POWER OF THE DISABILITY VOTE VOTERS WITH DISABILITIES More than 35 million Americans with disabilities are eligible to vote. But only 15 million do vote. That means 20 million people with disabilities are not voting. Their votes could have a big impact on who is elected and on policies that affect people. •Your ideas are important •Your vote counts •Express yourself •Voting is vital to democracy •Voting is vital to democracy •Voting is the key to change •Voting is all-American •Voting is your right REGISTER TO VOTE!!! EVERYONE HAS THREE OPTIONS TO VOTE: •Vote-by-mail •Vote-by-paper Ballot •Vote with Accessible Machine NOT EVERYONE CAN VOTE SECRETLY AND INDEPENDENTLY BY MAIL •Dexterity impairments •Visual impairments •Learning impairments A SECRET BALLOT IS YOUR RIGHT!!! The California Constitution: • The California Constitution says voting must be done in secret. California Constitution, Art. II § 7 YOU HAVE THE RIGHT TO A BALLOT WHICH IS ACCESSIBLE TO YOU! YOU HAVE THE RIGHT TO VOTE INDEPENDENTLY! FEDERAL AND STATE LAWS THAT PROTECT VOTERS WITH DISABILITIES Help America Vote Act (HAVA) HAVA, the Help America Vote Act of 2002, sets the rules for voting systems in federal elections. These rules include making sure voting systems are accessible for voters with disabilities. Accessible means that the voting system is easy to use privately and independently. 42 USC § 15301, et seq. OTHER FEDERAL LAWS PROTECTING VOTERS WITH DISABILITIES • American with Disabilities Act (ADA) of 1990 42 USC § 12101, et seq. • Voting Accessibility for the Elderly and Handicapped Act (VAEHA) of 1984 42 USC § 1973 (ee), et seq. Federal Standards for Electronic Voting Systems Deaf and hard of hearing voters want access to the same information provided to other voters. In most cases, this mean information should be presented visually as well as verbally. ANNOUNCEMENTS Poll workers sometimes make announcements, such as directing voters to stand in a particular line, announcing the time polls close, or providing other information. Whenever verbal announcements are made, the same information should be provided visually. CURBSIDE VOTING If a polling place is not accessible to people with disabilities: • A poll worker must bring a regular ballot to a person with disabilities outside of the polling place (e.g., parking lot or sidewalk). • If it is impracticable to bring the ballot to the person with disabilities, the poll worker must bring a vote by mail ballot to the person with disabilities. California Election Code Sec. 14282(c). ASSISTING VOTERS WITH DISABILITIES • Voters with disabilities may have anybody to assist them with voting, except for their employer, an agent for their employer, a member of their union. California Election Code Sec. 14282(a) • A voter with disabilities may have no more than two persons assist him or her to vote (including poll workers). California Elections Code 14282(a). • A person assisting a person with disabilities to vote must keep all information about the person’s choices confidential. SERVICE ANIMALS • Some individuals are accompanied by a service animal. • Under federal anti-discrimination laws, polling places must permit these service animals to accompany a person with a disability. (28 CFR Sec. 35.130(b)(7)). REGISTER TO VOTE!!! DEADLINE TO REGISTER IS OCTOBER 20, 2014 DISABILITY RIGHTS CALIFORNIA ELECTION DAY HOTLINE NOVEMBER 4, 2014 7:00 AM TO 8:00 PM 1-800-569-7955