Voters rights at the polling place

1
Voters rights at the polling place

• July 10, 2009
• Two Days of Elections
• Asheville

2
Disability Rights North Carolina is the
Protection and Advocacy (PA) organization for
North Carolina.

• Most recently, the Protection Advocacy for
  Voting Access (PAVA) program was created in 2002
  when Congress enacted the Help America Vote Act
  (HAVA). PAVA enables PAs to secure election
  access for a wide range of individuals with
  disabilities including, but not limited to,
  individuals with mental, sensory, and physical
  disabilities.

3
The results of the in-person visits by Disability
Rights North Carolina both as to June and
November 2008 elections can be summarized as
follows

• Poor or no set-up of curbside voting area at
  voting sites
• Poor or no set-up and signage problems of
  handicapped parking areas at voting sites.
• Issues with door handles into voting
  places/enclosures
• Some poll workers not concerned with
  accessibility issues and conditions
• Access ramps not meeting ADA guidelines
• Narrow doors and thresholds into voting
  enclosures that fail to meet ADA guidelines.

4
GAO Report

• In November 2008, the United States
  Government Accounting Office conducted in-person
  inspection of voting places and interviewed
  election officials and workers. Wake County was
  one of 79 jurisdictions that were randomly
  selected for these GAO visits. This 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 Departments enforcement of HAVAs 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.

5
The report (GAO-09-685) on these November visits
was issued by the Government Accountability
Office (GAO) in June 2009.

• It appears that the GAO had no issues or
  suggestions to the Wake County Board of Elections
  as to their voting accessibility efforts.
  Although the report notes problems it is presents
  an overall positive picture of voting
  accessibility improvements as shown by the
  following quote. 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-

6
National Federation of the Blind (NFB) Report

• A few days after the November 2008 election, the
  NFB contacted 560 blind voters nationally to
  discuss their voting experiences. The results of
  the survey were positive and are set out below
  supplemental by the responses of the blind N.C.
  voters in the survey when of interest.
• Almost all (94) of the legally blind individuals
  interviewed in this study said they are
  registered voters and nearly all of these
  registered voters (96) voted in the November,
  2008 election. (This reflects the N.C. response)
• Just over a third (38) voted by mail or absentee
  ballot, while nearly two-thirds (62) voted at
  the polls. (The North Carolina blind voters had a
  higher that voted in-person rather than by
  mail)

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CONTINUED NFB POLL RESULTS

• Half (51) of the blind voters who cast their
  ballot at a polling place did so independent of
  assistance, while more than a third (39) relied
  on the assistance of a family member or friend,
  nearly a tenth (9) required the assistance of a
  poll judge and a few (1) used a paper ballot
  and/or magnifying glass. (The N.C. blind voters
  were assisted 50 of the time, 25 voted
  independently, and 25 with assistance from poll
  officials) )
• Just under two-thirds (63) who cast their vote
  at the polls said they requested or were offered
  the use of an accessible voting machine. (In N.C.
  only 38 of the blind voters were offered the use
  of an accessible voting system)
• Including those who voted by mail and in-person
  at the polls, 89 (87.5 in N.C.) were satisfied
  with their overall experience, so it is not
  surprising that a majority (61)(50 in N.C.)
  offered no suggestion regarding ways to improve
  the experience. The most frequent suggestions
  were to make accessible voting machines available
  (6) (20 in N.C.), educate or train poll workers
  (5) (12.5 in N.C.), be sure accessible voting
  machines are set up and working properly (4),
  provide larger print or magnification (4) and
  make it possible for blind voters to cast an
  independent and private vote (4).

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What is our role?

• Requiring Accessible Polling Places. Polling
  sites are required to be accessible. Voters with
  disabilities may require removal of barriers at
  polling or registration sites in order to make
  the voting program accessible to them.
• Obtaining Accommodations as to the Voting
  Procedure. Voters may need accommodations for a
  mental or physical disability when actually
  registering to vote or casting a ballot on a
  voting system.
• Ensuring Designation of Voter Registration
  Agencies and Provision of Voter Registration
  Assistance. States designating as voter
  registration agencies the state-funded offices
  that provide disability services, such as
  community mental health centers and vocational
  rehabilitation agencies and providing appropriate
  registration opportunities and assistance as
  required by the NVRA.

