VOTING ACCESSIBILITY….WHERE WE ARE IN NORTH CAROLINA

1. VOTING ACCESSIBILITY….WHERE WE ARE IN NORTH CAROLINA NC State Board of Elections August, 2008

2. What is our role? • Requiring Accessible Polling Places. Polling sites are required to be accessible. Voters with disabilities may require removal of barriers at polling or registration sites in order to make the voting program accessible to them. • Obtaining Accommodations as to the Voting Procedure. Voters may need accommodations for a mental or physical disability when actually registering to vote or casting a ballot on a voting system. • Ensuring Designation of Voter Registration Agencies and Provision of Voter Registration Assistance. States designating as voter registration agencies the state-funded offices that provide disability services, such as community mental health centers and vocational rehabilitation agencies and providing appropriate registration opportunities and assistance as required by the NVRA.

3. The Voting Rights Act of 1965 The VRA contains a provision requiring that "[a]ny voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice . . . ." (42 USC §1973aa-6). North Carolina complies with this mandate by G.S. §163-166.8(a)(2) which provides that on election day that voters that qualify obtain assistance

4. 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

5. 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.

6. 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.

7. Curbside Voting… Anoption, butnot fulfilling the accessibility mandates • GS 163-166.9 and 8 NCAC 10B.0108 • Affidavit required by person voting • Offered by precinct workers to the voter outside the polling place • Curbside voter has same rights to assistance • Offered since the 1980’s in North Carolina, not all states offer

8. The Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) The VAEHA, 42 USC § 1973ee et seq, effective January 1, 1986applies to federal elections (elections where candidates for federal office are on the ballot). VAEHA requires each political subdivision responsible for conducting elections to assure that all polling sites for federal elections are accessible to voters with disabilities and voters 65 and older. Waiver was allowed for a polling location, but all North Carolina waivers were removed effective 2004.

9. The Americans with Disabilities Act of 1991(ADA) Title II of the ADA, 42 USC § 12132, provides that public entities may not exclude or deny qualified individuals with disabilities the benefits of their programs, services or activities. Four regulations are particularly relevant in the context of voting: reasonable modification, criteria that screen out people with disabilities, program access and site selection.

10. National Voter Registration Act of 1993 (NVRA) Among other things, the NVRA, or motor-voter law, requires states to designate as voter registration agencies: (1) all offices that are primarily engaged in providing disability services and that receive state funds, and (2) all offices that provide public assistance. These are known as "mandatory" voter registration agencies. Such agencies must make available to their clients voter registration forms and assistance in completing them, and must accept completed applications and transmit them to state officials.

11. HAVA (Help America Vote Act) of 2002 HAVA deals with making voting systems accessible, making polling places accessible, training of poll workers as to accessibility issues, and providing voting information to disabled voters. HAVA distributes to the states funds under 42 USC 15301 (Section 101) to be used among other things to “…. (G) Improving the accessibility and quantity of polling places, including providing physical access for individuals with disabilities, providing non-visual access for individuals with visual impairments,….”

12. HAVA (Help America Vote Act) Voting Equipment 42 USC 15481(a)(3) (Section 301 of HAVA) requires voting systems to equipped for voters with disabilities, which allows such voters to have the same opportunity for access and participation as non-disabled voters have. Also this statute mandates that every precinct must have at least one accessible voting machine available for use by voters with special needs by January 1, 2006 The 2005 EAC Voting Systems guidelines mandate “puffer” technology for future voting systems that must meet these guidelines.

13. VOTING EQUIPMENT ACCESSIBILITY • Direct Record Electronic (DRE) Audio Cue Capacity for Visually Impaired • Optical Scan AutoMark • Paper Ballots Not accessible

14. Access to Voting Places If a voter cannot access a polling place because of physical barriers, there is no way that the “voting system” is accessible and provides for the same opportunity for access and participation to persons with disabilities as for other voters as required by 42 USC 15481(a)(3) (Section 301 of HAVA). Therefore, precincts must provide access on a permanent or temporary basis on election day or one-stop absentee voting. Curbside voting, voting assistance, and absentee voting, both required by North Carolina law, offer options that persons with disabilities may use to vote, but are not considered substitutes for the federal accessibility mandates.

15. REQUIRED ACCESSIBILITY CHECKLISTS…Precinct Uniformity Manual, Chapter 9 Polling Place Accessibility Survey Form Uses ADA standards and should be performed before every presidential election. Election Day Polling Place Accessibility Checklist needs to be performed before each use of polling place.

16. HAVA (Help America Vote Act) H&HS Grants 42 USC 15421 (Section 261) of HAVA provides funding for grants administered by the U.S. Department of Health and Human Services (HH&S) to: (1) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (2) providing individuals with disabilities and the other individuals described in paragraph (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office.”

17. HAVA (Help America Vote Act) H&HS Grants 42 USC 15461 (Section 291) of HAVA also requires that HH&S give grants to protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of each State “to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places.” The protection and advocacy organization for North Carolina is Disability Rights North Carolina in Raleigh, 1-877-235-4210. Please cooperate with this group.

18. What the NC SBOE has done NCSBOE Training Video • Used through out the country since produced in 2001 and still very useful. Statewide Accessibility Workshops • Conducted five Voting Accessibility Workshops in 2008 for the public, disability community, and election professionals.

19. What the NC SBOE has done • Surveyed and photographed every North Carolina polling place as to accessibility needs. • The surveys were later used to make grants to improve accessibility • The photos were later used to post on the website for use by voters

20. What the NC SBOE has done Over $1,600.000 in direct grants to 97 counties since 2004 to improve accessibility to polling locations and accessibility within polling places. The source of these funds were Title I HAVA funds.

21. What the NC SBOE has done • Placed on the State Board website, www.sboe.state.nc.us , digital pictures of every polling place in North Carolina in regards to pathways to, accessibility from outside, and accessibility within the each polling site. Voters can click on these photos when they bring up their voter registration data on the website

22. What the county BOE must do • Any new polling location will need both an accessibility review to see if it meets ADA and general accessibility standards. • Maintain regular accessibility checklists on polling locations. • Provide the SBOE with digital photos showing accessibility of the new polling site. Send the photos to Phyllis Whitaker, phyllis.whitaker@ncmail.net

23. WHAT THE COUNTY BOE NEEDS TO DO 1. Improve accessibility parking 2. Improve curbside locations 3. Improve confidentiality of curbside voters 4. Improve poll worker knowledge of the accessibility features of the voting systems 5. Keep pathways clear