The Right to Participate in Political and Public Life by Persons with Disabilities – 

Illustrations of Implementation from the United States – Quick Reference 

National Council on Disability 

1331 F Street, NW, Suite 850 

Washington, DC 20004 

202-272-2004 Voice 

202-272-2074 TTY 

202-272-2022 Fax 

Lex Frieden, Chairperson 

Publication date: August 2, 2005 

This paper provides examples of the implementation of U.S. disability laws pertaining to 

participation in political and public life. A more detailed description is provided in the 

attached policy paper. 

The Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) 

requires that federal election polling places and voter registration facilities are accessible 

to individuals with disabilities. The U.S. Congress later enacted the National Voter 

Registration Act of 1993 (NVRA), which, although does not specifically mention 

individuals with disabilities, does seek to increase the number of voters, including 

requiring assistance be given to individuals in completing voter registration forms. The 

Help America Vote Act of 2002 (HAVA) also contains provisions that affect individuals 

with disabilities. The statute provides federal funding for replacing outdated voting 

technology and for making available technologies that are uniform and accessible to 

individuals with disabilities. 

• Physical Barriers 

Federal law and regulations require modifications to the physical environment, 

which include ensuring that parking spaces, sidewalks, and entrances at polling 

places are accessible, and providing accessible and private voting booths so that 

individuals may vote independently. 

• Informational Barriers 

Federal law and regulations also require accessible voting information. These 

modifications include providing aids to assist individuals at polling places and 

registration facilities and providing information regarding the availability of aids 

and assistance to the elderly and individuals with disabilities prior to election day. 
• Attitudinal Barriers: 

 In order to receive federal funding under HAVA, states must train polling place 

workers to effectively assist individuals with disabilities. 

In addition, federal agencies have implemented several safeguards to help ensure that 

individuals with disabilities are able to participate in the political process. 

• Technical Assistance 

The Department of Justice (DOJ) has several means of assisting states in 

providing meaningful access. DOJ has produced several handbooks on VAEHA 

compliance in providing accessible polling places and has created a website 

containing these handbooks. DOJ also conducts presentations for state election 

officials to assist them in complying with federal law. 

• Compliance Monitoring 

Under VAEHA, state election officials must provide a report to the Federal 

Election Commission (FEC) every two years regarding the number of accessible 

and inaccessible polling places within the state. The FEC, in turn, compiles the 

information in a report to Congress. 

 

• Enforcement 

The VAEHA, NVRA, and HAVA are enforced by the Department of Justice, 

which may bring legal action against an entity for non-compliance. Individuals 

may also bring a private cause of action in the courts.