[Nfb_of_georgia] Fw: Blind voter denied ballot, voting help

[kaye zimpher]

----- Original Message ----- 
From: "Claudia" <cdelreal1973 at sbcglobal.net>
To: <our-safe-haven at googlegroups.com>
Sent: Wednesday, November 05, 2008 5:51 PM
Subject: Blind voter denied ballot, voting help


> Blind voter denied ballot, voting help
>
> By Deb Kelly
>
> The Tribune-Star
>
>
>
> TERRE HAUTE - A Terre Haute man says he is being discriminated against at 
> satellite voting locations because of a disability, and according to 
> federal disability
>
> law, he may be right.
>
>
>
> Steve Tschida, 50, is blind, and needs assistance to vote. State law 
> allows a voter with disabilities to designate a person to assist the voter 
> in voting
>
> at an election. The law states that it applies to each precinct location 
> as well as to absentee voting, but the law is not clear as to whether the 
> law
>
> applies to satellite voting locations.
>
>
>
> On Saturday, Tschida and his wife approached the satellite voting location 
> in The Meadows shopping center on Terre Haute's east side. When they 
> explained
>
> Tschida's disability and his need for assistance, they were told that he 
> would not be allowed to vote because the law only applies to voting on 
> Election
>
> Day, at a polling site.
>
>
>
> Tschida said he had the same experience in 2004 at a satellite location, 
> but thought perhaps it had been a fluke.
>
>
>
> "The only thing I can say is that it just seems so unfair," Tschida said 
> during an interview in his home Thursday. "I just don't understand in this 
> day
>
> of equality and fairness in voting how this is the law."
>
>
>
> A deputy at the Vigo County clerk's office who asked not to be named said 
> the procedure at the satellite voting locations is legal and in accordance 
> with
>
> state law.
>
>
>
> "It's not a matter of discrimination," she said. "It's not our policy. 
> It's state law that we have no control over."
>
>
>
> She said the law allowing a person with disabilities to appoint a person 
> to assist is only applicable at a polling place.
>
>
>
> "A satellite location is not a polling place," she added.
>
>
>
> She said there are only three ways to vote absentee in Indiana: by mail, 
> in-person absentee voting at a satellite location, and by confined voting, 
> in which
>
> a person who is confined because of illness or disability can have a 
> ballot brought to their home or place of confinement by officials who will 
> help the
>
> voter cast their ballot.
>
>
>
> The employee said that a disabled or elderly person may not receive 
> assistance with early voting at a satellite location. Such assistance is 
> only applicable
>
> on Election Day at a polling place, she said.
>
>
>
> However, the Americans with Disabilities Act may supersede state law, even 
> if the state law is not clear on the issue.
>
>
>
> A call to the Disability and Business Technical Assistance Center of the 
> Great Lakes ADA shed some light.
>
>
>
> Peter Berg, with Technical Assistance and Employer Outreach at the DBTAC 
> Great Lakes ADA Center, responded to Tschida's question by saying, "The 
> ADA requires
>
> state and local governments to make reasonable modifications in policy, 
> practices and procedures, when necessary to afford someone with a 
> disability an
>
> equal opportunity.
>
>
>
> "And it would seem it would be very reasonable to allow [Tschida]'s wife 
> to assist him [at the satellite location]. In fact, it would seem 
> reasonable if
>
> he did not have his wife that one of the volunteers at the polling place, 
> one of the officials, would have assisted him."
>
>
>
> Berg said in order for the state or local government to refuse Tschida's 
> request for accommodation, the government would have to demonstrate that 
> his request
>
> would "fundamentally alter the nature of a program or would result in an 
> undue burden upon the entity.
>
>
>
> "In terms of Title II of the ADA, I think there is a clear responsibility 
> to modify their policies to ensure access . " Berg said.
>
>
>
> Vicki Pappas, director of the Center for Planning and Policy Studies at 
> the Indiana Institute on Disability and Community, said the situation 
> Tschida and
>
> his wife faced Saturday could be a result of the law not having caught up 
> yet with satellite voting.
>
>
>
> Pappas said an advocate in Indianapolis with the Indiana Institute on 
> Disability and Community is working with Indiana Sen. Patricia Miller, 
> R-Indianapolis,
>
> "to revise the law to say it also applies to early voting."
>
>
>
> Pappas added, "It doesn't make sense . they're saying we don't have to 
> worry about accessibility except on Election Day, and that's just not 
> right."
>
>
>
> The employee at the Vigo County Clerk's Office said if Tschida is "really 
> upset," he can try calling the Indiana State Legislature and "ask them to 
> try
>
> to get the law changed."
>
>
>
> Indiana law also allows elderly voters and voters with disabilities to 
> call the Hoosier Voter Hotline at 1-866-IN-1-VOTE (1-866-461-8683) if they 
> wish to
>
> file a grievance about voting accessibility or to report possible 
> fraudulent election activities.
>
>
>
> No more information about the state law was immediately available from the 
> Indiana State Election Division Office, as no one answered the phone and 
> the
>
> voice mailbox was full.
>
>
>
> Tschida says he still plans to vote on Election Day, Tuesday.
>
>
>
> "I'm not wanting anyone to get in trouble," he said. "It just doesn't make 
> sense."
>
>
>
> Deb Kelly can be reached at (812) 231-4254 or deb.kelly at tribstar.com.
>
> Terre Haute News, Terre Haute, Indiana- TribStar.com - Blind voter denied 
> ballot, voting help
>