PROVIDING ACCESSIBLE VOTING SYSTEMS AND EFFECTIVE COMMUNICATION

HAVA requires jurisdictions conducting federal elections to have a voting system (such as the actual voting machines) that is accessible, including to citizens who are blind or visually impaired, at each polling place.  The accessible voting system must provide the same opportunity for access and participation, including privacy and independence, that other voters enjoy.  States can satisfy this accessibility requirement through use of a direct recording electronic voting system or other voting system equipped for individuals with disabilities.  In addition to HAVA, the ADA requires officials responsible for conducting all public elections to make sure that any accessible voting systems are maintained and function properly in each election, and that election officials have been adequately trained to operate them.

Following the enactment of HAVA, the Department monitored the nationwide implementation of the accessible voting systems requirements and successfully resolved litigation in Maine, New York, and Pennsylvania to ensure that accessible voting systems were established in every polling place in those states.

The ADA requires election officials conducting any elections at the federal, state, or local level to provide communication with voters with disabilities that is as effective as that provided to others. To ensure that voters with disabilities can fully participate in the election process, officials must provide appropriate auxiliary aids and services at each stage of the process, from registering to vote to casting a ballot.  Only if providing an aid or service would result in a fundamental alteration or undue financial and administrative burdens is a jurisdiction not required to provide the aid or service.  However, the jurisdiction still has an obligation to provide, if possible, another aid or service that results in effective communication.  In determining the type of auxiliary aid and service to be provided, officials must give primary consideration to the request of the voter.

Examples of auxiliary aids and services for people who are blind or have low vision include a qualified reader (a person who is able to read effectively, accurately, and impartially using necessary specialized vocabulary); information in large print or Braille; accessible electronic information and information technology; and audio recording of printed information.  Examples of auxiliary aids and services for people who are deaf or have hearing loss include sign language interpreters, Video Remote Interpreting, captioning, and written notes.  For additional information about auxiliary aids and services, see ADA Requirements:  Effective Communication at http://www.ada.gov/effective-comm.htm.

For example, suppose that a jurisdiction is conducting an election for mayor and city council members using a paper ballot system.  A blind voter requests an accessible ballot.  A Braille ballot would have to be counted separately and would be readily identifiable, and thus would not constitute a secret ballot.  Other aids and services would better afford voters who are blind the opportunity to vote privately and independently and to cast a secret ballot, just like other voters.  These may include ballot overlays or templates, electronic information and information technology that is accessible (either independently or through assistive technology such as screen readers), or recorded text or telephone voting systems. 

The requirement to provide effective communication also extends to other information related to the voting process, such as poll workers obtaining address and registration information from voters.  Whatever information the public entity provides relating to the voting process must be accessible and usable by all who come to cast their ballots.  For example, election officials should have pen and paper available and be prepared to write out questions at the polling place check-in table for a voter who is deaf and can communicate through written communications.

In 2009, the Department entered into a landmark ADA settlement agreement with the City of Philadelphia, Pennsylvania, that transformed the historic city into a model program of accessible polling places.  A key component of the settlement was training for poll workers, election officials, and election administration staff.