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	111 Washington Avenue, Suite 101 Albany, NY 12210 (518) 427-1060 Voice & TDD, (518) 427-1139 Fax 1(888) 469-7452 Toll Free (NYS Only) www.nysilc.org or nysilc@nysilc.org
For Release: March 07, 2005 Contact: Tim Cronin (518) 458-1600 Michael Godino (516) 695-6572 Christine Zachmeyer (607) 432-8000

REPORT DETAILS VOTING BARRIERS AND DISCRIMINATION
FOR PEOPLE WITH DISABILITIES

A statewide report detailing complaints received from Primary and Election Day 2004 indicates pervasive patterns of voting discrimination still exist for New Yorkers with disabilities.

"These instances can only be addressed through clear legislative mandate, proper enforcement, and adequate and mandatory poll worker training," said Christine Zachmeyer, Co-chair of the New York State Independent Living Council (NYSILC) Election Reform Subcommittee.

The report, entitled “Complaints Reveal Widespread Patterns Of Voting Discrimination Against New Yorkers With Disabilities” was developed by the New York State Independent Living Council (NYSILC) following a broad range of voting access complaints by individuals with disabilities.

According to the report, ninety-two disability voter discrimination complaints have been received to date. The complaints were grouped into four categories including: polling site access, voting machine access, ballot access, and "other" complaints. More than one category could be selected, if necessary.

Brief descriptions of a few of the complaints include the following:

1. Complainant (#52) had voted, by choice, on an absentee ballot for the past seven years. She/he voted by absentee ballot on Primary Day 2004. She/he called the local Board of Elections on three separate occasions and was promised an absentee ballot in time for Election Day 2004. She/he received the ballot late and was denied right to vote.
   
   
2. Complainant (#45) brought their voting card to the polling site and the poll workers did not have the complainant registered on the books. She/he was offered an affidavit ballot. The affidavit ballot had to be read to the complainant because she/he was blind. This process was conducted in front of everyone at the polling place, instead of in privacy. The poll worker read everything out loud for all to hear, including the complainant’s voting choices.
   
   
3. Complainant (#79) received a post card in late August to notify them of their designated polling site. In late October, she/he received a letter to instruct them of a polling site change. She/he immediately called the board of elections. She/he was told to contact someone from their political party to make transportation arrangements to the new site. The complainant informed them that she/he used a wheelchair. No accessible vehicles were available. The late notice made it impossible to arrange a ride to the new polling place and therefore denied him/her the right to vote.
   
   
4. Complainant (#43) encountered a step at the entrance of the polling site while in their wheelchair. It had a piece of ½-inch thick plywood laid down as a ramp. She/he felt it was too dangerous to attempt to enter and therefore was denied the right to vote.
   
   
5. Complainant (#1) asked for an accessible voting booth and was sent to a standard booth with levers and curtain. It was too high to reach all levers and read all names on the ballot. They gave the complainant a print out of the ballot. As she/he started to vote, the supervisor came over and offered to lower the machine. It malfunctioned and only lowered about an inch and a half. This did not improve access to the machine or ballot. The poll workers admitted that they learned about the machine, but couldn’t remember because they didn’t think anyone would need it.

Under HAVA, states must follow new federal requirements including provisional ballots, statewide computer voter lists, and disability access of machines at polling sites, including the ability of persons who are blind or visually impaired to be able to vote independently and confidentially. In addition, all states must comply with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) regarding accessibility of polling sites, voting systems and ballots.

Lacking an agreement about ways to amend State Election Law in order to bring it within compliance, the stalemate has frozen the release of almost a quarter of a billion dollars in federal HAVA funds. All states must comply with HAVA by Primary Day 2006. The State has less than eighteen months to act, and prolonged non-compliance could lead to the forfeiture of the federal HAVA monies. In addition, New York has to comply with certain HAVA requirements whether or not it gets the federal funding. So the state’s failure to act would shift the cost of mandated election reform solely on the backs of New York State taxpayers.