What Laws Protect Me from Discrimination and Lack of Access in Voting?
Voting has been determined to be a fundamental constitutional right of citizens of the United States. And all persons are entitled to equal protection of the laws.
- Voting Accessibility for the Elderly and Handicapped Act of 1984, 42 U.S.C. §§ 1973ee et seq. The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, the local voting authority must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for elderly voters and voters with disabilities, including information by telecommunications devices for the deaf.
- National Voter Registration Act. The National Voter Registration Act of 1993, also known as the "Motor Voter Act," was intended to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The Motor Voter Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official.
- Americans with Disabilities Act of 1990. 42 U.S.C. §§ 12101 et seq. (ADA) Title II of The ADA provides that state and local governments may not exclude or deny qualified individuals with disabilities the benefits of their programs, services or activities. This includes exercising the right to vote. Architectural standards promulgated under that Act, known as the ADAAG standards, set forth the standards that govern accessibility of buildings. The responsibility of the government is to provide program access, however, and that has been interpreted to mean that alternative means of access can be provided.
- The Help America Vote Act of 2002 (HAVA).
- Requires that by January 1, 2006, every polling place in the country shall have at least one voting system that is accessible to voters with disabilities, including those who are blind or visually impaired. Accessible means providing the same privacy and independence that is available to non-disabled voters.
- Creates Protection and Advocacy systems for Voting Access (PAVA), and provided funds for advocacy, education and technical assistance on behalf of voters with disabilities. Equip for Equality is the Illinois PAVA.
- Requires provisional voting. Provisional voting in Illinois allows a person who believes he is registered in the precinct and whose name does not appear on the rolls to vote a "provisional" ballot. This also covers those who registered by mail, but who may fail to bring the necessary identification to the polling site. Once the person is identified or identification is provided within a specified time frame, the ballot will be included into the count.
- Authorized federal funds to be provided to states to improve accessibility of polling places and voting systems, including funds for "punch card buy-out, to persons with disalbities.