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VOTER ACCESSIBILITY and DISABILITY SENSITIVITY

• Voting place
• a. Prior to the election, the voting place and
  voting enclosure shall be surveyed by the county
  office to determine if the parking, pathway and
  entrance into the voting place is accessible to
  voters with various handicaps. Pictures from
  these surveys are posted on the SBE website for
  use by voters. GRANTS ARE STILL (and will be for
  the foreseeable future) AVAILABLE TO IMPROVE THE
  ACCESSIBILITY OF VOTING PLACES.
• b. Precinct officials need to be aware of
  accessibility aids and procedures provided by the
  county elections office to help accessibility
  into the voting place.
• c. Precinct officials need to make sure these
  aids and procedures are operational during voting
  hours.

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Important Requirements / Measurements for
Accessible Polling Places

• Parking
• Four percent of total parking must be accessible.
• At least one van accessible parking space with an
  access aisle is required.
• One van accessible space is required for every
  eight accessible spaces.
• Any area available to drop off voters at the
  curb, requires a curb cut leading to adequate
  access to the building.
• A sign with the access logo is required at each
  accessible parking space.
• Directional signs are required, with the access
  logo, pointing to accessible parking if such
  parking is not clearly visible from the street or
  accessible entrance.
• Accessible parking should be located in the
  closest available spaces to the entrance of the
  building in which the voting enclosure is housed.

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Important Requirements / Measurements for
Accessible Polling Places

• Paths
• Accessible paths must be no less than 48 inches
  wide however, to provide greater access,
  especially if two lines of voters will be formed,
  a 60-inch wide path is recommended.
• The slope can be no greater than 1 inch for every
  20 inches or level change.
• To provide sufficient headroom for voter safety,
  there shall be no obstructions from the surface
  of the pathway to a height of 80 inches.
• Thresholds can be no higher than ½ inch (¾ inch
  for exterior sliding doors.) Carpet can be no
  more than ½ inch thick, and gratings in the
  walking surface can be no more than ½ inch wide.
• Directional signs should be easily visible along
  the accessible route or entrance.

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Important Requirements / Measurements for
Accessible Polling Places

• For every inch up, there must be a curb cut or
  ramp no less than 12 inches long, with flared
  sides 1 to 10 inches.
• The ramp must be no less than 36 inches wide.
• The ramp can slope only 1 inch for every 12
  inches of length.
• Ramps and landings with a drop-off, should have
  adequate edge protection such as a bottom rail or
  a concrete curb no less than 2 inches high.
• Any cross slopes should be at an angle no greater
  than 1 degree. Anything steeper would be
  difficult for a wheelchair user to navigate.
• A 60-inch square resting platform is required for
  every 30 feet of ramp, with a 60-inch wide
  resting platform at turns.
• Any ramp higher than 6 inches must have
  handrails.
• Handrails should be 1¼ to 1½ inches wide, mounted
  34 to 38 inches above ramp surface, with a clear
  space of 1½ inch between the wall and the
  handrail.

13
Important Requirements / Measurements for
Accessible Polling Places

• Voting Booths
• The reach for all operating mechanisms should be
  15 to 48 inches.
• Clearance under a table top should be 27 inches
  high, 30 inches wide, and 19 inches deep.
• The writing surface of the booth or table should
  be from 32 to 34 in. above the floor.
• Doorways must be no less than 32 inches wide for
  safe wheelchair access however, 36 inches
  provides more comfortable access.

14
Voting Accessibility Grants

• These grants are still available. Copies of
  the grant guidelines and the application form is
  on the CD that accompanies these courses. Or you
  can contact either Neil Baddour or Don Wright to
  obtain them.
• neil.baddour_at_ncsbe.gov [phone]
• don.wright_at_ncsbe.gov [phone]

15
VOTER ACCESSIBILITY and DISABILITY SENSITIVITY

• Voting system
• a. Certain voting systems may have accessibility
  features to help persons with certain
  disabilities to vote independently on these
  machines.
• b. Every precinct official must be aware of how
  these accessibility features work and be in a
  position to instruct a voter in their use.
• c. In addition, precinct officials must be aware
  of all other accessible aids that may be
  available at the polling place and be in a
  position to inform voters of these aids and
  instruct voters on their use.

