Voting Rights for People with Disabilities
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After the presidential election of 2000, many problems in our country's voting procedures were identified, and a new federal law, the Help America Vote Act of 2002, was passed. In addition to providing federal funds for states to address issues with ballots (remember those hanging chads in Florida?) and voter registration, HAVA also has several provisions that apply to people with disabilities.
Physical Access: First, HAVA provides some limited grant funding for states to make polling places accessible. Although Oregon voters vote primarily by mail, there are occasions where a voter might vote at, or otherwise need to visit, a county elections office. The state completed an accessibility survey of all county elections offices and money is being disbursed to counties to help address some of the issues identified in the surveys. Unfortunately, the amount of grant money available is insufficient to address all of the accessibility issues in some counties. People with disabilities should contact their local elections office to give input about which accessibility problems should be given priority.
Alternate Format Ballots: HAVA requires that states provide people with disabilities the means to vote in a manner that offers the same opportunity for access, participation, privacy, and independence as other voters. Julie Anderson and other disability advocates have been working with the Secretary of State’s office to develop an accessible ballot which will use a standard computer. It is called the Alternate Format Ballot (AFB). The AFB is e-mailed directly to the voter. Alternatively, the AFB is mailed to the voter on a computer disc. The voter, using her own computer and, if necessary, assistive technology, opens the AFB, marks it, prints it and returns it in the ballot envelopes (the secrecy envelope and the signature envelope), the same as a standard ballot. The AFB allows many voters with disabilities to do what all Oregon voters without disabilities have the option of doing: vote from the privacy and comfort of their home. Many people with disabilities already have computers with accessibility features that they use on a daily basis to access a variety of information. For those voters who do not have access to the required technology, each county election office has at least one computer and printer dedicated as an accessible voting station. These computers are equipped with accessibility features, including screen readers, text enlargers, switches, puff/sip capabilities, etc., that allow voters with disabilities to have access. Finally, each county has at least one laptop computer, also equipped with accessibility features, for use by county elections staff to provide assistance in a voter’s home or community setting. Contact your local elections office for more information.
Complaint Procedures: HAVA requires states to have procedures in place to address complaints from people who experience difficulties in the voting process (e.g., registration, casting a ballot) because the state fails to implement HAVA's requirements. People will have the right to have an informal hearing on the matter.
Language Accessibility: Although HAVA does not specifically address issues for people with cognitive disabilities, they encounter unique challenges to voting. One way that DRO is working to assist these voters is by teaming with others to make an Easy Voter Guide . DRO is working with the League of Women Voters, the Oregon Secretary of State’s office, and Self-Advocates As Leaders to make the guide for the November 4, 2008, General Election. The guide will be available in alternate formats.
Disability Rights Oregon's (DRO) role: As Oregon's Protection and Advocacy agency, DRO will provide information and assistance to people with disabilities who have voting problems related to their disabilities. Contact Julie Anderson for information or assistance on disability-related voting issues.
Julie Anderson, Attorney
Disability Rights Oregon
75 N. 1st St.
Central Point, OR 97502
(541) 664-3024
1-800-880-1931
Fax: (541) 664-3384
jcaoac@yahoo.com
For more information on HAVA, visit the Oregon Secretary of State's HAVA website.
Disability Rights Oregon
620 SW 5th Avenue, 5th Floor
Portland, Oregon, 97204-1428
503-243-2081 (Voice)
1-800-452-1694 (Voice)
503-323-9161 (TTY)
1-800-556-5351 (TTY)
