Order does not take into account that people living with disabilities are unable to independently access mail-in ballots
FOR IMMEDIATE RELEASE
April 21, 2020
Contact:
Gregg Kelley, Washington Lawyers’ Committee for Civil Rights and Urban Affairs
[email protected], 202-319-1070
Washington, D.C. – As States respond to the challenges in voting that are created by COVID-19, proposed solutions are placing at risk the ability of many persons with disabilities to vote privately and independently. The use of paper ballots without the availability of an accessible on-line voting tool means that persons with disabilities will require help to vote. New York has adopted a paper-only absentee ballot system. In response, the disability advocacy organizations American Council of the Blind (ACB), American Council of the Blind of New York (ACBNY), the National Center on Independent Living (NCIL), the New York Association on Independent Living (NYAIL), along with Ian Foley and Kerri Regan, as individuals and self-advocates, filed a complaint with Disability Rights Section of the Civil Rights Division of the United States Department of Justice challenging Governor Cuomo’s executive order 202.15 because the order fails to provide persons with disabilities equal access to a private, independent opportunity to vote, as required by federal law. The claimants are represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
“We applaud the Governor Cuomo for initiating a response to address the COVID-19 crisis and the need for his constituents to vote in upcoming elections,” said Margaret Hart, counsel at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “However, mail-in absentee voting is not a one-size-fits-all solution. Many people living with disabilities are unable to vote privately and independently in this manner. You would not ask someone to accompany a person with a disability into a voting booth, but that is what the mail-in procedure does for many of New York’s citizens. Worse yet, not voting at all because of the inability to do so disenfranchises a significant percentage of New York residents. The same is true in any state that only provides a mail-in option for absentee voting. On-line accessible options are available and are in use in other States. There is no reason New York cannot provide its residents with such an available accommodation.”
No voter should have to risk his/her health, and, potentially, their life, to participate in our democracy. Unfortunately, New York State has failed to ensure that there will be an accessible absentee ballot option that allows voters with disabilities to privately and independently receive, complete, and return their ballot from their residences. Section 8-410 of New York’s Code requires a voter to mark an absentee ballot on paper ballots. To complete a paper ballot one is required to, at the least, read standard text, physically write and/or fill in the ballot choices, seal and certify the ballot via a signature on the envelope, and mail the ballot to the appropriate voting official to be counted. Each of these requirements is a barrier to accessibility for individuals with disabilities. The paper-only option violates the Americans With Disabilities Act and Section 504 of the Rehabilitation Act, will compromise the voting rights of voters with disabilities, and undermine our democratic electoral process.
“The inaccessibility of paper absentee ballots is a long-standing concern for ACB and its members. As governors work diligently to safely carry out elections while protecting voters’ health during the COVID-19 pandemic, the rights of blind voters must be protected. We must ensure that voters with disabilities are not placing themselves in harm’s way by voting in person when readily available accessible electronic absentee voting options exist,” said ACB’s executive director, Eric Bridges.
“People with disabilities who cannot fill out an absentee ballot independently have the same right to vote privately and independently as everyone else” states Meghan Parker, director of advocacy for the New York Association on Independent Living. “They should not be put in a position where they have to risk their health to vote in person in the upcoming election. New York must join the other states that have successfully implemented accessible and secure methods of absentee voting,”
“In the midst of the COVID-19 restrictions and social distancing protocols, voters with disabilities are once again left behind without an accessible option. The blind voters of New York who would otherwise visit their polling place to vote with a ballot marking device are unable to do so without risking their health. This amounts to an entire population of New Yorkers unable to independently cast a vote in the upcoming primaries, and that is not acceptable. We have the technology to do this, as demonstrated in thirteen other states. New York should be the leader in using such technology, but instead we are falling behind,” said Ian Foley.
The administrative complaint was sent to the Chief of the Disability Rights Section of the Civil Rights Division of the United States Department of Justice. You can view the complaint here.
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