2007 Regional ILC 4 07

Slide1: 

HAVA Help America Vote Act HR 3295, Enacted October 29, 2002 Coalition of Texans with Disabilities

Some Interesting Statistics: 

Some Interesting Statistics According to the N.O.D., the Political Participation Gap is the difference in levels of political participation between people with and without disabilities. In the 2000 Presidential election: 41% of voting-age Americans with disabilities voted, compared to 51% of all voting-age Americans, a 20 percentage point gap More than 21 million voting aged people with disabilities did not cast a ballot Historically, only about a third of people with disabilities vote in American Presidential contests

Some Interesting Statistics, Cont.: 

Some Interesting Statistics, Cont. Voter registration is lower for people with disabilities than for people without disabilities (62% versus 78% respectively) In the 2000 Election, the disability community cast 14 MILLION votes Mr. Bush received almost five million votes & Mr. Gore got nearly nine million from the disability community 14 million: THAT’S A POWERFUL VOTING BLOCK! And that is with only 41% of people with disabilities voting!

HAVA History: 

HAVA History In October 2002, Congress passed and the President signed into law the Help America Vote Act (HAVA). Among other requirements, HAVA: requires privacy and independence in the voting process mandates access for and voter outreach to people with disabilities & disability related poll worker training The state must file a "State Plan" explaining how the state and counties will meet the new requirements The state must establish and maintain a state-based administrative complaint process for voters who file a sworn complaint that their voting rights have been violated

HAVA provides that this requirement may be met by placing a “Direct Recording Electronic (DRE) voting system or other accessible voting unit in each polling place.”: 

HAVA provides that this requirement may be met by placing a “Direct Recording Electronic (DRE) voting system or other accessible voting unit in each polling place.” Under HAVA: “the voting system must be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation as for other voters. This includes a secret and secure ballot!

ILC Participation in HAVA Education/Outreach Component: 

ILC Participation in HAVA Education/Outreach Component Opportunities to educate county judges & other election officials include: Annual Election Law Seminar, county level education of poll workers Current accessibility standards/ADA HAVA legislation standards Simple, inexpensive election day fixes General education on effective interactions with people with disabilities

Important ADA Polling Place Accessibility Information: 

Important ADA Polling Place Accessibility Information The voting area must be: (1) on the ground floor, enterable from the street; or (2) accessible by an elevator with doors at least 36” wide. Doors, entrances, and exits used to enter or to leave the polling place must have a minimum width of 32 inches. Any curb next to the main entrance to the polling place must have curb-cuts or temporary non-slip ramps. Any stairs necessary to enter or leave the polling place must have handrails on each side of the stairs and a non-slip ramp. The polling place may not have any barriers such as gravel, automatically closing gates, closed doors without lever-type handles, or any other barrier that impedes the path of persons with physical disabilities as they travel to the voting station.

ILC/Disability Advocacy Partnerships: 

ILC/Disability Advocacy Partnerships The KEY to successful education of persons with disabilities! Outreach to voters in your region having disabilities, via newsletter, local paper, regularly scheduled meetings Hold on-site HAVA education classes & equipment demos Differences between federal vs. non-federal elections How to use accessible machines Demystify new voting procedure Advise on civil rights Conduct voter registration Increase voter turnout

HAVA Application/Implications: 

HAVA Application/Implications HAVA requirements apply only to races in which there is a federal election This means that HAVA accessibility requirements do not apply to municipal, school board, city and state level races However, before HAVA, Texas amended its Election Code to require accessibility of polling places in ALL elections, a progressive move towards equal rights of the 4.5 million Texans with disabilities Where does your state fall on accessibility for all elections?

HAVA and Accessible Voting Systems: 

HAVA and Accessible Voting Systems Accessible voting systems may use of Direct Recording Electronic devices ( "DRE's") that allow you to vote directly on the system Counties using optical scan voting machines have supplemented their voter terminal with accessibility features, such as headphones or other assistive devices to vote both independently and secretly Systems must accommodate: no/low vision, no/low hearing, limited manual dexterity or reach, limited strength, no/low mobility, or any combination of the foregoing (except the combination of no hearing and no vision).

Privacy & Independence: 

Privacy & Independence Voters who are quadriplegic can vote privately using a sip ‘n puff device to move through the ballot and mark choices. Two large tactile switches are available for voters with limited upper body mobility or dexterity. They are activated by using an adaptive device or just about any part of the body, including the feet. Poll workers can disconnect the voting machine and bring it to a car so that one may vote without coming inside the polling place. The battery powered portable machine should be easy for any poll worker to carry curbside.

Privacy & Independence, Cont.: 

Privacy & Independence, Cont. Information can be repeated and you may take as long as needed to vote. An audio component is available to voters who are blind or have a severe visual impairment. Voter hears the entire ballot using headphones with volume control. If you need large print, select the large print option at the beginning of the voting process.

