Making Voting Accessible
In 2002, the Help America Vote Act (HAVA) did for voting what the Americans with Disabilities Act did for buildings a dozen years earlier. Though the Voting Rights Act of 1965 provided some limited protections to blind and disabled citizens’ right to participate in elections, it wasn’t until HAVA that all polling places across the country were required to have accessible voting systems offering the opportunity to privately and independently cast a ballot regardless of physical ability. Though great strides have been made over the past 60 years, blind, deaf, and physically impaired Americans still face barriers to full political participation.
The Centers for Disease Control and Prevention estimates up to 1 in 4 adults in America have some form of disability. More than 10% of the population has a mobility impairment, including paralysis or serious difficulty walking or climbing stairs, and about 5% have serious difficulty seeing or are totally blind. Until relatively recently, these citizens were either outright excluded from voting by discriminatory laws which restricted ballot access to only the able-bodied or were indirectly prevented from casting a ballot by inaccessible polling locations.
The Voting Accessibility for the Elderly and Handicapped Act of 1984 was the first piece of federal legislation specifically intended to make voting more accessible by requiring poll sites to be accessible for elderly and disabled voters. If accessible locations were unavailable, states were required to provide alternative means to cast a ballot. In 1993, the National Voter Registration Act, commonly known as the Motor Voter Act, greatly expanded voter registration outreach to disabled communities by directing public assistance offices that primarily serve people with disabilities to also provide voter registration services. The Motor Voter Act also mandated that all public voter registration sites, including state DMVs and county clerk’s offices, be accessible.
Following the disputed 2000 election, Congress passed the Help America Vote Act which led to a massive advancement in voting technology across the country. Old-style punchcard ballots and mechanical lever voting machines were replaced by modern equipment. HAVA specifically required that every polling site have at least one accessible voting station designed for use by disabled voters. These accessible voting stations come in many shapes and forms, but most include braille labels, audio prompts, and are designed to accommodate wheelchair users. Some even come with a “sip and puff” connection to allow quadriplegic voters to independently complete their ballot. HAVA also created the Election Assistance Commission to test and certify voting equipment.
Many states have enacted laws that go beyond federal requirements for accessible voting. Wisconsin regularly audits polling places and provides clerks with assistance to ensure voting sites are accessible. The state also requires counties to offer curbside voting for voters who cannot enter a polling location due to disability. Minnesota offers a Polling Place Accessibility Diagnostic Tool to cities and townships to inspect polling places to identify gaps in compliance with state and federal law. California provides a library of guidance documents and checklists to aid county election officials with ensuring polling places are accessible for disabled voters. Oklahoma offers curbside voting to voters physically unable to enter polling places and permits disabled voters to receive assistance with registering to vote and marking their ballot.
Colorado’s election law goes above and beyond what is required by HAVA and specifically affirms a citizen’s right to vote regardless of physical or mental impairment or disability so long as the individual is able to articulate their preference. All counties must ensure that polling places be accessible to voters regardless of disability. Additionally, assistance may be provided to a prospective voter wishing to register to vote. Disabled voters are also permitted to request help completing their ballot from an election judge or other person, such as a family member or caregiver, of the voter’s choosing. The state’s system for all-mail in voting and ample supply of ballot boxes also simplifies voting for disabled Coloradoans.
In 2021, Governor Polis signed SB21–188, Ballot Access For Voters With Disabilities, into law, allowing blind, visually impaired, or physically disabled voters to return their ballot using electronic means such as secure online portal or fax. State Representative David Ortiz, who was paralyzed while serving in the Army, cosponsored the legislation. These digital methods of returning ballots have been shown to be safe and secure by military and overseas voters who have utilized them for the past seven years without a single instance of a breach or fraud.
Even still, obstacles to equal participation in the political system remain for citizens with disabilities. Last month, Denver Councilman Chris Hinds, who uses a wheelchair, was forced to pull himself onto the stage during a candidate debate because there was no ramp at the facility. Councilman Hinds described the situation as “humiliating” and “nuts.” Though voting sites are required to be accessible, disabled voters are confronted with numerous hurdles, including curbs, staircases, and a lack of accessible restrooms, when participating in marches, rallies, and town halls at hard to navigate venues. Without intentional efforts to increase accessibility, blind and deaf citizens face barriers to getting involved in party politics and issue campaigns. More must be done to make sure that all citizens, regardless of ability, have the ability to cast a ballot and have their voice be heard in our democratic system.
Nicholas Monck served as the Deputy Director for Voter Protection for the Colorado Democratic Party in 2018 and Boulder County Democratic Party Legal Team Co-Lead from 2017–2019. Opinions expressed are his own and do not represent the views of his employer.
