Voting Rights
Voting is the foundation of our democracy and an important civil right;Voting and political participation are essential privileges of community membership. Not being able to vote is a denial of citizenship. Therefore, as citizens we have the right and the responsibility to cast our votes and participate in the governing of our communities. Every election affects each of us. The policies developed and implemented by those we elect impact us every day. The VOTE! campaign is designed to give as many people as possible an opportunity to participate in the political process. Each contribution, be it of time, talent, or ideas, is an important component in making the voting and election processes user friendly and accessible to all citizens.
In addition, voting promotes inclusion, independence and community participation. A successful, non-partisan, voter campaign leads to increased voter registration. This campaign also leads to the formation of a constituency that is knowledgeable about relevant policy issues, mobilized to help get out the vote and educate others, and is documented and recognized as an important voting force.
There are 54 million Americans with disabilities.
35 million Americans with disabilities are of voting age.
17.5 million voting-aged Americans with disabilities have a severe disability.
People with disabilities register to vote at a rate that is 16 percentage points lower than the general population.
There are more than 16 million people with disabilities across the country who are not registered to vote.
If Americans with disabilities voted at the same rate as the rest of the population, there would have been four million more votes cast in the 2000 presidential election.
In 2000, 41% of Americans with disabilities voted compared to 51% of all adults.
Despite the National Voter Registration Act, 75 percent of people with disabilities report they have never been asked to register to vote by a service provider.
Source: These statistics were taken from the year 2000 United States Census.
"My vote doesn't make a difference."
Response: " A lot of people feel that way, but if people with disabilities voted at the same rate as the rest of America, there would have been as many as 7 million more votes cast in the 1996 presidential election."
"My candidate always loses."
Response: " People with disabilities register to vote at a rate that is 16 percentage points less then the rest of the population. There are over 35 million voting age persons with disabilities. Together we can make a difference!"
Resources:
Voting Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 661128
Washington, D.C. 20035-6128
www.usdoj.gov/crt/voting
(800) 253-3931 (Voice/TTY)
What if I have special needs at the polls?
People who require voting assistance due to physical disability and/or blindness may request voting assistance at the polls on election day. Physical disability and blindness are the only to reasons that a voter may apply to a County Board of Elections for permanent voting assistance. A person may receive assistance from someone of their choice or the two precinct judges at the polls. A person may not be assisted by their employer, his or her agent, a union officeror agent of that voter’s union
Can I request an absentee ballot?
An absentee ballot may be requested at the County Clerk’s office if you meet any of the following qualifications:
- Due to advanced age, disability, illness or medical emergency.
- You are a member of the Armed Forces or the dependent of a member of the Armed Forces
- You temporarily reside overseas but are still eligible to vote in Kentucky
- You are a student attending school outside the county of your voter registration
- You temporarily reside outside the state but are still eligible to vote in Kentucky
- You are incarcerated in jail and have been charged but not convicted of a crime
- You work outside of the county and are unable to either vote early in the county clerk’s office or in your polling place on the election day
The FederalVoting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. subsections 1973, enacted in 1984.
This law requires access for elderly and disabled voters to registration sites and polling places in federal elections. It states that all polling places should meet the standard of physical accessibility for elderly and disabled voters. If a polling place does not meet the standard, it must be made temporarily accessible or moved to an accessible location.
Resources:
Voting Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66128
Washington D.C. 20035-6128
(800) 253-3931 (voice/TTY)
The Americans with Disabilities Act
Perhaps the most important law for persons with disabilities law is Title II of the Americans with Disabilities Act of 1990 (ADA). The ADA requires that persons with disabilities have equal access to services programs and activities conducted by public entities. A public election would be such an activity. Election Officials must provide disabled voters the chance to request the necessary aids and services to ensure compliance with the law.
Resources
ADA Standards for Accessible Design U.S. Department of Justice Appendix A of the Title III Regulations
From the U.S. Department of Justice
Civil Rights Division
Disability Rights Section
www.usdoj.gov/crt/ada/stdspdf.htm
Who is Covered by Title II of the ADA
The title II regulation covers "public entities."
"Public entities" include any State or local government and any of its departments, agencies, or other instrumentalities.
All activities, services, and programs of public entities are covered, including activities of State legislatures and courts, town meetings, police and fire departments, motor vehicle licensing, and employment.
