)(2)       A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union: a.         A voter who, on account of physical disability, is unable to enter the voting booth without assistance. b.         A voter who, on account of physical disability, is unable to mark a ballot without assistance. c.         A voter who, on account of illiteracy, is unable to mark a ballot without assistance. d.         A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.

  6. Voter needs to Communicate Desire for Assistance • (b)       A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance.

  7. Voting Assistance Regulation 8 NCAC 10B.0107 • Conduct of Person Rendering Assistance • Communication Devices • Confidentiality of Voter’s Aided Choices • Regardless of possible violations, the voter shall be allowed to vote.

  8. Illiteracy • May not test voter for illiteracy. Tests and devices for voters to pass prior to voting prohibited by Voting Rights Act. 42 USC 1973aa-1a defines illiteracy” as failure to complete the 5th grade. • Illiteracy is based upon knowledge of English. Right of non-English speakers to enjoy voting found in Section 203 of the Voting Rights Act.

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