Voters with Disabilities: Challenges to Voting Accessibility
Released: 2013-04-23T00:00:00

Letter

Background

Limited Federal Role in Administering Elections

The administration of federal elections is a massive enterprise, conducted primarily at the state and local level, under applicable state and federal voting laws. Responsibility for holding elections and ensuring that each voter has the ability to fully participate in the electoral process—including registering to vote, accessing polling places or alternative voting methods, and casting a vote—primarily rests with state and local governments. While federal elections are generally conducted under state laws and policies, several federal laws apply to voting and some provisions specifically address accessibility issues for voters with disabilities, including the Americans with Disabilities Act of 1990 (ADA) and HAVA.

Americans with Disabilities Act of 1990

Title II and III of the ADA contain provisions that help increase the accessibility of voting for individuals with disabilities. Specifically, Title II and its implementing regulations require that people with disabilities have access to basic public services, including the right to vote. The ADA requires that public entities make reasonable modifications in policies, practices, or procedures to avoid discrimination against people with disabilities. Moreover, no person with a disability may, by reason of disability, be excluded from participating in or be denied the benefits of any public program, service, or activity. State and local governments may generally comply with ADA accessibility requirements in a variety of ways, such as reassigning services to accessible buildings or alternative Title III of the ADA generally covers commercial accessible sites.facilities and places of public accommodation that may also be used as polling places. Public accommodations must make reasonable modifications in policies, practices, or procedures to facilitate access for people with disabilities. These facilities are also required to remove physical barriers in existing buildings when it is “readily achievable” to do so; that is, when the removal can be done without much difficulty or expense, given the entity’s resources.

Help America Vote Act of 2002

HAVA, which contains a number of provisions to help increase voting accessibility for people with disabilities, establishes the Election Assistance Commission (EAC) and grants the Attorney General enforcement authority. In particular, section 301(a) of HAVA outlines This minimum standards for voting systems used in federal elections.section specifically states that the voting system must be accessible for people with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation as is provided for other voters. To satisfy this requirement, each polling place must have at least one direct recording electronic or other voting system equipped for people with disabilities.

HAVA also established the EAC as an agency with wide-ranging duties to help improve state and local administration of federal elections, including providing voluntary state guidance on implementing HAVA provisions. The EAC also has authority to make grants for the research and development of new voting equipment and technologies and the improvement of voting systems. Additionally, HAVA vests enforcement authority with the Attorney General to bring a civil action against any state or jurisdiction as may be necessary to carry out specified uniform and nondiscriminatory election technology and administration requirements under HAVA.

Characteristics of Long- term Care Facility Residents

As the proportion of older Americans in the country increases, the number of voters residing in long-term care facilities who may face challenges voting at polling places on Election Day due to their physical and mental condition could also increase. By 2030, those aged 65 and over are projected to grow to more than 72 million individuals and represent a quarter of the voting age population. Older voters, who consistently vote in higher proportions than other voters, may face challenges exercising their right to vote because disability increases with age. Moreover, it is estimated that 70 percent of people over age 65 will require some long- term care services at some point in their lives, such as residing in a nursing home or assisted living facility. The physical and cognitive impairments of many long-term care facility residents may make it more difficult for them to independently drive, walk, or use public transportation to get to their designated polling place. Once at the polling place, they may face challenges finding accessible parking, reaching the ballot area, and casting a ballot privately and independently.

Recent GAO Election Reports

We recently issued two reports on elections in which the findings may have implications for voters with disabilities. Specifically, in 2012, we issued a report examining state laws addressing voter registration and voting on or before Election Day. In the report, we found that states had been active in the past 10 years in amending their election codes, regulations, and procedures, not only to incorporate requirements mandated by HAVA, but also in making substantive changes to their laws in the areas of voter identification, early voting, and requirements for third- party voter registration organizations. We found that states had a variety of identification requirements for voters when they register to vote, vote at the polls on Election Day, and seek to cast an absentee ballot by mail that were in effect for the November 2012 election. Specifically, while voter identification requirements varied in flexibility, the number and type of documents allowed, and alternatives available for verifying identity, 31 states had requirements for all eligible voters to show identification at the polls on Election Day. We also found that most states had also established alternatives for voters to cast a ballot other than at the polls on Election Day. Thirty-five states and the District of Columbia provided an opportunity for voters to cast a ballot prior to the election without an excuse, either by no-excuse absentee voting by mail or in-person early voting, or both. States also regulated the process by which voters registered to vote and had a variety of requirements that address third- party voter registration organizations that conduct voter registration drives.

