As we approach another important election season, the right to vote is more critical than ever. Voting is a cornerstone of our democracy in America, yet millions of Americans still face significant barriers when it comes to casting their ballots this November.
Whether it is physical inaccessibility at the polling stations or a lack of necessary accommodations, these challenges can be discouraging for voters with disabilities. Ensuring voting accessibility is not just a legal obligation, but fundamental to protecting everyone’s participation in shaping the future of our country.
The following are some ways certain laws work to safeguard voting rights, prevent accessibility barriers, and promote an inclusive voting process for all.
Protecting the Right to Vote Under the Americans with Disabilities Act
Did you know that your ability to vote is protected by law? The Americans with Disabilities Act (ADA) provides protections to people with disabilities that are similar to protections provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA and other laws require that public entities guarantee that people with disabilities can access and use their voting facilities.
Under Title ll of the ADA, state and local governments are required to make sure that people with disabilities have full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting, including voter registration, site selection, and casting of ballots, whether on Election Day or during an early voting process.
The ADA also requires that officials responsible for conducting all public elections ensure that accessible voting systems are maintained and function properly in each election, and that election officials have been adequately trained to operate them.
Other Related Voting Laws
The Voting Rights Act (VRA) of 1965 contains provisions relevant to the voting rights of people with disabilities. The VRA requires election officials to allow a voter with a disability to receive assistance from a person of the voter’s choice. The exceptions are the voter’s employer or its agent, or an officer or agent of the voter’s union.
The Voting Rights Act of 1965 also prohibits conditioning the right to vote on a citizen being able to read or write, attain a particular level of education, or pass a test.
The Voting Accessibility for the Elderly and Handicapped Act of 1984 requires accessible polling places in federal elections for elderly individuals and people with disabilities. When there is not an accessible location available to serve as a polling place, voters should be provided an alternate means of voting on Election Day.
The National Voter Registration Act of 1993 aims to increase the historically low registration rates of persons with disabilities. It requires all offices that provide public assistance or state-funded programs that primarily serve persons with disabilities to also provide the opportunity to register to vote in federal elections.
The Help America Vote Act of 2002 requires jurisdictions responsible for conducting federal elections to provide at least one accessible voting system for persons with disabilities at each polling place in federal elections. The accessible voting system should provide the same opportunity for access and participation, including privacy and independence that other voters receive.
These federal laws recognize and protect the right of people with disabilities to vote. They set standards to ensure access to polling places and to permit assistance to voters where it is needed. As a result, many common obstacles to voting for people with disabilities can be removed.
Getting Ready to Vote: Register to Vote or Check Your Registration
If you have not already done so, make sure you are registered to vote or remember to check if your voter registration is up to date.
In many states, you can register to vote or update your voter registration online. This helpful tool checks to see if your state offers online registration. Additionally, it is required that election websites are accessible and easy to use for people with disabilities.
You may also register by mail by downloading, printing, and mailing a National Mail Voter Registration Form in every state except New Hampshire, North Dakota, Wisconsin, and Wyoming. The form is available in multiple languages. If you need assistance, you can ask a friend or family member to help you fill it out.
If neither of those options work, you can register in person at several types of government offices such as state and local election offices, the department of motor vehicles, public assistance or disability offices, and certain libraries.
Under the National Voter Registration Act of 1993, offices that provide public assistance or state funded programs that primarily serve persons with disabilities can provide assistance in obtaining voter registration forms, completing forms, and transmitting completed forms to the appropriate election official.
Accommodations for In-Person Voting
When voting in person, you have the right to ask for accessibility accommodations to make it easier to vote. This ADA checklist provides polling place accessibility and has information about what you can ask for when voting.
Some accessibility accommodations that are protected under the ADA include:
- Allowing service animals
- Permitting another person to help you vote (cannot be an employer or union representative)
- Having handrails on all stairs at the voting location
- Providing accessible parking places
- Alternative voting and election materials in large print
- Ensuring that entrances and doorways at the voting location that are at least 32 inches wide
- Providing wheelchair-accessible voting locations, both inside and outside
- Having at least one accessible voting device at every location
- Poll workers to help you use accessible voting devices
If you know you will need accommodations to vote in person on Election Day, contact your state or local election office. They will help you understand what to expect at your polling place.
If there is not an accessible voting location, you can ask your local election office about what your options are, and it may include voting through curbside voting or finding a different voting location that is accessible.
Accommodations for Absentee Ballot or Voting by Mail
In some states, you have the option of participating in absentee voting, if a voting location is not available or if you’ll be out of town. You can also participate by mailing in your vote from home.
You can request an absentee ballot in your state, if applicable. The following are some examples of accommodations that may be available when voting by mail if your state is a participating state:
- Voting materials in alternative formats, including large print or audio.
- Alternate signature requirements, including typing your signature for those who may have fine motor skill impairments or physical disabilities.
- Accessible remote ballot marking systems allow a person to mark a ballot electronically, print it, and mail it to their local election office.
When completing your election ballot, make sure to return it to the participating election collection box. Depending on where you live, you can return it by mail, drop box, or have someone return it for you.
Electronic ballot return is another option that may be available in your state. This option lets you send your ballot back through email, fax, or an online portal.
Additional Resources
Make sure to check out Vote.gov to get updated voting information, as well as answers to common questions about registering and voting. You can also reach out to your local election office if you have issues with your state’s election website or if there are inaccessible voting locations near you.
You can also find a protection and advocacy agency in your state through the National Disability Rights Network and find additional resources for voters with disabilities through the United States Election Assistance Commission.
Additionally, the Rocky Mountain ADA Center provides a free training course on Accessible Voting that goes into further detail on the laws mentioned in this post, as well as common barriers to voting, and physical requirements for accessible voting places. Election officials and voters alike can benefit from an understanding of this information.
Lastly, if you believe that you were discriminated against because of your disability when voting, report your experience to the Department of Justice (DOJ).
Conclusion
As we gear up for this pivotal election season, it is important that every voter, regardless of ability, has access to vote. Being informed about voting laws and enforcement of these laws, barriers can be removed that would otherwise prevent people with disabilities from exercising their right to vote. By staying up to date and educating ourselves in the process, we can participate fully in our democratic processes and strengthen our communities.