16
Common Courtesies and Guidelines

• Be considerate of the extra time it might take
  for a person who has a disability
• or who is elderly to get things done, and give
  undivided attention to a person
• who has difficulty speaking. Speak directly to
  the person who has a disability
• rather than to the person that may be
  accompanying him/her.
• Speak calmly, slowly, and directly to a person
  with a hearing problem. Your
• facial expressions, gestures, and body movements
  help in understanding. Dont
• shout or speak in the persons ear. If full
  understanding is doubtful, write a note
• to the person with a hearing problem.
• Before pushing someone in a wheelchair ask if you
  may do so and how you
• should proceed.
• Greet a person who is visually impaired by
  letting the person knows who and
• where you are. Be aware that dogs that assist
  people with disabilities should
• be admitted into all buildings. Provide a guiding
  device such as a ruler or card
• for signing forms.
• When offering walking assistance, allow the
  person to take your arm or
• shoulder and tell him or her if you are
  approaching steps or inclines.
• Remember that all voters deserve courteous
  attention in
• exercising their right as citizens to vote.

17
Curbside Voting

• GS 163-166.9 and 8 NCAC 10B.0108
• Affidavit required by person voting
• Offered by precinct workers to the voter outside
  the polling place
• Curbside voter has same rights to assistance
• Offered since the 1980s in North Carolina, not
  all states offer

18
CURBSIDE ISSUES

• Curbside locations must be set up at every place.
  There must be parking and a means by which
  precinct workers can be made aware of the
  curbside voter. DONOT USE THE ACCESSIBLE VOTING
  PARKING PLACES FOR CURBSIDE.
• Other voters in the curbside vehicle cannot vote
  curbside unless they qualified and sign the
  affidavit swearing they can enter the voting
  place without physical assistance. CURBSIDE
  VOTING IS NOT DRIVE-THRU VOTING.
• Do not allow electioneering workers to swarm or
  harass the curbside voter. This may violate the
  voters privacy and creates disorder. GS 163-48
  allows the precinct officials to enforce good
  order. Locating the curbside site within the
  buffer zone may help prevent this problem.
• To protect the curbside voters privacy,
  transport the vote ballot back covered in some
  manner to prevent the public from viewing it.
• In DRE counties, do not carry out to each
  curbside voter a container/packet of the
  previously voter curbside ballots so the voter
  might deposit their ballot in it. Removing the
  other ballots from the voting enclosure creates
  security concerns.
• The availability of curbside voting does not
  relieve a county from the laws requiring
  accessible polling places and voting systems.

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Electioneering

• The buffer zone.GS 163-166.4 Police it as needed
  but observe compliance on a regular basis.
• Make sure buffer zone boundaries are both set and
  notice of them are made available to the public
  30 days prior to use.
• Sample ballots are allowed if they comply with GS
  163-165.2. Frequently police voting area to
  remove sample ballots and other political
  material (left by voters) from voting booths and
  inside the voting place.

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MEDIA at the POLLS

• See Chapter Six of the Precinct Uniformity
  Guidelines and the April 17, 2008 Memo to
  Directors and the April 25th Press Release.
• (These two items are on your CD)
• GS 163-166.3 and 163-166.4

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OBSERVERS and RUNNERS

• Appointment controlled by GS 163-45
• What is the difference between a runner and
  observer?
• Neither are an election official 8 NCAC10B.
  0101(a).
• Lists of persons who have voted are available at
  10am, 2 pm, and 4pm. If ATVs are used observer
  must create list.
• GS 163-45 and 8 NCAC 10B.0104

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Sample Ballots

• 163-165.2.  Sample ballots.
• (a)       County Board to Produce and Distribute
  Sample Ballots. The county board of elections
  shall produce sample ballots, in all the
  necessary ballot styles of the official ballot,
  for every election to be held in the county. The
  sample ballots shall be given an appearance that
  clearly distinguishes them from official ballots.
  The county board shall distribute sample ballots
  to the chief judge of every precinct in which the
  election is to be conducted. The chief judge
  shall post a sample ballot in the voting place
  and may use it for instructional purposes. The
  county board of elections may use the sample
  ballot for other informational purposes.
• (b)       Document Resembling an Official Ballot
  to Contain Disclaimer. No person other than a
  board of elections shall produce or disseminate a
  document substantially resembling an official
  ballot unless the document contains on its face a
  prominent statement that the document was not
  produced by a board of elections and is not an
  official ballot. (2001-460, s. 3.)