In addition, in 2012, we issued a report looking at the potential implementation of weekend voting and similar alternative voting methods. In the report, we found that in the 2010 general election, 35 states and the District provided voters at least one alternative to casting their ballot on Election Day through in-person early voting, no-excuse absentee voting, or voting by mail. However, state and local election officials we interviewed identified challenges they would anticipate facing in planning and conducting Election Day activities on weekends— specifically, finding poll workers and polling places, and securing ballots and voting equipment—and expected cost increases. Specifically, officials in 14 of the 17 jurisdictions and the District expected that at least some of the polling places they used in past elections—such as churches—would not be available for a weekend election, and anticipated difficulty finding replacements. Additionally, officials in 5 of the 7 states and the District that conducted early voting and provided security over multiple days explained that the level of planning needed for overnight security for a weekend election would far surpass that of early voting due to the greater number and variety of Election Day polling places. For example, officials in one state said that for the 2010 general election, the state had fewer than 300 early voting sites—which were selected to ensure security— compared to more than 2,750 polling places on Election Day, which are generally selected based on availability and proximity to voters.

The Proportion of Polling Places Without Potential Impediments Increased Between the 2000 and 2008 Elections

In comparison to our findings in 2000, the proportion of polling places with no potential impediments increased in 2008. In 2008, we estimated that 27 percent of polling places had no potential impediments in the path from the parking area to the voting area—up from 16 percent in 2000. Specifically, polling places with four or more potential impediments decreased significantly—from 29 percent in 2000 to 16 percent in 2008 (see fig. 1). Potential impediments included a lack of accessible parking and obstacles en route from the parking area to the voting area.

Figure 2 shows some key polling place features that we examined in our 2008 review of polling places. These features primarily affect individuals with mobility impairments, in particular voters using wheelchairs.

Similar to our findings in 2000, the majority of potential impediments at polling places in 2008 occurred outside of or at the building entrance, although improvements were made in some areas. In particular, the percentage of polling places with potential impediments at the building entrance dropped sharply—from 59 percent in 2000 to 25 percent in 2008. In addition, polling places made significant gains in providing designated parking for people with disabilities, which decreased from 32 percent with no designated parking in 2000 to only 3 percent in 2008 (see fig. 3).ramps or curb cuts in the parking area, unpaved or poor surfaces in the path from the parking lot or route to the building entrance, and door thresholds exceeding ½ inch in height.

We did not assess polling places’ legal compliance with HAVA accessible voting system requirements. For our 2008 Election Day data collection instrument, we compiled a list of commonly known accessible voting machines by consulting with disability experts and others.

Justice Assessed States’ Implementation of HAVA Requirements for the 2006 Deadline, but Its Oversight Had Some Gaps

Justice’s Outreach, Guidance, and Oversight

From shortly after the passage of HAVA until 2006, Justice officials provided educational outreach and guidance on polling place accessibility and conducted an initial assessment of states’ compliance with HAVA’s January 2006 deadline for accessible voting systems.guidance on the new HAVA voting system requirements while the EAC Justice provided was being formed. During this time, Justice officials said they made a considerable effort to educate state and local election officials and national organizations representing election officials and people with disabilities on HAVA voting system requirements. As part of these early efforts, Justice provided guidance to poll workers on how to assess and create a physically accessible polling place. Specifically, in 2004, Justice published the Americans with Disabilities Act: ADA Checklist for Polling Places, which provided information to voting officials on key accessibility features needed by most voters with disabilities to go from the parking area to the voting area. According to our survey, 34 states found the checklist to be moderately to very helpful. While the checklist provides limited guidance on accessibility features within the voting area, it does not provide information about the configuration of the voting system. In addition to early guidance, Justice also conducted an initial assessment of states’ progress toward meeting the January 2006 deadline for compliance with HAVA voting system requirements. For example, in 2003, Justice sent letters to state election officials summarizing HAVA voting system requirements. Justice later followed up with letters in 2005 and 2006, which outlined HAVA voting system requirements, and asked states to respond to a series of questions to help gauge whether every polling place in the state had at least one accessible voting machine and whether poll workers were trained in the machine’s operation. Finally, with the full implementation of HAVA in 2006, the EAC took over Justice’s state educational outreach and guidance efforts.

