[an error occurred while processing this directive]

REVISITING THE U.S. VOTING SYSTEM: A RESEARCH INVENTORY

November 27-28, 2006

Convened by the American Association for the Advancement of Science

Christina Galindo-Walsh

ELECTION ACCESS FOR INDIVIDUALS WITH DISABILITIES

For persons with disabilities, the Help America Vote Act of 2002 (HAVA) is not merely an election reform law. It is a civil rights statute, which mandates for the first time that voters with disabilities have the right to cast a private and independent vote. To give effect to this promise, HAVA requires that every polling place be accessible and have at least one accessible voting system available for voters with disabilities. Because of HAVA, many voters with disabilities are casting secret ballots – just like other voters – for the first time in their lives.

Unfortunately, due to implementation delays, HAVA is not helping all of the voters with disabilities it intended to serve. Voting system guidelines, meant to instruct states on voting machine accessibility, do not go into effect until December 2007 – almost two years after HAVA’s accessibility deadline of January 1, 2006. Accordingly, states purchased new voting technology that might have met pre-HAVA accessibility standards, but which fall short of recently-adopted HAVA Volunteer Voting System Guidelines (VVSG). These guidelines are designed to provide accessibility to voters with a greater range of disabilities. Not only do many current “accessible” voting systems fail to meet the VVSG, but they also have accessibility features that are, in some instances, onerous for individuals with disabilities to use. For example, some voting systems do not allow voters using the audio output to adjust the speed of speech or move between contests in order to maneuver through the ballot more quickly.

One challenge for the future is to ensure the development of accessible voting machines that are both easy to use and provide the greatest access for the greatest number of voters with disabilities. Implementation of HAVA’s accessibility requirement has focused almost exclusively on voters who are blind and even more specifically on those who have been blind long enough to develop skills to benefit from the accessibility features available on many of the voting machines in use. A lack of appreciation of the great diversity and degree of disabilities has resulted in voters with other disabilities – e.g., low vision, limited manual dexterity, mental disabilities, hearing disabilities – deriving little or no benefit from the provisions of HAVA that were meant to protect them as well. Meeting the varied needs of voters across the spectrum of disability requires research with an appreciation of all of the categories and subcategories of disabilities, as well as the degrees and severity of disabilities, and the varied challenges presented by each of these factors. This can be accomplished in part by consulting experts with knowledge about various types of disabilities and specific expertise and background on assistive technology for individuals with disabilities.

Another great challenge is making certain that the evolving standards of accuracy and security for voting systems take into account the goal of universal accessibility so as not to undermine the gains achieved and promised under HAVA. Electronic voting machines have provided unprecedented access for some voters with disabilities, but they have also raised questions about the integrity of our elections. Whatever technologies are devised to address perceived and real vulnerabilities must also be fully accessible to voters with disabilities. Not only is this required under federal law, but it is also necessary to providing an election system that is worthy of our democracy. For example, if paper trails are deemed necessary to provide voter confidence or to ensure security and accuracy, paper trail technologies must be fully accessible. Voters with disabilities also want secure and fair elections and should not be forgotten when new technologies are developed to ensure election integrity.

The need for additional research on behalf of voters with disabilities is not limited to voting systems. Research regarding election administration and election reform needs to consider the impact on voters with disabilities and ensure their equal access to the franchise. Too often, individuals with disabilities are an afterthought in debates about election reform. For instance, recent studies in Georgia and Wisconsin examined the impact of voter identification legislation on certain segments of the states’ voting age populations. Despite evidence that voter identification requirements disproportionately disenfranchise voters with disabilities – who often do not drive and therefore do not possess photo identification – these studies failed to consider this population. Whether the issue is emerging voting technologies, novel approaches to election administration – like vote centers and vote by mail – or efforts to refine tried and true methods of conducting elections, the difficulties encountered by voters with disabilities must be considered and addressed.

National Disability Rights Network

The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States.

Section 291 of HAVA provides that P&As are to “ensure the full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places.” The P&As’ unique role under HAVA provides them the opportunity to lend their expertise to voters, advocates, and election officials who are trying to comply with HAVA and other statutes relating to individuals with disabilities.