Accessibility at the polls is not a favour. Two federal statutes set a floor, and volunteers who know the floor can ask for things others merely hope for.
By the end of this lesson you will be able to…
- Name the duties imposed by the ADA and HAVA
- Ask for an accommodation by name
- Recognise an unlawful refusal
Two statutes
- ADA Title II — public entities must not exclude disabled people from programmes, including voting. Physical access and effective communication both fall under it.
- HAVA — requires at least one accessible voting system per polling place, permitting a voter to vote privately and independently.
The word "independently"
HAVA does not merely require that a disabled voter be able to vote. It requires that they be able to vote privately and independently — without another person seeing their choices. A poll worker who offers to mark the ballot for a voter is offering something the law was written to make unnecessary.
He had voted with his daughter reading his ballot aloud for twenty-two years. The accessible machine had been in a cupboard the whole time.
Case note, 2018 midterm
Asking by name
Accommodations arrive faster when requested by their legal name. “Could you help him?” produces improvisation. “We are requesting curbside voting under the accessibility provisions” produces the procedure.
Key takeaways
- ADA Title II and HAVA set the floor
- HAVA requires private and independent voting
- Ask for accommodations by their legal name