Justice’s limited oversight of HAVA voting system requirements and polling place accessibility, by 2009, left gaps in ensuring voting accessibility for people with disabilities. For example, Justice supervised polling place observations for federal elections on Election Day 2008, primarily to assess compliance with the Voting Rights Act of 1965. However, Justice did not systematically assess the physical accessibility of the polling places or the level of privacy and independence provided to people with disabilities by the accessible voting system, which limited the department’s ability to identify potential accessibility issues facing voters with disabilities. In addition, Justice initiated a small number of annual community assessments—called Civic Access assessments—of ADA compliance in public buildings, including buildings designated as polling places, but these assessments included a small portion of polling places nationwide and were generally not conducted on Election Day. According to Justice, these assessments could be resource-intensive, which, in part, may have limited the number that the department could complete in a given year. Justice initiated Civic Access assessments for three communities in calendar year 2008. When onsite reviews identified physical barriers and impediments for people with disabilities, Justice generally negotiated and entered into a settlement agreement with the election jurisdiction. Between 2000 and 2008, Justice entered into 69 Civic Access settlement agreements containing one or more recommendations aimed at polling place provisions, but given the small number of Civic Access assessments conducted annually, they did not provide a national perspective on polling place accessibility. In addition, since these assessments were not conducted during elections, they did not assess any special features of voting areas and accessible voting systems that are set up only on Election Day.

Implementation of Recommended Monitoring and Oversight Would Reduce Potential Voting Impediments and Other Challenges

In our 2009 report on polling place accessibility, we recommended that the Department of Justice look for opportunities to expand its monitoring and oversight of the accessibility of polling places for people with disabilities in a cost-effective manner. This effort might include: working with states to use existing state oversight mechanisms and using other resources, such as organizations representing election officials and disability advocacy organizations, to help assess and monitor states’ progress in ensuring polling place accessibility, similar to the effort used to determine state compliance with HAVA voting system requirements by the 2006 deadline; expanding the scope of Election Day observations to include an assessment of the physical access to the voting area and the level of privacy and independence being offered to voters with disabilities by accessible voting systems; and expanding the Americans with Disabilities Act: ADA Checklist of Polling Places to include additional information on the accessibility of the voting area and guidance on the configuration of the accessible voting system to provide voters with disabilities with the same level of privacy and independence as is afforded to other voters.

Justice generally agreed with this recommendation in commenting on the draft report, and when we reached out for an update in preparation of this testimony, indicated it has taken steps towards addressing the recommendation. For example, Justice noted that it has entered into settlements—with Philadelphia, Pennsylvania, in 2009 and Flint, Michigan, in 2012—to resolve allegations of inaccessible polling places. In addition, Justice stated that it has expanded the scope of Election Day observations to include an assessment of the physical accessibility of polling places, citing its monitoring of 240 polling places in about 28 jurisdictions for the 2012 general election. However, Justice did not indicate whether its expanded Election Day observations include assessing privacy and independence provided by accessible voting systems. Further, it does not appear at this time that Justice has taken action to expand the scope of the ADA Checklist for Polling Places to include additional information on the accessibility of the voting area and guidance on the configuration of the accessible voting system. We believe that expanding these additional steps could build upon Justice’s efforts to date in potentially reducing voting impediments and other challenges for voters with disabilities.

Mr. Chairman, this concludes my statement. I would be pleased to respond to any questions you or other Members of the Council may have.

GAO Contact and Staff and Acknowledgements

Further information about this statement, please contact Barbara Bovbjerg at (202) 512-7215 or bovbjergb@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this testimony. Other key contributors to this statement include: Brett Fallavollita, Assistant Director; David Lin; Ryan Siegel; and Amber Yancey-Carroll. Additional contributions were made by David Alexander, Orin Atwater, Rebecca Gambler, Alex Galuten, Tom Jessor; Kathy Leslie, Mimi Nguyen, Barbara Stolz, Janet Temko, Jeff Tessin, and Walter Vance.

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