[blindlaw] Election Question

[Blake, Lou Ann]

David,

The Help America Vote Act (HAVA) only applies to federal elections. The hope was that the states would voluntarily provide the accessible voting machines during state and local elections. Many states have done this.

This is the firs I have heard of a state requiring a reader to sign a blind voter's ballot.  Maryland does not have such a requirement. I agree that requiring the reader to sign the ballot will identify the voter as someone with a disability, which is a legitimate concern.

Feel free to contact me off-list if I can be of further assistance.


Lou Ann Blake, J.D.
HAVA Project Manager and Law Symposium Coordinator
Jernigan Institute
NATIONAL FEDERATION OF THE BLIND
200 East Wells Street
    at Jernigan Place
Baltimore, MD 21230
Telephone: (410) 659-9314, ext. 2221
Fax: (410) 659-5129
E-mail: lblake at nfb.org
Web site: www.nfb.org
 

Text the word BLIND to 85944 to donate $10 to the NFB Imagination Fund via your phone bill.


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Frye, Daniel
Sent: Monday, June 11, 2012 10:17 AM
To: Blind Law Mailing List; 'Blind Talk Mailing List (blindtlk at nfbnet.org)'
Subject: Re: [blindlaw] Election Question

Dave:

I haven't read the HAVA language much since it was initially released. I'd refer you to Lou Ann Blake at the National Center, who is responsible for managing our HAVA Federal grant. She'll likely know with as much certainty as anybody if the Federal Act specifically covers state voting situations. Certainly, in theory, Federal laws can dictate to states, but I haven't read the language. I think Lou Ann's extension is still 2221, but the operator can help you if I'm out of touch with her office extension status.


Daniel B. Frye, J.D.
Management and Program Specialist
Randolph-Sheppard and Helen Keller
National Center Programs
U.S. Department of Education
Office of Special Education
and Rehabilitative Services
Rehabilitation Services Administration
550 12th Street, SW, Room 5023
Washington, DC  20202-2800
(202) 245-7308 office
(202) 245-7591 fax
(410) 241-7006 mobile
daniel.frye at ed.gov




-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Hyde, David W. (ESC)
Sent: Monday, June 11, 2012 10:07 AM
To: 'Blind Talk Mailing List (blindtlk at nfbnet.org)'; 'NFBnet Blind Law Mailing List (blindlaw at nfbnet.org)'
Subject: [blindlaw] Election Question

I have been asked to post a question regarding election procedure. In Wisconsin, if there is not a Federal race on the ballot, and one requests assistance in voting (for whatever reason, the machine doesn't work, or the individual wishes to vote using a human reader) The person giving the assistance is required to sign the ballot. It is maintained that HaVA does not apply since it pertains to Federal races.
The question I have is two fold. For those of you who are attorneys, Is this non-applicability of HAVA in non-Federal races a correct interpretation.
Secondly, what does your state require for those who are assisted by other humans in voting? Does is require a signature from the reader?

The concern here, and legitimately so, is that particularly in small towns, the signature on the ballot would identify the voter as one needing assistance, and potentially nullifying the idea of a secret balot.


David Hyde, Professional Development Coordinator Wisconsin Center for the Blind and Visually Impaired 1700 W. State Street Janesville WI 53546
608-758-6152 (office)
608-751-0960 (cell)
608-758-6169 (fax)
866-284-1107 ext. 34 (toll free)
email
david.hyde at wcbvi.k12.wi.us<mailto:david.hyde at wcbvi.k12.wi.us>



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