Slide 1:
ADA Audio Conference Series
September 18, 2012
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform. Audio Connection is available through streaming audio and/or telephone only.

Slide 2:
Webinar Features – For those connected via webinar platform only
•	Closed captioning – click CC icon (top of screen) or control-F8 and adjust the captioning screen as needed
•	Customize your view – choose “View” from the menu bar at the top of the screen and choose the layout you prefer from the dropdown menu.
•	Questions – May be submitted in the Chat Area Text box. Keystrokes to enter the chat area are Control-M.
•	Emotions/Hand-raising: Please do not use these features during this session unless directed by the presenter.

Slide 3:
DON’T FORGET TO CAST YOUR VOTE! 
ACCESSIBILITY OF POLLING PLACES
Faith Gross
The Legal Center for People with Disabilities and Older People

Slide 4:
VOTER PARTICIPATION
•	14.7 million Americans with disabilities voted in 08 Presidential Election
•	Increase of 3.8 million over 2000 election 
•	Turnout of People with disabilities was still 7% lower than the general population
Lisa Schur, Rutgers University during testimony before the Election Assistance Commission, 10/08/09

Slide 5:
BARRIERS TO PARTICIPATION
•	Inaccessible polling places, voting equipment
•	Voter challenged or ineligible because of a mental disability
•	Refusal to allow voter to bring assistant of choice
•	Refused or rushed assistance 
•	Poorly trained poll workers
•	Non-traditional signatures questioned

Slide 6: 
OVERVIEW OF FEDERAL LAWS
Slide 7:
VOTING RIGHTS ACT of 1965
•	Guarantees the right of people with disabilities to have voting assistance from a person of their choosing
•	Exception: person’s employer, or agent of employer or labor union

Slide 8:
REHABILITATION ACT OF 1973
•	Section 504
•	Prohibits discrimination on the basis of disability by entities receiving federal funds
•	Does not specifically address voting by people with disabilities

Slide 9:
VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT OF 1984
•	Generally requires polling places to be physically accessible, 
•	If no accessible location is available, then only an alternate means of casting a ballot is required
•	Absentee ballot or change of polling place

Slide 10:
VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT OF 1984
•	If assigned polling place is inaccessible, must be assigned to an accessible polling place or be provided with an alternative means for casting a ballot on the day of the election. 
•	Requires voter to request in advance of Election Day 

Slide 11:
VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED ACT OF 1984
•	Cannot require notarization of medical certification of voters requesting absentee ballot
•	State may require medical certification to establish eligibility for a permanent absentee application or ballot, or
•	Absentee ballot request after the deadline

Slide 12:
AMERICANS WITH DISABILITIES ACT of 1990
•	Title II of the ADA requires all public entities make "reasonable modifications to rules, policies, or practices" to ensure nondiscrimination in programs, services, and activities of state and local governments
•	Extends the protections under Sec. 504 regardless of government size or receipt of federal funds

Slide 13:
AMERICANS WITH DISABILITIES ACT of 1990
•	Requires effective communication with people with hearing, speech or vision disabilities
•	Unlike the other laws, which apply only to federal elections, the ADA applies to both state and federal elections

Slide 14:
ADA AND VOTING
Court decisions interpreting the ADA have found that Title II does NOT:
•	require every polling place be accessible to persons with mobility impairments (program accessibility)
•	guarantee privacy to voters with disabilities
•	guarantee voters who are blind the right to cast their vote independently

Slide 15:
National Voter Registration Act of 1993
•	Purpose is to increase historically low registration rates of eligible U.S. citizens resulting from discrimination 
•	Includes requirements specific to people with disabilities 

Slide 16:
National Voter Registration Act of 1993
•	Requires all State-funded programs primarily providing services to people with disabilities to offer voter registration 
•	State’s chief election official may designate private CBO that receive state funds primarily to serve people with disabilities as NVRA agencies

Slide 17:
HELP AMERICA VOTE ACT
•	HAVA
•	Passed in 2002 in response to election administration issues during the 2000 Presidential Election
•	Includes several provisions designed to improve voting access for citizens with disabilities