Unlike section 504 of the Rehabilitation Act of 1973, which only covers programs receiving Federal financial assistance, title II extends to all the activities of State and local governments whether or not they receive Federal funds.
Private entities that operate public accommodations, such as hotels, restaurants, theaters, retail stores, dry cleaners, doctors' offices, amusement parks, and bowling alleys, are not covered by title II but are covered by title III of the ADA and the Department's regulation implementing title III.
Public transportation services operated by State and local governments are covered by regulations of the Department of Transportation.
DOT's regulations establish specific requirements for transportation vehicles and facilities, including a requirement that all new busses must be equipped to provide services to people who use wheelchairs.
II. Overview of Requirements
State and local governments --
May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability.
For example, a city may not refuse to allow a person with epilepsy to use parks and recreational facilities.
Must provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
Must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy their services, programs or ac Requirements that tend to screen out individuals with disabilities, such as requiring a driver's license as the only acceptable means of identification, are also prohibited.
Safety requirements that are necessary for the safe operation of the program in question, such as requirements for eligibility for drivers' licenses, may be imposed if they are based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
Are required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result.
For example, a city office building would be required to make an exception to a rule prohibiting animals in public areas in order to admit guide dogs and other service animals assisting individuals with disabilities.
Must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.
May provide special benefits, beyond those required by the regulation, to individuals with disabilities.
May not place special charges on individuals with disabilities to cover the costs of measures necessary to ensure nondiscriminatory treatment, such as making modifications required to provide program accessibility or providing qualified interpreters.
Shall operate their programs so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities.
III. "Qualified Individuals with Disabilities"
Title II of the Americans with Disabilities Act provides comprehensive civil rights protections for "qualified individuals with disabilities."
An "individual with a disability" is a person who --
Has a physical or mental impairment that substantially limits a "major life activity", or Has a record of such an impairment, or Is regarded as having such an impairment.
Examples of physical or mental impairments include, but are not limited to, such contagious and non-contagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV tivities unless "necessary" for the provisions of the service, program or activity.
disease (whether symptomatic or asymptotic), tuberculosis, drug addiction, and alcoholism. Homosexuality and bisexuality are not physical or mental impairments under the ADA.
"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Individuals who currently engage in the illegal use of drugs are not protected by the ADA when an action is taken on the basis of their current illegal use of drugs.
"Qualified" individuals.
A "qualified" individual with a disability is one who meets the essential eligibility requirements for the program or activity offered by a public entity.
The "essential eligibility requirements" will depend on the type of service or activity involved.
For some activities, such as State licensing programs, the ability to meet specific skill and performance requirements may be "essential."
For other activities, such as where the public entity provides information to anyone who requests it, the "essential eligibility requirements" would be minimal.
IV. Program Access
State and local governments--
Must ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible.
Need not remove physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility.
Can provide the services, programs, and activities offered in the facility to individuals with disabilities through alternative methods, if physical barriers are not removed, such as --
Relocating a service to an accessible facility, e.g., moving a public information office from the third floor to the first floor of a building.
Providing an aide or personal assistant to enable an individual with a disability to obtain the service.
Providing benefits or services at an individual's home, or at an alternative accessible site.
May not carry an individual with a disability as a method of providing program access, except in manifestly exceptional circumstances.
Are not required to take any action that would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens. However, public entities must take any other action, if available, that would not result in a fundamental alteration or undue burdens but would ensure that individuals with disabilities receive the benefits or services.
V. Integrated Programs
Integration of individuals with disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act.
Public entities may not provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure that the benefits and services are equally effective.
Even when separate programs are permitted, an individual with a disability still has the right to choose to participate in the regular program.
For example, it would not be a violation for a city to offer recreational programs specially designed for children with mobility impairments, but it would be a violation if the city refused to allow children with disabilities to participate in its other recreational programs.
State and local governments may not require an individual with a disability to accept a special accommodation or benefit if the individual chooses not to accept it.
VI. Communications
State and local governments must ensure effective communication with individuals with disabilities.
Where necessary to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others, the public entity must provide appropriate auxiliary aids.
"Auxiliary aids" include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TTY's/TDD's), videotext displays, readers, taped texts, Brailled materials, and large print materials.
A public entity may not charge an individual with a disability for the u Telephone emergency services, including 911 services, must provide direct access to individuals with speech or hearing impairments.
