by Jennifer M. Rodriguez
For individuals with disabilities, the simple act of voting can be both difficult and discouraging. In response to numerous complaints about inaccessible voting machines and polling places, Congress passed the Help America Vote Act of 2002 (HAVA) to ensure that every American qualified to vote is able to exercise this fundamental civil right.
Facing a January 2006 deadline for the implementation of fully accessible voting machines, United Spinal Association has been working closely with the American Association of People with Disabilities (AAPD) and the National Disability Rights Network (NDRN) to ensure that all machines are truly accessible. But with Congressional midterm elections looming in 2006, there are still concerns in the disabled community over the accessibility of the available machines.
“HAVA requires that voting systems be accessible for individuals with disabilities in a manner that allows access and participation in the voting process to be the same as for other [non-disabled] voters,” said Kara Lee-Brunton, policy analyst for United Spinal and a member of the Rights Task Forces’ Voting Work Group of the Consortium of Citizens with Disabilities. “Unfortunately, at this time, there is no perfect machine; no single voting machine is 100% accessible for everyone. However, it is of utmost importance that states comply with HAVA’s requirements and purchase the most accessible machine available. By not complying, they are, in essence, denying the constitutional rights of all Americans with disabilities-the right to vote.”
HAVA provides federal money for, among other things, purchasing accessible voting machines and removing the systemic and physical barriers that have, effectively, deprived people with disabilities their right to vote.
A major requirement of HAVA is that each voter be able to verify their vote. This means that, prior to the vote being cast and counted, a voter has the opportunity to change his or her vote in a private and independent manner. Currently, even one of the most accessible optical scan voting machines available, the AutoMARKTM, still requires that a person with limited hand mobility rely on a third-party to remove a marked ballot from the machine and place it into the tabulator to be counted. The AutoMARK, however, does provide a dual switch option that allows users to plug a sip- and-puff device, foot pedal, or joystick into the voting machine to enable them to mark the ballot themselves, which is a significant improvement for voters with disabilities. Although an individual using this machine will have to ask for help inserting the marked ballot, they will still be marking the ballot independently.
Direct Recording Electronic (DRE) voting machines are less accessible to voters with dexterity disabilities because “many DREs are ‘touch screens without adaptive technology capability, meaning that the individual has to make his or her selection by physically touching the screen and this is impossible for individuals who cannot lift their arms or use their finger effectively,” explained Lee-Brunton.
So while the technology is evolving, United Spinal and its allies continue to encourage individuals to call and/or write their Secretary of State or Governor and demand that their elected representatives not use HAVA money to purchase a system that is not universally accessible.
Jennifer M. Rodriguez is a Public Affairs officer.