Slide 18:
HAVA SECTION 261
•	Authorized payments to the states and local units of government to “assure access for individuals with disabilities” (42 U.S.C. §15421)
•	Payments generally made to the State and then granted to local government election administrators

Slide 19:
HAVA SECTION 261
•	“making polling places, including path of travel, entrances, exits and voting areas of each polling facility accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters”

Slide 20:
HAVA SECTION 261
•	“providing individuals with disabilities with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places”

Slide 21:
HAVA SECTION 261
•	“training election officials, poll workers and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office”

Slide 22:
HAVA SECTION 261
•	Administration for Intellectual and Developmental Disabilities, US Department of Health and Human Services is the agency responsible for administering these grants

Slide 23:
HAVA SECTION 291
•	Established the newest protection and advocacy program, Protection and Advocacy for Voting Access program (PAVA). (42 U.S.C. § 15461)
•	Every state and territory and the District of Columbia

Slide 24:
HAVA SECTION 291
•	“to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places”
•	HAVA specifically states that “none of the funds shall be used to initiate or otherwise participate in litigation related to election-related disability access.”  

Slide 25:
HAVA SECTION 291
•	However, Protection and Advocacy organizations maintain their ability and authority to use their other federal funding for election-related, polling place accessibility litigation

Slide 26:
HAVA SECTION 301
•	requires each polling place for Federal elections to have at least 1 accessible voting system (AVS) “including nonvisual accessibility for the blind and visually impaired” to provide the same opportunity for access and participation (including privacy and independence) as for other voters 

Slide 27:
HAVA SECTION 301
•	This requirement may be met “through the use of at least 1 direct recording electronic voting system (DRE) or other voting system equipped for individuals with disabilities at each polling place”
•	(42 U.S.C. § 15481)

Slide 28:
OTHER HAVA PROVISIONS
•	Develop minimum standards for the accessibility of voting systems;
•	Required states to include people with disabilities on the mandatory HAVA State (compliance) Plan Committee

Slide 29:
OTHER HAVA PROVISIONS
•	Providing funds for research on accessible voting technology; 
•	Establishing a state-based administrative complaint procedure to remedy any grievances covered by the provisions of HAVA

Slide 30:
ELECTION ASSISTANCE COMMISSION
•	“to serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of federal elections.
•	responsible for developing voting system guidelines including standards for accessibility. 

Slide 31:
ELECTION ASSISTANCE COMMISSION
•	Accessible Voting Technology Initiative Grants 
•	Clemson University 
•	Information Technology and Innovation Foundation. 
•	These are 3 year, multi-partner efforts.

Slide 32:
EAC ADVISORY 2007-001
•	A polling place should be considered to be any location where a voter appears in person to cast a ballot, including an early voting site
•	Absentee in-person voting location is a polling place
•	Accessible voting unit is required

Slide 33:
POLLING PLACE ACCESSIBILITY

Slide 34:
GAO Report October 2001:
•	84% of polling places across America limit access for people with disabilities
•	23 states reported having accessibility requirements
•	no universal standards for state and local voting accessibility laws and practices 

Slide 35:
GAO Report September 2009:
•	Visited 730 randomly selected polling sites across the US.
•	72.7% of polling places across America had at least 1 potential barrier to full access
•	45.3% had potential barriers, but offered curbside voting

Slide 36:
GAO Report September 2009
•	27.4% had potential barriers but did not offer curbside voting
•	Almost all polling places had an accessible voting system
•	43 States have established accessibility requirements and funded “improvements to help facilitate accessible voting”

Slide 37:
GAO Report September 2009
•	31 states reported that ensuring polling place accessibility is challenging
•	recommended that USDOJ expand monitoring and oversight of polling place accessibility

Slide 38:
POLLING PLACE SURVEYS
Many states now have provisions in state law requiring that polling places be fully accessible
•	Many states require surveys -
•	each year that there is an election, or 
•	only during federal election years