New ID Requirements Under HAVA: 

New ID Requirements Under HAVA You will have to present some form of identification in order to vote in the following situations: If you do not have your current voter registration certificate. If you registered to vote for the first time and submitted your voter registration application by mail without enclosing a copy of identification. You will be required to send a copy of a valid form of identification when you first apply for a ballot by mail or present a form of identification other than your voting certificate when you first attempt to vote in person, in a federal election.

Appropriate forms of identification include:: 

Appropriate forms of identification include: (1) a driver's license or ID card issued to the person by the Department of Public Safety or a similar document issued to the person by an agency of another state, regardless of whether the license or card has expired; (2) a form of identification containing the person's photograph that establishes the person's identity; (3) a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity

Administrative Complaint Procedures for Violations of HAVA, Title III: 

Administrative Complaint Procedures for Violations of HAVA, Title III A person who believes that a violation of Title III of the Help America Vote Act of 2002 has occurred may file a complaint with the Secretary of State. A Violation of Title III includes but is not limited to: failure to comply with federal voting system standards, as set out in Section 301(a) of HAVA, including standards for accessibility for individuals with disabilities and alternate language accessibility;

All Title III HAVA complaints must:: 

All Title III HAVA complaints must: be in writing, signed and notarized include the full name, phone number, complainant mailing address include a description of the alleged violation of Title III include a statement requesting a hearing on the record if desired The Secretary of State shall: review the complaint within 60 days if the complaint meets the requirements, notice that the complaint has been accepted shall be mailed to all parties. If not, it will be returned to the complainant with an explanation The complainant may make a written request for a hearing on the record, which will be held at the Secretary of State’s offices in Austin

Secretaries of State Embrace HAVA Legislation: 

Secretaries of State Embrace HAVA Legislation Texas Secretary of State Roger Williams: “We are a country that pledges, ‘liberty and justice for all,’ and thanks to the important reforms enacted last November, we are one step closer to reaching that goal,” Williams added:  “I want to thank the Coalition of Texans with Disabilities for their help last fall in spreading the message of democracy.” Be their “go-to” organization on accessible voting!

Key Players in HAVA State Implementation/Compliance: 

Key Players in HAVA State Implementation/Compliance The Secretary of State’s Office Disability and Aging Advocates Independent Living Centers Civil Rights Advocates MUDs, School Districts, Municipalities Cities, Counties, the State County Clerks Political Party Representatives Public Relations Firms State Legislators

The Secretary’s State Plan: 

The Secretary’s State Plan Appointed an advisory committee to help develop the state plan. Included substantive input from county clerks, persons with disabilities, legislators, voter advocacy groups and other relevant associations Major component: conducted a comprehensive outreach and education plan to all Texans, utilizing disability groups’ skills and contacts

Reasons Cited by Municipalities for Non- Compliance in Non-Federal Elections: 

Reasons Cited by Municipalities for Non- Compliance in Non-Federal Elections Compliance is too costly: Counties often charge municipalities to borrow the electronic voting machines Programming the accessible voting machines is more costly than using a non-accessible paper ballot It is an “undue burden” to provide accessible voting machines

Reasons Cited by Municipalities for Non- Compliance in Non-Federal Elections: 

Reasons Cited by Municipalities for Non- Compliance in Non-Federal Elections Lack of knowledge about disability issues and people with disabilities “We don’t have any people with disabilities living around here” “People with disabilities haven’t voted in the past” “We only have a handful of ‘handicap voters’” They can get curbside voting We can help them vote People with disabilities are “too sick/disabled” to vote or do not understand how to vote

City/Municipalities HAVA Response:Knee Jerk Legislation Filed to Amend State Election Code: 

City/Municipalities HAVA Response: Knee Jerk Legislation Filed to Amend State Election Code Voter ID bills: Different ID requirements for non-federal elections without notification to voters Stated goal is to “reduce election fraud” Even proposed legislation to make it a third degree felony to assist voters with disabilities by physically taking more than three sealed “ballots by mail “to the mailbox at one time! Exemption from accessibility standards: By population By number of votes in past elections Stating that it is an undue burden to comply Simply by notifying the SOS, no reason necessary

Keep Your Ear to the Ground!: 

Keep Your Ear to the Ground! Anticipate & prepare for possible opposition, both during the interim and legislative sessions Participate in pending voter accessibility legislation – don’t depend on others to protect your rights Have your clients (their constituents) contact their legislators Contact them at the Capitol Contact them at their district offices Legislators want to hear from the ILCs and the people they serve – you are the experts MAKE YOUR VOICE BE HEARD or YOU WILL LOSE YOUR RIGHTS!

Slide24: 

"Get into politics as if your life depended on it. It does!" -The Late Justin Dart, Jr., often referred to as the Father of the ADA

Coalition of Texans with Disabilities: 

Coalition of Texans with Disabilities 316 W. 12th St. #405 Austin, TX 78701 512.478.3366 jpark@cotwd.org