Disability Recommendations for State Implementation of the "Help America Vote Act"

Each state, in order to receive federal funds, must develop a comprehensive election reform plan and enact into law a package of legislation.

Disability Access Provisions

HAVA allocates $850 million (over three years) to provide one accessible voting machine in each polling place. Washington provides 95% of the cost. HAVA allocates $100 million to make polling places physically accessible, but there is no national definition of "accessible" or a deadline for implementation. There is no state match. Grants will be awarded by HHS (Health and Human Services).

It provides the protection and advocacy system $9.3 million a year to provide education and technical assistance in implementation of the law. The P&A is expressly forbidden to use these funds for legal action. The national protection and advocacy system has recommended that each P&A use some of its funds to hire a voting rights organizer.

Things to be included in the state plan and legislation:

Must do:

  1. The disability community and other stakeholders must be represented on the HAVA planning commission.
  2. Electronically including all Medicaid and other disability agencies as voter registration sites in the new statewide voter registration system.
  3. Have one accessible voting system in every polling place by January 1, 2006.
  4. All voting related materials must be provided in alternative formats.
  5. Disability etiquette training for poll workers must be a statewide curriculum

Should do, but not required:

HAVA provides a lot of discretion to the states. States may and should exceed the requirements by including the following in either the state plan or legislation:

  1. A deadline for when all polling places will be accessible.
  2. A definition of accessibility.
  3. A contract between the community and the Secretary of State, following the Rhode Island model, to survey all polling places in the state.
  4. A mandate to facilitate the right to vote for individuals who have a guardian.
  5. Recruit people with disabilities to be poll workers.
  6. A requirement that poll workers must pass a written test before being let loose on the public.
  7. California-style permanent absentee ballot for voters with disabilities.
  8. A maintenance of effort (MOE) clause that will prevent cities and counties from substituting federal money for their local share of election administration, which would result in exhausting the federal funds before voting becomes accessible.

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