[NFBP-Talk] Press Release from Disability Rights Pennsylvania

[Joseph Drenth]

Please find below and attached a press release about the accessible mail-in
ballots case in Pennsylvania:
 
Victory for Blind Voters in Pennsylvania as State Will Implement Remote
Accessible Vote-by-Mail System for the November 3 General Election 
 
For Immediate Release 
August 20, 2020 
Press contact: 
Kelly Darr, Legal Director Disability Rights Pennsylvania 
kdarr at disabilityrightspa.org 
(215) 238-8070 ext. 221 
 
Harrisburg, PA 
Following a lawsuit filed by blind voters, the Pennsylvania Department of
State will provide a remote accessible vote-by-mail system for
voters with disabilities to receive and mark their ballots electronically
for the upcoming general election and future elections. The lawsuit filed in
May, Joseph Drenth and the National Federation of the Blind of Pennsylvania
v. Secretary Kathryn Boockvar and the Department of State of Pennsylvania,
20-cv-00829 (M.D. Pa.), alleged that Pennsylvania violated the Americans
with Disabilities Act and Rehabilitation Act by denying blind voters equal
access
to the absentee and mail-in ballot process. The paper ballots used by
Pennsylvania for this process did not allow blind voters to vote privately
and independently
in the same way other Pennsylvania voters could, because blind voters must
rely on sighted third parties to assist with completing and returning a
paper
ballot. 
The Court granted the plaintiffs' request in May for a preliminary
injunction, and the defendants were required to provide voters with
disabilities an
interim electronic option for mail-in voting in the June 2020 primary. The 
Protecting and advancing the rights of people with disabilities 
plaintiffs continued with the lawsuit after that to secure a permanent
solution in time for the general elections in November. 
On August 14, the defendants told the Court that Pennsylvania had finalized
a contract for and intended to implement the Democracy Live OmniBallot tool,
which the defendants promise will provide an accessible electronic option
for delivery and marking of ballots for voters with disabilities for the
November
2020 election and subsequent elections. The defendants also stated in
litigation that they intend to ask county boards of election (CBEs) to 
. send appropriate instructions to approved OmniBallot voters for marking
and return of ballots 
. provide differently sized envelopes for those voters to enclose and return
marked ballots 
. and accept returned ballots as long as a signature appears anywhere on the
envelope 
 
Based on these representations, on August 18, 2020, the Court granted the
defendants' request for judgment on grounds that the plaintiffs would
receive
the relief requested in the lawsuit. 
 
Kelly Darr, Legal Director for Disability Rights Pennsylvania and co-counsel
with Brown Goldstein & Levy, LLP for Plaintiffs, said, "This is an important
victory and a major step toward providing equal access to the polls and
fully accessible elections for all voters with disabilities. The National
Federation
of the Blind and Disability Rights Pennsylvania will be monitoring the
implementation of this new tool closely to ensure that disabled voters have
the
access and information necessary to use this tool in time for the general
election." 
 
Lynn Heitz, President of the National Federation of the Blind of
Pennsylvania expressed a similar sentiment. "The National Federation of the
Blind is fighting
for the right of blind people everywhere to vote safely, privately, and
independently in the November election," said Heitz, "We are glad that
Pennsylvania
plans to ensure this right for its blind voters." 
The Pennsylvania Department of State had not posted specific information
about OmniBallot to its voter websites as of the time of this release.
According
to court filings, OmniBallot is a cloud-based platform that will allow
county election officials to upload ballot information to create an 
accessible ballot, which can be electronically delivered and marked through 
OmniBallot by a link sent to eligible voters. More information about 
OmniBallot is available at 
https://democracylive.com/omniballot-online/
. 
For more information on this option for voters with disabilities as it 
develops, visit the Department of State's website, 
www.votespa.com,
or 
contact Disability Rights Pennsylvania by calling 800-692-7443 or email at 
vote at disabilityrightspa.org <mailto:vote at disabilityrightspa.org> .
 
Disability Rights Pennsylvania letterhead:
Disability Rights Pennsylvania 
1800 John F. Kennedy Blvd., Suite 900 
Philadelphia, PA 19103 
(215) 238-8070 (Voice) 
(877) 375-7139 (TDD) 
www.disabilityrightspa.org 
 
 
Joseph Drenth 
First Vice-President, National Federation of the Blind of Pennsylvania
Pennsylvania State Board of Vocational Rehabilitation
Senior R&D Software Engineer, JBT Corporation, Automated Systems Division
Cell: 215-827-7787
Email: joe.drenth at gmail.com
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