[blindlaw] Election Question

[Ross Doerr]

Hello David:
Ms. Blake is absolutely correct that HAVA does not apply to State elections.

However, like Ms. Blake, I am confused as to why your friend's reader would
be required to sign the ballot after assisting him or her to vote. That
practice would raise privacy issues with me as well as potential state
constitutional claims.
I have been heavily involved in the HAVA  law and state applications that
have spun off of it since 2004, and was the HAVA attorney at the Maine
Disability Rights Center until 2010. Maine's election law hass sections that
are fairly clear that an individual, regardless of disability, has the right
to have assistance from anyone he or she wishes, with certain exceptions
that do not apply to your friend's case.
Wisconsin  may have adopted an administrative process to handle complaints
like this one for State elections,that would mirror a HAVA requirement, or
your elections office for Wisconsin may have a telephone number where you
can call to ask questions about such things.
Regardless of how your state handles serious elections issues that arise
with a voter who is casting a ballot, I most certainly would not just let
this issue slide. Ask the question and press the point if the answer you get
is vague.
After HAVA took effect, what I, and many other HAVA lawyers across the U.S.
noticed was that, in spite of a concerted effort to educate town clerks and
elections officials, the biggest problem, bar none, was that town clerks
just didn't understand about elections laws as they applied to an individual
with a disability. Many states modified their state elections laws  for
state elections after the passage of HAVA, and the state provisions confused
town clerks during elections after that.
 By all means, he or she should press this issue with someone with a strong
elections law background in Wisconsin who also knows disability law there.
There may be a statute of limitations for any kind of remedy or complaint
process, so go for it.
You may wish to start online and look up your state's disability rights
center, and call them about it. Ask for their HAVA attorney. He or she will
probably know this stuff cold. 
Good luck, and if you want to communicate directly with me about this, brop
me aline.
Ross A. Doerr Esq.
rumpole at roadrunner.com


-----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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