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 Fall 1999 Volume 3, Issue 1 

Page 1

ATTORNEY GENERAL ELIOT SPITZER'S CIVIL RIGHTS BUREAU INVESTIGATES INACCESSIBLE POLLING PLACES

BROOKLYN - October 15, 1999 (Reported by T.K. Small).

There is an old expression, "If you don't vote, you don't have the right to complain." However, for some New Yorkers with disabilities, their efforts to vote have been frustrated by a lack of access to polling places. New York State Attorney General Eliot Spitzer's Office and the Catskill Center for Independence in Oneonta conducted a survey of over one hundred polling places in Delaware, Otsego, and Schohaire Counties. The survey results found that very few sites were in total compliance. The survey instrument examined the three general requirements of parking, entrances, and interiors.

New York State Attorney General Eliot Spitzer's Civil Rights Bureau is currently conducting an investigation of the accessibility of polling sites in all three counties. Schohaire County has taken the proactive step of scheduling a mock election day for the end of October 1999. This will allow verification of improvements before Election Day. The Attorney General's Office has made it known to the counties that while the Attorney General welcomes their cooperation, the polling places will be made accessible with or without their cooperation. Ruti K. Bell, Assistant Attorney General, stated, "Accessible polling places are a top priority to this office. We will do everything possible to ensure that sites come into substantial compliance with Federal and State laws. The right to vote is fundamental to Americans. No citizens should be denied this opportunity." There are several state and federal statutes to determine what the law requires. Federal laws include the Americans with Disabilities Act, Voting Accessibility for the Elderly and Handicapped Act, and the Rehabilitation Act. State statutes include the New York State Election Law, New York State Human Rights Law, and the New York State Civil Rights Law.

Overall, the Attorney General's Office believes that the problem of inaccessible polling places may exist throughout New York State. Attorney General Eliot Spitzer intends to investigate this problem by sending out a team of Assistant Attorney Generals on Election day in collaboration with the statewide network of Independent Living Centers. The centers can serve as one of the local sources of technical assistance. Richard Zachmeyer, Executive Director of the Catskill Center for Independence noted, "There seems to be a direct correlation between the poor voter turnout and the problems with polling site accessibility. One way to increase civic participation in general is to tap into the disability community." The Federal Elections Commission confirms this need by reporting that there are more than 20,000 inaccessible polling places nationwide. In a press release dated October 6, 1999, the National Organization on Disability identified that people with disabilities vote at a rate 20 percent below non-disabled voters. As a result, disability issues seldom surface in election campaigns. Jim Dickson of the National Organization on Disability stated, "If people with disabilities voted at the same rate as the non-disabled, 7 million more votes would have been cast in the last presidential election. We are the 'sleeping giant' of American politics."

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Copyright © 1999.
New York State Independent Living Council, Inc. All rights reserved.
Revised: February 11, 2001