Public entities are not required to provide auxiliary aids that would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. However, public entities must still furnish another auxiliary aid, if available, that does not result in a fundamental alteration or undue burdens.
VII. New Construction and Alterations
Public entities must ensure that newly constructed buildings and facilities are free of architectural and communication barriers that restrict access or use by individuals with disabilities.
When a public entity undertakes alterations to an existing building, it must also ensure that the altered portions are accessible.
The ADA does not require retrofitting of existing buildings to eliminate barriers, but does establish a high standard of accessibility for new buildings.
Public entities may choose between two technical standards for accessible design: The Uniform Federal Accessibility Standard (UFAS), established under the Architectural Barriers Act, or the Americans with Disability Act Accessibility Guidelines, adopted by the Department of Justice for places of public accommodation and commercial facilities covered by title III of the ADA.
The elevator exemption for small buildings under ADA Accessibility Guidelines would not apply to public entities covered by title II.
VIII. Enforcement
Private parties may bring lawsuits to enforce their rights under title II of the ADA. The remedies available are the same as those provided under section 504 of the Rehabilitation Act of 1973. A reasonable attorney's fee may be awarded to the prevailing party.
Individuals may also file complaints with appropriate administrative agencies.
The regulation designates eight Federal agencies to handle complaints filed under title II.
Complains may also be filed with any Federal agency that provides financial assistance to the program in question, or with the Department of Justice, which will refer the complaint to the appropriate agency.
IX. Complaints
Any individual who believes that he or she is a victim of discrimination prohibited by the regulation may file a complaint. Complaints on behalf of classes of individuals are also permitted.
Complaints should be in writing, signed by the complainant or an authorized representative, and should contain the complainant’s name and address and describe the public entity's alleged discriminatory action.
Complaints may be sent to --
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
Complaints may also be sent to agencies designated to process complaints under the regulation, or to agencies that provide Federal financial assistance to the program in question.
X. Designated Agencies
The following agencies are designated for enforcement of title II for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas --
Department of Agriculture: Farming and the raising of livestock including extension services.
Department of Education: Education systems and institutions (other than health-related schools), and libraries.
Department of Health and Human Services: Schools of medicine, dentistry, nursing, and other health-related schools; health care and social service providers and institutions, including grass-roots and community services organizations and programs; and preschool and daycare programs.
Department of Housing and Urban Development: State and local public housing, and housing assistance and referral.
Department of Interior: Lands and natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums.
Department of Justice: Public safety, law enforcement, and the administration of justice, including courts and correctional institutions; commerce and industry, including banking and finance, consumer protection, and insurance; planning, development, and regulation (unless otherwise assigned); State and local government support services; and all other government functions not assigned to other designated agencies.
Department of Labor: Labor and the work force.
Department of Transportation: Transportation, including highways, public transportation, traffic management (non-law enforcement), automobile licensing and inspection, and driver licensing.
XI. Technical Assistance
The ADA requires that the Federal agencies responsible for issuing ADA regulations provide "technical assistance."
Technical assistance is the dissemination of information (either directly by the Department or through grants and contracts) to assist the public, including individuals protected by the ADA and entities covered by the ADA, in understanding the new law.
Methods of providing information include, for example, audio-visual materials, pamphlets, manuals, electronic bulletin boards, checklists, and training.
The Department issued for public comment on December 5, 1990, a government-wide plan for the provision of technical assistance.
The Department's efforts focus on raising public awareness of the ADA by providing--
Fact-sheets and pamphlets in accessible formats,
Speakers for workshops, seminars, classes, and conferences,
An ADA telephone information line, and
Access to ADA documents through an electronic bulletin board for users of personal computers.
The Department has established a comprehensive program of technical assistance relating to public accommodations and State and local governments. Grants will be awarded for projects to inform individuals with disabilities and covered entities about their rights and responsibilities under the ADA and to facilitate voluntary compliance.
The Department will issue a technical assistance manual by January 26, 1992, for individuals or entities with rights or duties under the ADA.
For additional ADA information, contact:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section, NYAV
Washington, D.C 20035-6738
(800) 514-0301 (Voice)
(800) 514-0383 (TDD)
www.ada.gov
U.S. Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
U.S. Department of Transportation
Federal Transit Administration
400 Seventh Street, SW
Washington, DC 20590
Federal Communications Commission
1919 M Street, NW
Washington, DC 20554
Architectural and Transportation Barriers Compliance Board
1331 F Street, NW Suite 1000
Washington, DC 20004-1111
Information is available in the following alternate formats for people with disabilities:
- Braille
- Large print
- Audiocassette
- Electronic file on computer disk.
