Dem
50
GOP
50
Reader S.S.-L. in Battle Creek, MI is closely involved with the National Federation of the Blind, and with various efforts related to voting. S.S.-L. sent us some information that may be of interest to readers, and so we wanted to pass it along:
A number of Blind and print-disabled voters have inquired about accessible voting in their states over the years. Please be aware that various federal laws require voting to be accessible to voters with disabilities, the most relevant being the Help America Vote Act of 2002 ("HAVA"). Among other things, HAVA requires accessible ballot marking devices to be usable at all polling locations. There are several such devices counties can choose from, all of which come equipped with screen-readers, headphones, and tactile controls.
Unfortunately, poll workers often lack training in such devices, the devices aren't plugged in, are malfunctioning, etc. We who rely on these options have a number of options when accessible ballot marking devices aren't ready for us when we arrive. If we have the time, we can wait for the poll workers to call the manufacturer's helpdesk to diagnose and treat the problem. If we don't have the time, we can leave and return later, request to use a different polling location, or receive assistance from an individual of our choosing (though the latter obviously compromises our right to a private ballot.) In some locations, the reality is that using an accessible ballot device may compromise your right to a private ballot in the first place, due to the differences in size and formatting from standard ballots. This is less of a concern if you can persuade your friends and family to use the device, as well.
Speaking of, you do not need to be disabled to use the accessible voting machines. Able-bodied people may find them convenient due to their shorter lines, streamlined format, and safeguards against accidentally skipping or double-marking selections. It's also true that the more of us who use them, the more likely it is that they'll be set up properly in the future. Poll workers are absolutely not allowed to ask about your disability status or even so much as hint that you're inconveniencing them by choosing to use an accessible machine. They also may not force you to call ahead, accept assistance of some kind, or in any way impinge your right to a private and accessible voting experience.
These rules are the same whether you choose to vote on Election Day or you'd prefer to vote early. If an able-bodied person can vote, then you can, too. Neither administrative inconvenience nor incompetence are affirmative defenses to the law.
There is also a growing number of states in which accessible electronic absentee ballots are available upon request. These are digital ballots that you can receive via e-mail or other electronic means, mark using your own access technology, and return either by paper mail or, in some states, from your home computer. Note that although the discussion of cybersecurity is a conversation for another time, federal law is clear: If military and overseas voters can use it, then so can we.
The table below shows the list of states and whether they have accessible, electronic ballot delivery to voters; whether they have accessible, electronic ballot return; and whether they offer electronic ballot return for military and overseas voters.
State Acc. El. Delivery? Acc. El. Return? El. Return for Mil./Overseas? E-Permitted Return Methods AL Yes No Yes Portal AK Yes Yes Yes Fax AZ Yes No Yes Portal AR No No No CA Yes No Yes Fax CO Yes Yes Yes Portal CT Yes No No DE Yes Yes Yes FL Yes No Yes Fax GA No No No HI Yes Yes Yes ID No No No IL Yes No No IN Yes Yes Yes IA No No Yes KS No No Yes KY Yes No No LA Yes Yes Yes Fax ME Yes Yes Yes MD Yes No No MA Yes Yes Yes E-mail/Mobile Voting MI Yes No Yes MN No No No MS No No Yes MO No No Yes MT Yes No Yes NE No No Yes NV Yes Yes Yes NH Yes No No NJ Yes No Yes NM Yes No Yes NY Yes No No NC Yes Yes Yes Portal ND Yes Yes Yes Portal OH Yes No No OK Yes No Yes Fax OR Yes No Yes PA Yes No No RI Yes Yes Yes SC No No Yes SD No No No TN Yes No No TX Yes No Yes Fax UT Yes Yes Yes VT Yes No No Portal VA Yes No No WA Yes No Yes WV Yes Yes Yes Mobile WI No No No WY No No No DC Yes Yes Yes USVI No No Yes
Finally, the National Federation of the Blind has a hotline you can call if you have questions about your civil rights generally or voting specifically. NFB Legal can be reached by phone at (410) 659-9314, x2440 or by e-mail at Legal@nfb.org
Thanks, S.S.-L.! If any readers have questions, or have additional resources to recommend, please do send a message to questions@electoral-vote.com, and we'll make sure the information gets to the right place. (Z)
Note by (V): As an overseas voter and security guy I am appalled at using insecure email for returning ballots. There has to be a better way. For example, overseas voters could use the local mail system to return ballots to the American embassy (or consulate) in their country. Then the embassy could use diplomatic mailing procedures to securely send each day's batch of ballots to a government receiving office (or offices, one in each time zone) for further distribution to the correct state elections office.