ADA Compliance Issues in the Voting Polls

People with disabilities face unjust voting difficulties that need to be addressed before the upcoming presidential elections.

With primary elections just a few months away and the presidential candidate campaigns in full swing, millions of people across our nation are getting psyched, while some are cringing at the thought of entering the polls.

Although the media may be engrossed in Donald Trump, Bernie Sanders, Hillary Clinton and Joe Biden’s every word, it’s time to shift the attention from the banter between the presidential hopefuls to bringing ADA compliance issues to the forefront before the 2016 elections begin and it’s too late.

An estimated 20 percent of the U.S. population has a disability – surmounting to nearly 50 million people. Now, 25 years after the passing of the Americans with Disabilities Act, our nation is still struggling to comply with the laws that make voting polls accessible for people with disabilities

Imagine having to say your vote out loud and hope that the poll worker marks your ballot correctly.

Imagine not being able to even get in the door at your local voting precinct.

Imagine being denied the right to vote.

Statistics show that people with disabilities have a lower voter turnout than those without disabilities. Twelve surveys taken over the 1992-2004 elections found that eligible citizens with disabilities were between 4 and 21 percentage points less likely to vote than were eligible citizens without disabilities.

Past ADA Compliance Polling Issues Across the U.S.

In New York just last year, many polling places had few, if any, accessible machines – some of which were not even plugged in and were instead used as a makeshift coat rack.

Overall, poll workers struggled to communicate with persons who are blind and/or deaf.

According to the Arkansas Times, when Ava Adams, who is deaf, went to cast her vote, she declared having difficulty communicating with poll workers, who were “inflexible” when she requested accommodations.

Richard Rueda, a legally blind voter in Alameda County, Calif., said poll workers had to read his ballot out loud and mark his ballot for him. Not only did he disclose his personal vote, but also had to trust that the poll worker marked the ballot properly. Although the poll worker was trying to accommodate Richard Rueda, it serves as a reminder to us all that ADA compliance issues in the polls still exist.

Susan Sheer, a wheelchair user in Manhattan, New York, had to cast her vote outside in the cold on the hood of her car because she couldn’t get in the door.

Although each of these disabilities calls for a distinctive solution, the problem is the same. People with disabilities may feel neglected, invisible and stripped of their ‘certain inalienable rights.’

Here is the ADA Checklist for Polling Places.

Common ADA Compliance Issues in Voting Polls:

• Parking
• Passenger Drop-off Areas
• Sidewalks and Walkways
• Wheelchair, Scooter and Mobility Aid Issues
• Issues for those with impaired vision & hearing
• Building Entrances
• Hallways and Corridors
• Voting Area
• Voting Ballots

A few measures to make voting easier for the disabled:

1. Ensure the physical polling place follows all ADA guidelines;

2. Create voting methods and ballots that are ADA compliant for all disabilities (deaf, blind, physically restricted and more);

3. Hire poll workers with sign language experience, or those who specialize in communicating with persons with disabilities. Offer training to help communication with and assistance for persons with disabilities;

Attorney
Coalition Alliance