Holding federal elections in the United States is a massive enterprise, administered primarily at the local level. On federal Election Day, millions of voters across the country visit polling places, which are located in schools, recreation centers, churches, various government buildings, and even private homes. For the 2008 federal election, state and local election officials recruited and trained about 2 million poll workers across the country. Generally, each of the 50 states, the District of Columbia, and U.S. territories also play a role in elections, by establishing election laws and policies for their respective election jurisdictions. 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. These federal laws collectively address two issues that are essential to ensuring that voters with disabilities can go to polling places and cast their ballots independently and privately as do nondisabled voters. These two issues are physical access and voting systems that enable people with disabilities to cast a private and independent vote. In 1984, Congress enacted VAEHA, which required political subdivisions responsible for conducting elections to ensure that all polling places for federal elections are accessible to elderly voters and voters with disabilities, with limited exceptions. One such exception occurs when the chief election officer of the state determines that no accessible polling places are available in a political subdivision, and that officer ensures that any elderly voter or voter with a disability assigned to an inaccessible polling place will, upon advance request, either be assigned to an accessible polling place or will be provided with an alternative means to cast a ballot on the day of the election. Under the VAEHA, the definition of “accessible” is determined under guidelines established by the state’s chief election officer, but the law does not specify standards or minimum requirements for those guidelines. Additionally, states are required to make available voting aids for elderly voters and voters with disabilities, including instructions printed in large type at each polling place and information by telecommunications devices for the deaf. Title II of the Americans with Disabilities Act of 1990 (ADA) also contains 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. Although the ADA does not strictly require all polling places to be accessible, public entities must 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 comply with ADA accessibility requirements in a variety of ways, such as redesigning equipment, reassigning services to accessible buildings or alternative accessible sites, or altering existing facilities or constructing new ones. However, state and local governments are not required to take actions that would threaten the historical significance of a historic property, fundamentally alter the nature of a service, or impose any undue financial and administrative burdens. Moreover, a public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance. Title III of the ADA covers commercial facilities and places of public accommodation, such as private schools and privately operated recreational centers 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. When the removal of an architectural barrier cannot be accomplished easily, the entity may take alternative measures to facilitate accessibility. All buildings newly constructed by public accommodations and commercial facilities must be readily accessible, and any alterations to an existing building are required, to the maximum extent feasible, to be readily accessible to people with disabilities, including those who use wheelchairs. The Voting Rights Act of 1965, as amended, provides for voter assistance in the voting room. Specifically, the Voting Rights Act, among other things, authorizes voting assistance for blind, disabled, or illiterate persons. Voters who require assistance to vote by reason of blindness, disability, or the inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union. Most recently, Congress passed HAVA, which contains a number of provisions to help increase the accessibility of voting for people with disabilities. In particular, section 301(a) of HAVA outlines minimum standards for voting systems used in federal elections. This 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 established the EAC as an agency with wide-ranging duties to help improve state and local administration of federal elections. Among other things, the EAC is responsible for (1) providing voluntary guidance to states implementing certain HAVA provisions; (2) serving as a national clearinghouse of election-related information and a resource for information with respect to the administration of federal elections; (3) providing for the certification of voting systems; and (4) periodically conducting and making publicly available studies regarding methods of ensuring accessibility of voting, polling places, and voting equipment to all voters, including people with disabilities. The EAC also makes grants for the research and development of new voting equipment and technologies and the improvement of voting systems. Furthermore, HAVA requires the Secretary of HHS to make yearly payments to each eligible state and unit of local government to be used for (1) making polling places accessible for people with disabilities and (2) providing people with disabilities with information on accessible polling places. HAVA vests enforcement authority with the U.S. 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. These requirements pertain to HAVA voting system standards, provisional voting and voting information, the computerized statewide voter registration list, and voter registration by mail. The Voting Section, within Justice’s Civil Rights Division, is responsible for enforcement of civil provisions of federal voting laws, such as HAVA. The Voting Section’s internal process for initiating HAVA-related matters and cases consists of four phases: initiation, investigation, complaint justification, and litigation. See appendix III for an overview of this internal process. The Disability Rights Section, also within the Civil Rights Division, is primarily responsible for protecting the rights of persons with disabilities under the ADA, which includes ensuring that people with disabilities have access to basic services, such as voting. Providing an accessible voting system encompasses both the voting method and the operation of the system. In terms of the voting method, HAVA specifically identifies direct recording electronic systems to facilitate voting for people with disabilities or other voting systems equipped for people with disabilities. For the most part, these systems are electronic machines or devices equipped with features to assist voters with disabilities. A brief description of these types of systems follows. Direct Recording Electronic (DRE) Devices. DRE devices capture votes electronically (see fig. 1). These devices come in two basic models: push button or touch screen. DRE ballots are marked by a voter pressing a button or touching a screen that highlights the selected candidate’s name or an issue. Voters can change their selections until they select the final “vote” button or screen, which casts their vote. These devices can be equipped with such features as an audio ballot and audio voting instructions for the blind. Ballot Marking Devices. These devices use electronic technology to mark an optical scan ballot at voter direction, interpret the ballot selections, communicate the interpretation for voter verification, and then print a voter-verified ballot. A ballot marking device integrates components such as an optical scanner, printer, touch-screen monitor, and a navigational keypad (see fig. 2). Voters use the device’s accessible interface to record their choices on a paper or digital ballot. For example, voters with visual impairments will use an audio interface as well as a Braille keypad to make a selection. Voters who prefer to vote in an alternate language can also utilize the audio interface. Voters with disabilities can make their selection using a foot-pedal or a sip-and-puff device. Vote-by-Phone. Vote-by-phone systems use electronic technology to mark paper ballots. This system is made up of a standard touch-tone telephone and a printer (see fig. 3). When voters call from a polling place to connect to the system, the ballot is read to the voters who then make choices using the telephone keypad. The system then prints out a paper ballot at either a central location (central print) or a polling site (fax print). Central print ballots are read back to the voter over the telephone for verification, after which the voter can decide to cast the ballot or discard it and revote. Fax print ballots produce a physical ballot at the polling place for the voter to review, verify, and cast in a ballot box. Regarding accessible voting system operation, HAVA specifies that the voting system must be accessible for people with disabilities, in a manner that provides the same opportunity for access and participation as is provided for other voters. The operation of the voting system is the responsibility of local election officials at individual polling places. For the voting system to be accessible, the system should be turned on, equipped with special features such as ear phones, set up to accommodate voters using wheelchairs, and positioned in a way to provide the same level of privacy as is afforded to other voters.