Slide 39:
USDOJ ADA Checklist for Polling Places
•	Released in February 2004
•	Does not appear to have been updated to reflect changes in the ADA standards
•	39 pages
•	Includes information on how to conduct a survey 
•	Temporary solutions for Election Day

Slide 40:
USDOJ ADA Checklist for Polling Places
•	Many states use this checklist
•	Some use abridged versions which may not have diagrams or suggestions for bringing the site into permanent or temporary compliance
•	Does not include rest rooms

Slide 41:
SURVEY CHECKLISTS
•	Some states have designed their own survey checklists
•	Incorporate state specific accessibility requirements
•	Check your State elections office website 

Slide 42:
GETTING TO THE POLLING PLACE
•	Accessible parking
•	Accessible passenger drop-off
•	Accessible path of travel to building
•	Accessible entrance to building

Slide 43:
THE POLLING PLACE
•	Accessible path of travel to polling place within building
•	Polling place set up to provide accessible path of travel and accessible voting booths or stations 
•	Are the booths or stations set up to ensure privacy for the voter?

Slide 44:
Litigation and USDOJ Activity
•	Kerrigan V. City of Philadelphia
•	Advocacy Center (Louisiana) V. Jefferson Parish
•	Justice Department Settlement Agreement with Flint, MI

Slide 45:
ACCESSIBILITY IS
•	An awareness of the history of systemic and institutionalized discrimination against people with disabilities in election participation. 
•	Many states still have laws restricting the rights of at least some people with mental disabilities to participate

Slide 46:
ACCESSIBILITY IS
•	Implementation of, and compliance with the disability-related requirements of NVRA
•	Recruiting and accommodating (as needed) poll workers with disabilities
•	Well trained poll workers able to provide effective customer service including providing assistance to voters who request it

Slide 47:
ACCESSIBILITY IS
•	Good public transportation to polling places, whenever possible
•	Polling location signs visible from the street with large letters and good contrast
•	Secure voting systems that provide all voters with the opportunity to vote privately and without assistance

Slide 48:
ACCESSIBILITY IS
•	Effective communication in all aspects of election administration, including print materials in alternate formats (Braille, large print, audio, electronic). 
•	This applies to the polling place and mailed/absentee ballots.
•	Simplified language (all voters could benefit!)
•	Captioned PSA’s

Slide 49:
OTHER ISSUES
•	Challenges to voter eligibility based on disability
•	Narrow photo ID requirements
•	Usability and reliability of DRE (Direct Recording Electronic)
•	All mail elections

Slide 50:
PROTECT YOUR RIGHT TO VOTE!
•	Election Protection
•	1-866-OUR-VOTE (687-8683)
•	www.ourvote.org

Slide 51:
RESOURCES
•	National Disability Rights Network Voting Access resources
•	Find your state’s Protection and Advocacy Organization
•	GAO Report: Additional Monitoring of Polling Places Could Further Improve Accessibility
•	USDOJ information about HAVA
•	USDOJ ADA Checklist for Polling Places

Slide 52:
RESOURCES
•	U.S. Election Assistance Commission
•	National Technical Assistance Center for Cognitive Access
•	National Federation of the Blind
•	National Association of the Deaf
•	National Election Protection Hotline

Slide 53:
RESOURCES
•	Bazelon Center for Mental Health Law and National Disability Rights Network, 
VOTE. It’s Your Right: A Guide to the Voting Rights of People with Mental Disabilities 

Slide 54:
RESOURCES
Faith Gross
VOTE! Coordinator
The Legal Center for People with Disabilities and Older People
455 Sherman St. Suite 130
Denver, CO 80203
303-722-0300
fgross@thelegalcenter.org 

Slide 55:
Thank you for participating in today’s ADA-Audio Conference Session
The next scheduled session is: “The Application of Federal Tax Incentives Supporting the Americans with Disability Act”
October 16, 2012
Register at: www.ada-audio.org or call 877-232-1990 V/TTY