VOTING

CFILC ISSUE BRIEF

People with disabilities are the “sleeping giant” of American politics. As the single largest block of people who do not vote, many disability advocates say it is only a matter of time before the disability community finally taps into that voting block and begins to demand influence in the democratic process.

Nationally, there are more than 35 million voting-age persons with disabilities in this country, yet 14 million voting age people with disabilities are not registered to vote.

   It is critical that the disability community becomes more involved in the political process. With greater voting power, people with disabilities will more likely have their concerns heard and action done to answer those concerns.

Government often plays a large role in the lives of people with disabilities. From funding for In-Home Supportive Services to assistive technology, healthcare, etc. the independence and livelihood for many people with

disabilities is directly linked to the decisions made by lawmakers and politicians.

The disability community can build its power through creating a voting block to empower persons with disability to wield their own power through the ballot box.

Accessible Voting Machines

CFILC ISSUE BRIEF

California Counties find themselves in “Catch-22” situation. Federal law requires, that for federal elections, voters must vote on federally certified equipment. Since punch card machines have been deemed unacceptable, many, if not all, Counties will need to have purchased new equipment or significantly modified existing equipment by the federal Help America Vote Act (HAVA) deadline of January 2006.

HAVA specifies that at least one accessible voting machine must be provided in each polling site by that date. The Direct Recording Electronic devices (DREs) are the most universally accessible voting equipment currently available today. Optical Scan machines, even with the addition of the AutoMark, are not accessible to voters with a wide variety of functional limitations. They are accessible to the blind and others who have no manual dexterity issues. Because of the universal accessibility of DREs, that is, they are useable by the most number of people, they are regarded as a top choice for Registrars who want to just use one machine for everyone.

However, in 2004, the Secretary of State and the California Legislature mandated the use of a yet to designed, non-existent machine for use by 2006. This machine is required to have an Accessible Voter Verified Paper Audit Trail (VVPAT). In addition, prior to its use, this machine must be federally certified and then qualified by California’s Secretary of State.

Vendors at the January 21, 2005 Voting Systems Panel meeting were shown in the minutes as saying that this would be a significant hardware redesign or modification that would not be ready by the 2006 deadline. Indeed, the Federal Government has yet to issue any standards on VVPAT, let alone an Accessible VVPAT. While much has been done to meet the requirements of allowing sighted voters to verify their ballot as it is printed on the paper trail, nothing has been done to allow non-sighted or non-reading voters to verify their vote as it is printed on the paper trail.

What are the Counties to do? Are they to purchase equipment that is accessible to all but those who are blind and risk a lawsuit? Are they to go with the Optical Scan equipment and again risk a lawsuit because it isn’t accessible to people who have manual dexterity issues? Are they to avoid the law altogether and go with an all absentee vote, or phone in votes?

If the official ballot is the electronic ballot then the issue of being able to review the paper trail becomes less of an issue. The minute the paper trail becomes the ballot; the State has crossed the line and violated the civil rights of voters who are blind or visually impaired. California must treat all voters the same; if voters are to be able to verify their paper trail vote that means ALL voters. To treat one group differently is the essence of discrimination and will not be tolerated.

We are watching this very closely and await the Secretary of State’s timely resolution. Requiring a VVPAT for all voters triggers the need for a VVPAT that is accessible to everyone. We expect that the Counties will have nothing less.

Accessible Polling Sites

In October 2001, the National Organization on Disability reports:

"Barriers Restrict Voting by People with Disabilities”

An NOD survey identified that twenty-one percent of U.S. adults with disabilities—representing more than eight million potential voters—say they have been unable to vote in presidential or congressional elections due to barriers faced either at, or in getting to, the polls.

“Issues of voting rights are not confined to a single state or a single voting bloc,” said N.O.D. President Alan A. Reich. “They are national issues with national repercussions. We strongly encourage election officials to respond to this serious problem and to direct all poll workers to redouble efforts to ensure that those of us with disabilities receive all necessary attention and assistance.”

N.O.D.’s poll*, conducted by Harris Interactive®, found that of the roughly one-fifth of U.S. adults with disabilities who said they had wanted to vote, but were not able to:

• 29 percent said they could not get accessible transportation;
• 22 percent said their eligibility had been challenged;
• 21 percent reported the polling place was not accessible;
• 21 percent reported their mental or physical abilities were questioned;
• 19 percent said they could not understand the voting machine;
• 18 percent said they were made to feel embarrassed or uncomfortable;
• 12 percent reported that needed alternative voting formats (e.g. large print ballots, computer assisted voting booths, paper ballots, etc.) were not available;
• 12 percent said needed assistance (e.g. a sign language interpreter) was not available; and
• 8 percent said they were not allowed to have someone help them with the voting machine.

Additionally, 21 percent said they did not know how to register, in spite of legal requirements that those who provide services to people with disabilities also offer help in registering to vote.