[NFBNJ] HAVA Help America to Vote Act Pasted

[joe ruffalo]

Greetings to all!
Please read, view and share the following information to others on your 
distribution lists.
The Help America to Vote Act was passed for all persons with a disability 
can cast their vote with a secret ballot.

We care. We share. We grow. We make a difference
Joe Ruffalo, President
National Federation of the Blind of New Jersey
973 743 0075
nfbnj1 at verizon.net
www.nfbnj.org
Your old car keys can be keys to literacy for the blind.
Donate your unwanted vehicle to us by clicking
www.carshelpingtheblind.org
or call 855 659 9314

**

Help America To Vote Act HAVA Article SB Fall 2015
www.nfbnj.org

    Greetings!
Located in the Sounding Board, fall 2015 issue.

**

EXERCISING YOUR RIGHT TO VOTE PRIVATELY & INDEPENDENTLY
By Lou Ann Blake

Editor’s Note:  Lou Ann Blake from the National Center submitted the
following article on the Help America Vote Act and blind people being able
to exercise their right to vote.  A video on the subject is available at:
https://www.youtube.com/watch?v=i_yTfEO2Kz8.

As the 2016 election season approaches, it is extremely important that
voters who are blind or visually impaired know their rights and how to apply
them when barriers to the right to vote privately and independently are
encountered at the polling place. While sighted voters are able to take for
granted the right to vote privately and independently, it is not uncommon
for blind and visually impaired voters to encounter barriers to the exercise
of this right at the polling place. Poorly trained poll workers and the
absence of an accessible voting system may result in the blind voter having
to vote with assistance. However, when a blind or visually impaired voter
knows her rights and how to apply that knowledge, barriers encountered at
the polling place can frequently be removed.

Your Right to Vote Privately and Independently
Prior to the passage of the Help America Vote Act (HAVA) in 2002, voters who
were blind or visually impaired had to rely on sighted assistance to mark
their ballot. HAVA has enabled voters with disabilities to fully exercise
the fundamental right to vote privately and independently by requiring that
every polling place have at least one accessible voting system for all
federal elections. In addition, many states have enacted legislation to
require at least one accessible voting system in each polling place for all
state and local elections.

What to Expect at Your Polling Place
If you are voting on Election Day, you will need to go to the polling place
for your election district or precinct. The location of your polling place
will be indicated on your voter registration card. You may also be able to
find your polling place location on the website of your local or state board
of elections.
Once you have arrived at your polling place, you will need to check in with
poll workers by giving your name and requesting an accessible voting system.
Be aware that you may need to repeat your request to use an accessible
voting system. After your check-in process is complete, a poll worker will
show you where the accessible voting system is located and hand you the
headphones and control box. Once the audio ballot has started, the poll
worker should walk away so you can vote in private.

What to Do When Things go Wrong
Poll workers have many responsibilities on Election Day. In addition, the
training they receive on the accessible voting system is frequently
insufficient to equip them with the knowledge they need to set up and
operate the system, and to resolve any problems that may occur.
Consequently, it is not uncommon for blind and low vision voters to
encounter poll workers who do not know how to set up or operate the
accessible voting system.
If upon your arrival at the polling place for a federal election, poll
workers tell you that the accessible voting system is not available or not
working, or if the system malfunctions while you are voting, it is extremely
important that you politely, but firmly, insist on your right to vote
privately and independently. Request that an accessible system be brought to
the polling place, or that a technician be sent to the polling place to
repair the system. If poll workers offer to assist you in marking a paper
ballot, politely decline this offer, and firmly, but politely, repeat your
desire to vote privately and independently using an accessible system.
In many cases when a voter is patient and politely, but firm, insists on her
right to vote using an accessible system, poll workers are able to resolve
the problem. However, if poll workers have made every attempt to honor your
request, but are unable to provide an accessible voting system that operates
properly, you should still exercise your right to vote by voting with
assistance.
If you are unable to vote privately and independently on an accessible
voting system at your polling place during a federal election because there
is no accessible system available or the system is not operating, the most
important thing you can do is to file a HAVA complaint with your state or
local board of elections. While HAVA guarantees the right of blind and
visually impaired voters to vote privately and independently, it does not
provide them a means to enforce this right through private action when it is
violated. Therefore, filing a HAVA complaint is the most effective way blind
voters can be sure that problems are brought to the attention of election
officials and the U.S. Department of Justice, which has authority to enforce
HAVA. Because there is no private right of action under HAVA, it is
imperative that blind voters who are not able to vote privately and
independently at their polling place during a federal election file a HAVA
complaint so that the Justice Department has a true picture of the problems
that voters with disabilities are experiencing.

Make Your Voice Heard
The United States Constitution guarantees the right of all blind and
visually impaired citizens to vote, and the exercise of this right is vital
to the function of our democratic form of government. With the passage of
HAVA, it is now possible for blind and visually impaired citizens to
exercise their right to vote both privately and independently. Making your
voice heard through voting is imperative because state and federal elected
officials implement policies and pass legislation that directly affect our
lives as blind or visually impaired people. Make your voice heard. Register
to vote and exercise your right and responsibility to vote