The Law Protects Voting Rights of Disabled Citizens

Disabled Americans have a constitutionally protected fundamental right to vote, just like the rest of us. Beyond this constitutional protection, federal and state laws ensure access to voting places and systems. Election officials must comply with these regulations to avoid litigation. The law gives disabled voters the same opportunity to vote as able bodied citizens, even if extra assistance by election officials or poll workers is required. For example one election law expert suggested offering curb side voting for disabled voters administered by trained poll workers. In general, polling places and workers must be sensitive to the needs of the disabled and make good faith efforts to provide at least the minimum of statutorily defined accommodations at each site.

Federal laws that protect voting rights of the disabled are:

Voting Rights Act of 1965- In addition to providing sweeping protections for minority voting rights, the VRA allowed those with various disabilities to receive assistance "by a person of the voter's choice", as long as that person was not the disabled voter's boss or union agent.

Voting Accessibility for Elderly and Handicapped Act of 1984- Mandated "handicapped and elderly" access to polling places, and provided for the creation of permanent disabled access voter registration sites.

Americans with Disabilities Act of 1990- Prohibited discrimination against "individuals with disabilities" and required that accommodations be made for disabled citizens at places of employment, public service, as well as private operators. The ADA was enacted to ensure that the historical exclusion of disabled Americans in numerous areas, including voting, would be scaled back significantly. Sixteen years after the passage of this landmark legislation, compliance issues remain, with suits filed against local governments to compel better and faster compliance under the law. Read about a recent case here.

Either individuals who have been wronged or the Department of Justice may sue under the ADA for both damages and injunctive relief. The U.S. Department of Justice has created a report called the ADA Checklist for Polling Places with helpful information concerning the proper procedures and accommodations that election officials must remain sensitive to in planning voter sites. The DOJ website is a great resource if you are looking for background on the landmark ADA or for answers to questions about filing a complaint and other general compliance issues.

National Voter Registration Act of 1993- Required states with disabled service agencies to act as disabled voter registration agencies as well.

Help America Vote Act of 2002- Under this law, voting "systems" must be accessible for all those with disabilities, including special assistance for blind or otherwise visually impaired voters. The requirement can be satisfied with just one voting system equipped for disabled voter use.

Violations to watch for:

Here are a few situations that would be violations of federal law:

• Voter assistance by 3rd party not allowed- If a poll worker prevents a disabled voter from receiving voting assistance there is likely a violation of the Voting Rights Act of 1965.

• Voting registration difficulties- If the voting registration process is too cumbersome to allow for access by the disabled, there is likely a violation of the Voting Accessibility & Handicapped Act of 1984.

• No disabled voting equipment- All polling sites must have AT LEAST ONE voting system designated for use by disabled voters. If not, there is likely a violation of the Help America Vote Act of 2002.

• No parking/building access accommodations have been made- Various laws treat this matter with some seriousness. For more on this issue, see the DOJ Checklist referred to above.

Suggestions: When someone comes looking for help

If elderly or disabled members of the community come to your organization in search of assistance on a voting rights matter, as a preliminary step you can refer them to the various sources listed throughout this article. Ensure them that their voting rights are protected not only by the U.S. Constitution, but also by federal and state laws. If the problem is pressing, and perhaps widespread, legal action is an option. Nearly all of these laws allow someone whose rights have been violated to seek injunctive relief (a court can compel election officials to comply with the relevant laws or prevent an official from restricting access).

Alternatively, you can meet with local education officials before the election to educate them on disability rights and encourage them to train poll workers on these issues. Where local officials or poll workers are unresponsive do not underestimate the impact that media attention can have. Use your organization's website or newsletter to draw attention to the lack of compliance. Call local media outlets and inform them of the matter. A rally or demonstration can help bring much needed coverage. Besides, officials need to understand that compliance with these laws is not optional, and that democracy is never selective in its application.