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SAMPLE BALLOT ISSUES

• In 2008, the SBE had the issue of the extent of
  the disclaimer referred to in GS 163-165.2 before
  it. The SBE ruled that a disclaimer is
  sufficient if an average voter could easily
  determine that it was not an official ballot and
  where the ballot came from.
•   However, note that sample ballots are
  considered print media and campaign finance
  statutes may require that sample ballots to
  contain the legend, Paid for by _____________ .
  See GS 163-278.38Z and 163-278.39.
•   It is becoming very common that voters download
  the sample ballots made available to voters on
  the SBE website in even year elections, and mark
  the ballot with a pre-marked choice. The marked
  ballot is then copied and distributed. Generally
  an average voter can easily determine that it is
  not an official ballot. It is desirable that a
  legend be placed on such ballots or a notation
  is made as to who is responsible for the ballot.
•   Pollworkers need to check voting enclosures and
  areas to clean up any sample ballots left by
  voters. The sample ballot download feature now on
  the SBE website is causing an increase of sample
  ballot created by individuals for personal use.

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Privacy of the Voter

• VR Data at the polls. The DOB is on the SEIMS
  document kept by the poll workers from which the
  ATV is made. The ATV shows only age.
• Observers and media at the polls.
• Persons assisting voters must keep how the voter
  voted confidential. GS 163-166.8 (c).

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Privacy of the Voter

• Voters should be given an area in which to mark
  the ballot that protects privacy. Set up the
  voting area to allow this.
• Other voters and workers should be discouraged to
  view ballot as it is being carried to be placed
  into the tabulator.
• Voters are free to participate in exit polls, but
  should not be forced or pressured.

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Voter assistance

• GS 163-166.8
• Allows assistance to voters who qualify as to
• Entering the voting booth
• Preparing the ballot
• Exiting the voter booth

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Family Voter Assistance

• 163-166.8.  Assistance to voters.
• (a)(1)       Any voter is entitled to
  assistance from the voter's spouse, brother,
  sister, parent, grandparent, child, grandchild,
  mother-in-law, father-in-law, daughter-in-law,
  son-in-law, stepparent, or stepchild, as chosen
  by the voter.

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Non-Family Voter Assistance

• GS 163-166.8 (a)(2)       A voter in any of the
  following four categories is entitled to
  assistance from a person of the voter's choice,
  other than the voter's employer or agent of that
  employer or an officer or agent of the voter's
  union
• a.         A voter who, on account of physical
  disability, is unable to enter the voting booth
  without assistance.
• b.         A voter who, on account of physical
  disability, is unable to mark a ballot without
  assistance.
• c.         A voter who, on account of illiteracy,
  is unable to mark a ballot without assistance.
  May not test for
• illiteracy and it is based upon knowledge of
  English.
• d.         A voter who, on account of blindness,
  is unable to enter the voting booth or mark a
  ballot without assistance.

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Voter needs to Communicate Desire for Assistance

• GS 163-166.8(b)       A qualified voter seeking
  assistance in an election shall, upon arriving at
  the voting place, request permission from the
  chief judge to have assistance, stating the
  reasons. If the chief judge determines that such
  assistance is appropriate, the chief judge shall
  ask the voter to point out and identify the
  person the voter desires to provide such
  assistance. If the identified person meets the
  criteria in subsection (a) of this section, the
  chief judge shall request the person indicated to
  render the assistance.

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Voting Assistance Regulation 8 NCAC
10B.0107

• Conduct of Person Rendering Assistance
• Communication Devices
• Confidentiality of Voters Aided Choices
• Regardless of possible violations, the voter
  shall be allowed to vote.

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Website Address www.app.sboe.state.nc.us2703/
erc/