Some states have been slow to ensure that voters with disabilities have equal access to the process.
By John P. Herrion
A ballot-marking device for people with disabilities is demonstrated at United Spinal headquarters. All voting machines are required to be accessible after January 1, 2007.
|
In 2002, President Bush signed the Help America Vote Act (HAVA) into law. HAVA provides federal funding for states to improve election administration and replace outdated voting systems. Its provisions require education for voters concerning voting procedures, rights and technology, and training for poll workers and volunteers to effectively administer the voting process. Other obligations under HAVA include improving, modifying and replacing voting systems with updated technology to ensure efficiency and accuracy when votes are marked and counted.
One significant provision of HAVA requires improving the physical accessibility of polling places for persons with disabilities. HAVA specifically requires that states use the federal funding to make polling places-including the path of travel, entrances, exits, and voting area of each polling facility-accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. After January 1, 2006, polling places that are used for federal elections were required to have at least one voting system that is accessible to persons with disabilities. HAVA’s obligations also include providing individuals with disabilities with information about the accessibility of polling places, and training election officials, poll workers, and election volunteers on how to best promote the access and participation of individuals with disabilities in elections.
Slow Out of the Gate
Recently, United Spinal staff had a chance to view firsthand what is involved in implementing the accessibility requirements of HAVA. In August, the New York City Board of Elections paid a visit to our National Headquarters in Jackson Heights, New York, to demonstrate equipment that will be in place for the city’s 2006 primaries and general election as part of an agreement between New York State and the US Department of Justice.
The visit featured a demonstration of a new ballot marking device (BMD) designed for people with disabilities. While the BMD appeared usable for persons with mobility, seeing and hearing impairments, the presentation made clear that it is not a vote tabulating machine. Rather, the device assists people with disabilities to mark their ballot, which is then printed out, placed in an envelope, and counted with absentee ballots. Ballot marking devices will only be available in Borough Offices throughout the City, meaning that polling places throughout the rest of the City will not have any such device. This arrangement will be temporary for 2006, as HAVA requires that all voting machines purchased with federal funds be accessible to voters by January 1, 2007.
Several states, including New York, have been slow to comply with HAVA’s requirements. United Spinal Association was pleased with the passage of HAVA, but remains frustrated with the lack of compliance that has been demonstrated by many States. United Spinal continues to work so that States come into compliance with HAVA in ways that will ensure that people with disabilities are afforded an equal opportunity to cast their vote. For further information on HAVA, or what your State is doing to comply with its provisions, please contact me by phone (800-404-2898, ext. 311) or e-mail (jherrion@unitedspinal.com).
John P. Herrion is United Spinal Association’s program counsel.
