[NFBV-Announce] Consent Decree

Sat Jan 16 19:36:33 UTC 2021

Disseminating at Tracy's Request from the board meeting today.

Virginia Agrees to Provide Accessible Absentee Voting Option for Voters with
Print Disabilities

The Commonwealth Agrees to Consent Decree for November 3rd Election that
will Include Electronic Ballot Marking

August 31, 2020 - Alexandria, VA - The Commonwealth of Virginia committed to
making the November 2020 election accessible and safe for voters who cannot
mark a paper ballot privately and independently due to disabilities such as
blindness. As a result of the lawsuit and preliminary injunction filed by
several voters with disabilities, the American Council of the Blind of
Virginia, and the National Federation of the Blind of Virginia, Virginia has
agreed to provide an absentee ballot option that is accessible and can be
marked electronically in time for the November election. Without Friday's
consent decree, these voters would be forced to either vote absentee with
assistance, revealing their choices to another person and hoping that person
correctly records their vote, or risk COVID-19 infection by travelling to
the polls to vote in person. No voter should be faced with this untenable
choice in order to exercise their right to vote.

On July 27, 2020, several voters with disabilities, the American Council of
the Blind of Virginia, and the National Federation of the Blind of Virginia
filed a complaint in the Eastern District of Virginia against the
Commonwealth for violations of the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, and the Virginia Disabilities Act. Today,
Judge Hilton of the Eastern District of Virginia accepted the consent decree
agreed upon by the parties, which requires that the Commonwealth provide a
remote access vote by mail tool that will allow voters with print
disabilities to receive and mark their ballot electronically for the
election on November 3rd. The consent decree also includes measures that the
Commonwealth will take to ensure that the electronic ballot option is
implemented across the state and that voters receive information about how
to receive an accessible ballot.

Lori Scharff, a plaintiff in this case who was not able to vote privately
and independently with Virginia's current ballot options, stated "I am so
thrilled with this outcome. There are so many hurdles to voting that people
don't realize exist. I am hopeful that this agreement will demonstrate to
other states that all of your citizens should be able to participate
privately and independently in our elections."

Sam Joehl, President of the American Council of the Blind of Virginia
stated: "We applaud the Commonwealth for quickly recognizing that the right
to vote privately and independently is essential for voters with
disabilities, especially in such a consequential election during a global
pandemic. We hope the state will work with the local jurisdictions to make
the option for remote electronic ballot marking available to all voters with
print disabilities who require this option, and promote the availability of
the system to these communities. ACB stands ready to work with the state to
help blind voters in Virginia exercise their right to a private and
independent vote."

"As we continue our national fight for accessible absentee and mail-in
ballots, we are pleased that Virginia will now be among the growing list of
states where the right of blind voters to mark our absentee ballots safely,
privately and independently is secure," said Tracy Soforenko, president of
the National Federation of the Blind of Virginia. "We urge all blind
Virginians to exercise this fundamental right."

"Now people with disabilities in Virginia will be able to vote as if their
lives depend on it - without risking their lives to do so," said Eve Hill of
Brown Goldstein & Levy.

Colleen Miller, the Executive Director of the disAbility Law Center of
Virginia, stated: ""All Virginians have the right to vote privately and
safely. We look forward to working with the board of elections to make that
right a reality."

"My clients are courageous individuals with print disabilities who should be
able to engage in activities many of us take for granted." said Steven
Hollman, Sheppard, Mullin, Richter & Hampton, LLP. "That's why it is
especially gratifying to help ensure that they will be able to exercise the
most cherished right offered in a democracy - the right to vote privately
and independently -- on equal terms with other voters."

"The Washington Lawyers' Committee is proud to represent a coalition of such
strong advocates. We applaud the Commonwealth of Virginia for their efforts
to work with our coalition," said Maggie Hart, Counsel at the Washington
Lawyers' Committee "Access to a private ballot is the foundation of our
democracy and this consent decree reaffirms that our Constitution applies to
everyone."

The lawsuit was filed by the American Council of the Blind of Virginia and
the National Federation of the Blind of Virginia, and individual plaintiffs
including Carshena Gary, Lori Scharff, Regina Root, Ph.D., Naim Muawia
Abu-El Hawa, and John Halverson, Ph.D.
Link to the press release here.
Link to the Joint Motion & Proposed Order for Consent Judgment & Decree
(Final Order Pending) here.
Link to filed complaint here.

Counsel for this case include Eve L. Hill of Brown Goldstein & Levy, the
disAbility Law Center of Virginia, Sheppard, Mullin, Richter & Hampton, LLP,
and the Washington Lawyers' Committee for Civil Rights & Urban Affairs.

Description of decree itself:

The consent decree agreed upon requires that the Commonwealth provide a
remote access vote by mail tool that will allow voters with print
disabilities to receive and mark their ballot electronically for elections.
The consent decree also includes measures that the Commonwealth will take to
ensure that the electronic ballot option is implemented across the state and
that voters receive information about how to receive an accessible ballot.

Link:

http://nfbv.org/blog_virginia_agrees_to_provide_accessible_absentee_voting_o
ption_for_voters_with_print_disabilities 

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