Additional Resources
ADA Information Line
(800) 514-0301 (voice)
(800) 514-0383 (TTY)
www.usdoj.gov/crt/ada/adahom1.htm
Regional Disability and Business
Technical Assistance Centers
(800) 949-4232 (voice/TTY)
www.adata.org
ADA Standards For Accessible Design
U.S. Department of Justice
Appendix A of the Title III Regulation
www.usdoj.gov/cvt/ada/statspdf.htm
Americans with Disabilities for Democracy
http://www.americaforall.org
American Association of People with Disabilities (AAPD)
1819 H Street, N.W. Suite 330
Washington, D.C. 20006
Phone: 202-457-0046 (V/TTY)
E-mail: aapd@aol.com
www.aapd.com
American Council of the Blind
www.acb.org/washington/accessible-fact02.html
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463
Phone: 800-424-9530
Phone: 202-694-1100
Phone: 202-219-3336, TTY
E-mail: www.fec.gov
This is the official source on federal election regulations. The site also has a downloadable version of the National Mail Voter Registration Form, which is accepted in all states.
Federal Voting Assistance Program (FVAP)
Office of the Secretary of Defense
Washington Headquarters Services
1155 Defense Pentagon
Washington, D.C. 20301-1155
Phone: 800-438-8683
Fax: 703-588-0108
E-mail: vote@fvap.ncr.gov
www.fvap.ncr.gov
FVAP focuses on helping uniformed and overseas citizens to vote, but its site also contains information on regular absentee voting and has links to state election authorities.
Justice for All
http://www.jfanow.org
League of Women Voters
1730 M Street, N.W., Suite 1000
Washington, D.C. 20036-4508
Phone: 202-429-1965
Fax: 202-429-1965
E-mail: lwv@lwv.org
Web: www.lwv.org
Democracy Net: www.dnet.org
TheLeague of Women Voters encourages the informed and active participation of citizens in government. Visit their website to find a local affiliate in your area. Their Democracy Net web site, http://www.dnet.org provides information on candidates and issues.
National Coalition for the Homeless
1012 Fourteenth Street, N.W., Suite 600
Washington, D.C. 20005-3471
Phone: 202-737-6444
E-mail: info@nationalhomeless.org
Web: www.nationalhomeless.org
The National Coalition for the Homeless can provide information on ways to get out the vote among homeless citizens in your area.
National Mental Health Association
2001 North Beauregard Street, 12th Floor
Alexandria, VA 22311
Phone: 800-969-NMHA
Fax: 703-684-5968
Web: www.nmha.org
The National Mental Health Association provides briefings and position papers on key issues in mental health policy. Contact its affiliate in your area to learn about local advocacy initiatives or see:
The National Mental Health Voter Empowerment Project http://www.ncstac.org/content/projects/voter_emp.htm
National Organization on Disability
(865) 688-4929
Project Vote
88 3rd Avenue
Third Floor
Brooklyn, NY 11217
Phone: 800-546-VOTE (8683)
Web: www.projectvote.org
Project Vote registers and mobilizes low-income and minority citizens to vote.
Project Vote Smart
One Common Ground
Philipsburg, MT 59858
Phone: 406-859-8683
Phone: 888-VOTE-SMART
Fax: 406-859-8680
Web: www.vote-smart.org
Project Vote Smart conducts research and provides information on candidates and elected officials
The National Organization on Disability
910 16th Street N.W. Ste. 600
Washington, D.C. 20006
(202) 293-5960
Email: ability@nod.org
www.nod.org
The National Organization on Disability, celebrating its 20th anniversary in 2002, promotes the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life.
The National Mental Health VoterEmpowerment Project
http://www.ncstac.org/content/projects/voter_emp.htm
WomenVote
1211 Connecticut Avenue, N.W., Suite 504
Washington, D.C. 20036
Phone: 202-835-3713
Fax: 202-466-6195
Web: www.usavotenet.com
WomenVote works to increase turnout among women and particularly women of color. Its Web site, USAVoteNet, provides tips on effective voter outreach as well as information about many voter outreach organizations throughout the country.
