[Ct-nfb] voting tool kit

[Elizabeth Rival]

The National Federation of the Blind Affiliate Voter Liaison Toolkit

 

Introduction

As a result of the Help America Vote Act (HAVA), the opportunity to cast a
private and independent ballot now exists for blind and visually impaired
voters in all federal elections. However, untrained poll workers, voting
machine malfunctions, and the lack of accessible voting machines in the
polling places are preventing some blind and visually impaired voters from
fully exercising this right. The National Federation of the Blind (NFB)
Affiliate Voter Liaison program was created by the NFB to provide our
members with tools and resources they can use in working with state and
local elections officials to remove the barriers that make elections
inaccessible to blind and visually impaired voters. This program was
developed under a HAVA training/technical assistance grant from the U.S.
Department of Health and Human Services, Administration for Community
Living.

 

Why Work with Elections Officials?

State and local elections officials are generally responsible for the
training of poll workers, for the selection of accessible voting machines,
and for ensuring that polling places are in compliance with federal and
state election law. Developing a relationship with elections officials will
result in opportunities for affiliate voting liaisons to provide guidance on
the needs of blind and visually impaired voters with regard to the training
of poll workers and the selection of accessible voting machines and polling
places. Working with elections officials in this capacity can help to remove
barriers that have prevented some blind and visually impaired voters from
casting a private and independent ballot. Finally, when problems do occur on
election day, an established relationship with elections officials may be
beneficial in getting a quick resolution.

 

How to Work with Elections Officials

There are many ways in which affiliate voting liaisons can work with
elections officials as an interested citizen. Depending on the level of
commitment you are able to make and the type of programs and services
offered by your state and/or local boards of elections, you may be able to
work with elections officials in the following ways:

·        Serving as a poll worker;

·        Assisting with the training of poll workers on how to interact with
blind voters and how to operate the accessible voting machine;

·        Inviting local elections officials to a chapter meeting to
demonstrate the accessible voting machine and answer questions about the
elections process;

·        Inviting state elections officials to your affiliate convention to
discuss elections issues that impact blind voters;

·        Providing testimony on elections and voting-related legislation;

·        Attending public meetings of state and local boards of elections;
and

·        Serving on an advisory committee.

 

An Overview of Federal and State Election Law

Current federal law allows for voters with disabilities to receive
assistance when voting either from a person of their choosing or from an
accessible voting machine. Following are brief summaries of these laws and
how they are enforced:

 

Voting Rights Act of 1965

·        42 U.S.C. §1973aa-6

·        Any 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, except:

1)   the voter's employer or an agent of the voter's employer

2)   officer or agent of the voter's union.

·        Law is unclear as to whether there is a private right of action
under the Voting Rights Act for failing to allow assistance or intimidating
those who use assistance. Enforcement is by the U.S. Attorney General.

 

Voting Accessibility for the Elderly and Handicapped Act of 1984

·        42 U.S.C. §1973ee, et. seq.

·        Requires polling places to be physically accessible for federal
elections (except if "emergency" or where "all potential polling places have
been surveyed and no such accessible place is available, nor is the
political subdivision able to make one temporarily accessible, in the area
involved.")

·        Requires states to make registration and voting aids available for
voters with disabilities and elderly voters.

1)   Braille or large print instructions at each registration facility and
polling place

2)   Telecommunications devices for the deaf

3)   No medical certification required to obtain absentee ballot unless the
request is for a ballot on a continuing basis, or the deadline to request
the ballot has passed

·        If polling place is inaccessible, the voter must:

1)   be assigned to an accessible polling place, or

2)   have an alternative means of casting a ballot (alternative ballot,
absentee voting by mail, curbside voting).

·        An individual who has been personally aggrieved has a private cause
of action. 

 

Americans with Disabilities Act of 1990--Title II

·        42 U.S.C. § 12101 et. seq.

·        Prohibits state and local governments from discriminating against a
person with a disability by excluding them from participation in or denying
the benefits of services, programs, or activities of a public entity.

·        Requires reasonable accommodations and access to programs in the
most integrated setting appropriate.

·        An individual who has been personally aggrieved has a private cause
of action.

 

Help America Vote Act of 2002

·        42 U.S.C. § 15301 et. seq.

·        Applies only to federal elections

1)   Requires each polling site have at least one accessible voting system.

2)   Requires that people be able to vote both privately and independently.

·        Does not provide a private cause of action

1)   Establishes an administrative procedure for filing a complaint with the
state's chief election officer.

2)   The complaint must be in writing, signed and sworn by the person making
the complaint, and must be notarized.

 

State Voting Law

·        Varies state by state. Not all states require that each polling
place have at least one accessible voting machine for state and local
elections.

·        Check your state board of elections' Web site or secretary of
state's Web site for state law related to voting.

 

What to Do When Barriers to Voting are Experienced

The goal of the affiliate voting liaison program is to provide voting
liaisons with information they can use to establish relationships with
elections officials that will help to remove barriers that prevent blind and
visually impaired voters from exercising their right to vote as guaranteed
by federal and state law. However, when a blind or visually impaired voter
is unable to cast a private and independent ballot on an accessible voting
machine during a federal election or is denied the assistance of the person
of their choosing in violation of the Voting Rights Act of 1965, the
following steps can be taken:

·        The voter should complain to everyone from the poll judge to local
and state elections officials, as well as the state protection and advocacy
agency (see Appendix A) to try to get the problem resolved before the polls
close.

·        The voter should contact the Election Protection Coalition,
1-866-OUR-VOTE, to report denials of assistance or inability to cast a
private and independent vote on an accessible voting machine during a
federal election, or state or local election if an accessible machine is
required by state law.

·        If the problems are not resolved, the voter should contact their
state protection and advocacy agency for assistance in filing a complaint. 

 

A Right Too Precious to Lose

Most Americans take the right to cast a private and independent vote for
granted. However, blind and visually impaired Americans were not able to
exercise this right until the passage of the Help America Vote Act in 2002.
In spite of HAVA, barriers still exist and some blind and visually impaired
voters are not able to cast a private and independent ballot. By using the
tools and resources provided in the National Federation of the Blind
Affiliate Voting Liaison Toolkit and through working with state and local
elections officials, blind and visually impaired Americans can have a
positive influence in removing these remaining barriers.

 

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