ADA Title II protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, and activities of all state and local governments, including voting in federal, state, and local elections.
- Public entities cannot deny qualified individual's participation in the voting process
- Public entities are not allowed to make unnecessary inquiries about a person’s disability
- Public entities are required to make reasonable modifications to policies, practices, and procedures to allow people with disabilities access to voting
- Public entities are required to ensure voting-related communications are equally effective for voters with disabilities
- The Help American Vote Act (HAVA) was an election reform law passed in 2002 that includes several provisions related to voting access for people with disabilities. It addresses barriers including:
- Physical access barriers to polling places
- Lack of private and independent voting
- Failure to provide voting and registration materials in accessible formats