Increased access but persistent problems for voters with disabilities

Study shows obstructed polling place entrances, privacy concerns continue

By Kat Zambon

A new report by the Government Accountability Office (GAO) found that polling place accessibility for voters with disabilities improved significantly since 2000. In the 2008 election, researchers found that about 27 percent of polls "had no features that might impede access to the voting area for people with disabilities" compared to 16 percent in 2000.

States were required to comply with the Help America Vote Act of 2002, which requires the presence of at least one voting system accessible for voters with disabilities in federal elections in all polling places by Jan. 1, 2006. On Election Day 2008, GAO staff visited 730 randomly selected polling places in 79 counties and 31 states for observation and to interview election officials.

Virtually all polling places visited in 2008 had an accessible voting system, most frequently the AutoMARK or Premier's Accuvote, which allowed people with disabilities to cast ballots privately and independently. However, almost 5 percent of polls "had an accessible voting machine that was not set up and powered on."

"In 2000 the country had a failing grade on accessibility," Jim Dickson, American Association of People with Disabilities (AAPD) Organizing and Civic Engagement vice president said. "[In 2008] I say we got a B- … There are still millions of people who can't vote privately and independently but [there have been] big improvements." Dickson was recently elected to chair the U.S. Election Assistance Commission (EAC) board of advisors.

Many voters with disabilities may have had their access to the polls obstructed before they even got in the door. More than 50 percent of polling places "had one or more potential impediments on the path from the parking lot to the building entrance," such as a steep wheelchair ramp. In 2008, 25 percent of polling places had potential impediments at entrances, such as a narrow doorway, compared to 59 percent in 2000.

Despite HAVA, some jurisdictions refuse to move polls, saying there's no accessible place available or that voters won't know where to go, Lee Page, Paralyzed Veterans of America associate advocacy director told the Associated Press, forcing voters with disabilities to vote absentee, be reassigned to a different jurisdiction or have the ballot brought out to them.

"You want to vote with everyone else at your jurisdiction because it's ... part of the community," Page said.

At about 29 percent of polls, voting stations intended for voters with disabilities were not arranged to accommodate a wheelchair and about 23 percent of stations were arranged in a way that allowed others to see how voters were casting their ballots while 77 percent of polls offered the same or more privacy for all voters, including those with disabilities.

"As the proportion of older Americans increases, the number of voters who may face challenges exercising their right to vote due to mobility and other impairments could grow," the report said. In 2008, 16 percent of voters were 65 years or older while 40 percent of voters will be at least 65 years old in 2040.

The report is the first of three reports that will be released by GAO related to voters with disabilities. A report on state practices that facilitate access and the Justice Department's enforcement of HAVA's voting access provisions will be released in September and a report on voting practices for long-term care facility residents is expected from GAO in November.

Sen. Herb Kohl, D-Wis., Senate Special Committee on Aging chair was part of the group of senators that requested the report. "There is no doubt that progress has been made since the last time GAO looked at this issue, but with 73 percent of polling places still not fully accessible, we are a far cry from where we need to be," Kohl said in a release.

"My son voted for the first time [in 2008] and he has a disability and he didn't have any problems," Sue Hetrick, Ability Center of Greater Toldeo public policy director said. "He didn't vote on every candidate or issue, nor did I, but he knew going in what he wanted to do," she said. "I really expected a problem going in … and I was pleasantly surprised."

Even though the numbers are getting better, there is still more work to be done and many counties are working on a variety of ways to meet the needs of all of their voters.

While a 2003 survey found that only seven polls in Duval County, Fla. were accessible, all of the county's polls were completely accessible in time for the November 2008 election. When Jerry Holland became elections supervisor in 2005, all polling places were reevaluated for accessibility and made compliant with the Americans with Disabilities Act.

Sharon Harrington, elections supervisor for Lee County, Fla. is organizing a Special Needs Voters' Panel with representatives from the state, visually impaired persons center, Lee County Associates for Retarded Citizens and the sheriff's department. "Partnering with these organizations to create this panel will help ensure us to achieve our goal to provide every individual equal opportunity to cast their vote," Harrington said.

In Arkansas, the St. Francis County Election Commission planned to apply for a grant to make polling places more accessible. For example, one poll has handicapped parking spaces but no signs while another doesn't have paved parking, handicapped spaces or an ADA-approved door handle.

This November, voters with disabilities in Westmoreland County, Penn. will be able to ring a bell in the parking lot to let poll workers know they need assistance at 69 out of the county's 303 precincts, thanks to a $38,000 wireless alert system. "We need to keep up with the (federal) guidelines, and a lot of our polling places don't meet the ADA requirements," Jim Montini, elections bureau director said. "We try our best to find accessible polling places, but it's a difficult task."

Despite the efforts though, voters with disabilities still regularly experience problems when they physically access the polls including parking, the voting machines themselves and poorly trained poll workers, Hetrick said, referencing a 2008 study by The Ohio State University that found that only 10 percent of polls in Franklin County, Ohio were fully accessible.

"People [with disabilities] should be able to go to the polls and vote if they want to," she said. "They shouldn't run into any more impediments than anyone else would."