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Assistive Technology and Voting Rights
There is perhaps no greater civic duty than to vote. Our representative form of government depends on it. Our history is marked by each minority group understanding they may not be considered equal before the law or heard by their elected officials if they do not have the right to vote. For voters with disabilities it is no different.
The discrimination in voting faced by voters with disabilities is unique. Rather than facing a poll tax or an education test or being legally prohibited from voting which happened to blacks and other minorities through most of our history, voters with disabilities faced physical barriers to the polling place and an inability to actually read the ballot either through vision or intellectual disability. Voters with disabilities have endured various violations of their voting rights around the country that include being asked to vote by absentee ballots due to inaccessible polling places, the brazen practice of being joined in their voting booth by a volunteer who assists them, or in extreme cases, being denied their right to vote. Stopping the band-aid practices and rights violations is critical for people with disabilities.
Congress addressed the unique barriers faced by persons with disabilities by passing two laws.
- The Voting Accessibility for the Elderly and Handicapped Act of 1984, 42 U.S.C. §1973ee-6(3) provides that all polling places for federal elections must accessible to persons with disabilities and the elderly. If it is determined by the chief election official that an accessible polling place is not available, then upon advance request of the voter, the chief election official may reassign the voter to an accessible voting place or provide an alternative means for casting a ballot on the day of election. Each state is required to provide registration and voting aids in the form of instructions in large print, conspicuously displayed at each permanent registration facility and each polling place, and provide information by telecommunications devices for the deaf. No medical certification is required for absentee ballot or for an application for one unless the state requires one for automatically receiving an absentee ballot on a continuing basis or if the voter is requesting an absentee ballot after the deadline has passed for requesting an absentee ballot. The United States Department of Justice or a private right of action may be used to enforce the provisions of the Act.
The Help America Vote Act of 2002, 42 U.S.C. §15301 (HAVA) requires that each voting system used in federal elections be accessible for persons with disabilities, including those who are blind or have low vision. Each polling place can satisfy the requirement through the use of at least one direct recording electronic voting system or other voting system equipped to allow disabled voters the same opportunity for access and participation as other voters, including the ability to vote independently and privately. HAVA goes far beyond the physical accessibility of polling places required under the Voting Accessibility for the Elderly and Handicapped Act and includes having voting machines that “talk”, large print or Braille ballot, materials or interpretation for voters who are deaf or hearing impaired, and simplifying the voting process for elderly and those who have intellectual disabilities.
In April of 2003, the Federal Elections Commission (FEC) developed voluntary voting standards for accessibility for vendors under FEC’s Voting System Standards 2.2.7. These standards were recommended by the Access Board which is responsible for adopting Section 508 accessible information technology and Americans with Disabilities Act guidelines. The United States Department of Justice has enforcement authority for the uniform and nondiscriminatory election technology and administration requirements that apply to States under HAVA. The Secretary of State, the chief election official, will be recommending that the FEC’s Voting System Standards be adopted by the state.
For more information regarding voting and voting rights of the disabled:
- Federal Contacts:
- Federal Elections Commission
999 E. Street, NW
Washington, DC 20463
Flagstaff, AZ 86011
Website: HAVA @ http://www.fec.gov/hava/hava.htm
Voice: (202) 694-1100 (In Washington)
Toll-Free: (800) 424-9530 (Outside of Washington)
TTY: (202) 219-3336
- United States Department of Justice
- U.S. Department of Justice Civil Rights Division Voting Section
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Flagstaff, AZ 86011
Website: HAVA @ http://www.usdoj.gov/crt/voting/hava/hava.html
Voice: (202) 694-1100 (In Washington)
Toll-Free: (800) 253-3931
TTY: (202) 219-3336
- State Contacts:
- U.S. Department of Justice Civil Rights Division Voting Section
Arizona Secretary of State's
Website: HAVA @ http://hava.sos.state.az.us
- Elections:
-
Capitol Executive Tower 7th Floor
1700 West Washington Street
Washington, DC 20530-0001
Phoenix, AZ 85007-2888
Voice: (602)-542-4285
Toll-Free: (800)-458-5842
- Arizona Center for Disability Law
-
3839 N. Third St., Suite 209
Phoenix, AZ 85012
Washington, DC 20530-0001
Phoenix, AZ 85007-2888
Website: HAVA @ http://www.azdisabilitylaw.org
Voice/TTY: (602) 274-6287
Toll-Free: (800) 927-2260
