Voting & People with Disabilities

1. Voting & People with Disabilities Margaret Jakobson San Diego Regional Office PAI

2. Help America Vote ActHAVA • Improves Voting Access for People with Disabilities by: • Establishing a Voting P & A • Makes Accessibility Grants Available for States & Local Governments to Improve Access to Polling Places • Creates Minimum Standards for Voting Systems • Requires Participation by People with Disabilities in creating the State Plan for Compliance with HAVA • Provides funds for research on Accessible technology

3. HAVA (cont.) • Establishes the Elections Assistance Commission • Provides funds to states to improve election administration & replace punch card & lever style voting systems • Creates minimum standards for states in regard to election administration • Establishes state administrative procedures for voting complaints

4. Other HAVA Provisions • Provisional voting system • Voting information at polling places • Statewide voter registration list • Verification of voter registration information • Mail registration • Voter, election official and poll worker education

5. Right to Vote in a Facility • Automatic Removal of Right to Vote • NGI • Incompetetent to stand trial • MDSO • Mentally disordered prisoners Right to vote is restored when the individual is discharged from the facility

6. Who Can Still Vote While in a Facility • Sexually violent predators • Mentally disordered offenders • NGI’s whose commitment has been extended • Incompetent to stand trial because of a developmental disability • Incompetent to stand trial for a misdemeanor offense

7. Conservatees Right to Vote • LPS and Probate conservatees cannot vote ONLY if the court finds the person is not capable of completing an affidavit • When the conservatorship ends, the court must notify the registrar that the right has been restored • If there is a jury trial, the jury must make the decision that the person cannot vote by unanimous verdict

8. National Voter Registration Act of 1993 • Requires voter registration services be provided whenever mental health services are provided • DMH must provide voter registration information even if the DMH believes the person does not meet registration requirements • DMH must obtain a resident’s signature on a voter application/declination form

9. Voter Registration Information • US Citizen • Resident of CA • 18 years old as of the next election • Not a prisoner or on parole • Not been judged by a court to be mentally incompetent to register to vote

10. When Must a Person Register • For the first time • Move • Change of name • Change of political party affiliation • 15 days before an election

11. How to Register • Obtain a voter registration card from the Secretary of State, county registrar, at places like libraries, PAI, post offices, DMV, DMH

12. Absentee Ballots • Complete the form on the Sample Ballot or contact the county registrar for assistance • The form must be completed 7 days before the election • A person can apply for permanent absentee voter status • The right to vote permanently absentee is lost if each election is not voted in • In that case a person will need to re-apply for permanent absentee voter status

13. Access for People with Disabilities • Polling places are to be accessible and HAVA requires that equipment be accessible • Audio cassette version of the Voter Information Guide is available • Easy Reader Voting Guide is available to help a person with literacy/language/cognitive concerns to understand voting information • It is available in different languages • But is not yet available in alternative formats

14. Where to Get Information • Secretary of State’s website: www.ss.ca.gov/elections/ • Easy Voter Guide: www.easyvoter.org • Protection and Advocacy, Inc.: www.pai-ca.org or 800 776-5746