[nfb-talk] Fact Sheet Number 2:

[Kenneth Chrane]

Preserving Ballot Access for the Blind




Purpose:

            To affirm the right guaranteed by the Help America Vote Act for 
the blind to vote independently and in private so that this right is not 
sacrificed in the haste to address security concerns.



Background:
            In the wake of the 2000 presidential election, states and 
political subdivisions scrambled to update antiquated voting systems with 
new electronic and computer-based systems.  The advent of new electronic 
voting machines means that, through the use of text-to-speech technology, 
blind people can have the opportunity to vote independently and in private 
for the first time in American history.  Recognizing this possibility, 
Congress incorporated nonvisual access provisions into the landmark Help 
America Vote Act (HAVA) of 2002.

            Since the passage of this historic legislation, questions have 
arisen about the reliability and security of electronic voting systems.  As 
a result, jurisdictions have implemented a wide array of measures to address 
these concerns, most of which rely on some kind of paper record of ballots 
cast.  Jurisdictions in forty-five states now require paper records of 
ballots.

            In the rush to implement these so called voter-verified paper 
trails, little consideration has been given to the effect upon nonvisual 
access.  The result, however unintended, is that blind voters use voting 
equipment considered unfit for sighted voters and have their ballots 
segregated from those of other voters.  In some jurisdictions, the blind can 
use text-to-speech technology to cast their ballots, but cannot 
independently verify that their choices are recorded correctly on the paper 
ballot of record.  Some jurisdictions have switched to paper ballots for 
sighted voters, while the blind still use paperless electronic systems, 
thereby segregating votes cast by the blind from all others.  Worst of all, 
a few jurisdictions have simply refused to purchase new accessible voting 
systems, ignoring the right to vote independently and in private guaranteed 
to the blind under HAVA.


Existing Law:
            The Help America Vote Act declares the right of the blind to 
vote independently and in private.  The law requires that accessible voting 
technology must be universally deployed to achieve this right.  In its 
primary access provision HAVA requires access to the voting system for 
individuals with disabilities, including the blind, "in a manner that 
provides the same opportunity for access and participation (including 
privacy and independence) as for other voters."

            The accessibility provisions of HAVA took effect in January 
2006.  The law states that accessibility can be achieved by at least one 
Direct Recording Equipment voting machine, "or other voting system equipped 
for individuals with disabilities," in each polling place.





Need for Congressional Action:

            The concerns about the security and reliability of voting 
systems have resulted in a threat to access for the blind promised by HAVA. 
For instance, to date only one known voting machine provides full access by 
the blind to paper ballots of record.  This limits the options available to 
jurisdictions seeking both to implement HAVA's access requirements and to 
address the demand for paper ballots.  Moreover, the committee charged by 
HAVA to establish guidelines for voting systems is expected to recommend 
verification methods that are independent of voting equipment and software, 
conceding that only paper ballots would currently meet this requirement, 
effectively endorsing paper trails.  Therefore, gains made by the blind are 
threatened if access is not given equal emphasis, alongside security, with 
respect to voting systems.

            Congress faces substantial pressure to amend the Help America 
Vote Act.  If HAVA is amended, the blind, like all other Americans, want a 
system that provides confidence that our votes are counted accurately. 
Therefore, any legislation enacted should:

§         Assure blind voters access to the entire voting system, including 
any mechanism for independent verification;

§         Assure that ballots of voters using accessibility features are not 
segregated from ballots of voters who do not use such features;

§         Make Federal funds available to reimburse jurisdictions for the 
cost of upgrading existing voting systems or purchasing new ones in order to 
meet accessibility requirements; and

§         Provide voters the ability to individually seek redress of 
grievances that may arise in the voting process.



Requested Action:

§         In any legislation enacted to amend the Help America Vote Act, 
please support blind Americans by ensuring that this nation does not retreat 
from the promise of private and independent voting contained in that Act.

§         Please advise members of the National Federation of the Blind of 
your commitment to sponsor or cosponsor legislation to safeguard existing 
rights of the blind under HAVA.



Contact Information:

James McCarthy, Director of Governmental Affairs

National Federation of the Blind, 1800 Johnson Street, Baltimore, Maryland 
21230

Email:  jmccarthy at nfb.org     Phone:  (410) 659-9314, extension 2240