Both parties concede that the VAEH does not apply to non-federal elections. The ADA precludes defendants from discriminating against disabled voters in either federal or non-federal elections. The VAEH procedures are a reasonable modification under the ADA to avoid discrimination based on disability. There is no federal legal impediment to implementing the VAEH procedures in non-federal elections. An appropriate order follows.
Judgment is entered in favor of defendants.
This case is marked administratively closed. Norma L. Shapiro, J 1. The Commonwealth also extends the absentee ballot procedures to other electors. Congress has broad remedial power under the Fourteenth Amendment to eliminate discrimination. If Congress has the power under the Fourteenth Amendment to apply the ADA to state and local elections, it would also have the power to apply the VAEH to non-federal elections.