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Help America Vote Act (HAVA) Local Implementation Strategies

On March 1, 2006, New York State was sued in federal court by the US Department of Justice (US DOJ) for its lack of compliance with the Help America Vote Act (HAVA). New York is being compelled into an implementation plan. This process will provide local election officials with the direction they need to enact specific HAVA requirements. It will also give advocates the opportunity to get involved at the local level – to either be a part of the solution, or to help document continued non-compliance.

The ultimate goal is for New Yorkers with disabilities to gain full access to their fundamental right to vote "privately and independently" as American citizens.

Local Implementation Strategies

1) Make contact and establish a relationship with your local county election officials.

Why? The counties will be responsible for carrying out HAVA implementation the local level. They will also have some discretion over decision-making, such as voting machine choice. How? 

• Use the following link to the NYSBOE’s website to reference county board of election officials.

ttp://www.elections.state.ny.us/portal/page?_pageid=153,42096,153_42424:153_42435&_dad=portal&_schema=PORTAL

2) Educate county election officials about what constitutes a full accessible polling place.

Why? Some election officials believe that they don’t have to comply. Others have good intentions, but have been misinformed to believe that polling place access begins and ends with entry into the site. How?

• Use the following link to the US DOJ’s website to reference and share polling place access guidelines with county election officials. http://www.ada.gov/votingck.htm.
• Perform random polling place access surveys at sites on Primary and Election Days. If needed, NYSILC’s Polling Site Survey Instrument has been attached for use. Share the results with county election officials and NYSILC (nysilc@nysilc.org or (518) 427-1139 Fax). If county election officials are not interested, share the results with local media.
• Identify fully accessible locations that could serve as replacement sites for inaccessible locations. Independent Living Centers?

3) Educate county election officials about preferences for accessible voting machines.

Why? It is extremely important to have some feedback on the selection of new voting machines, or else undesirable choice(s) will be made. How?

• Use the following link from NYSILC’s website to reference and share information about accessible voting machine options with county election officials. http://www.nysilc.org/newsletters/v8_i4/v8_i4_pg1.htm and http://www.nysilc.org/newsletters/v8_i4_pg2.htm.
• Participate in any voting machine testing events sponsored by county election officials.
• Perform voting machine access surveys at such events. If needed, NYSILC’s Voting Machine Survey Instrument has been attached for use. Share the results with county election officials and NYSILC (nysilc@nysilc.org or (518) 427-1139 Fax). If county election officials are not interested, share the results with local media.
• NOTE: It is important to provide objective input and not get pulled into endorsing a machine.

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4) Educate county election officials about the importance of poll workers knowing how to best accommodate voters with disabilities.

Why? How people are treated at a polling site can have a significant impact on their frequent return or disenfranchisement. How?

• Use the following link to NYSILC's website to reference and share voting discrimination complaint report information with county election officials. http://www.nysilc.org/News%20-%20backup_info/03-08-05_Voting%20Discrimination%20Report.htm.
• Use the following link to United Spinal Association's website to reference and share information on disability etiquette. http://www.unitedspinal.org/pages.php?catid=7&pageid=472.

5) Other resources.

Why? It is important to monitor the websites of organizations tracking up to date information about HAVA and election reform for people with disabilities. How?

• NYS Upstate HAVA Project, Catskill Center for Independence, http://ccfi.us/havamain.html.
• NYS Downstate HAVA Project, Center for Independence of the Disabled New York (CIDNY), http://www.cidny.org/cidny/npo.jsp?pg=legislation&detail=302&tab=Helping%20America%20Vote.
• American Association of People with Disabilities (AAPD), http://www.aapd.com/dvpmain/dvpindex.php.

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NEW YORK STATE INDEPENDENT LIVING COUNCIL (NYSILC)

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

General Instructions for NYSILC

Polling Site Survey Instrument

• Please look over the survey instrument carefully before you begin your site assessments.
• If you have any questions about the instrument or about conducting the site assessments please contact either:

• Please do not alter the survey instrument. The utilization of a standardized instrument will provide us with reliable, consistent information from across the state.
• Please ensure those completing the onsite assessment have a basic familiarity with accessibility standards and have the knowledge required to accurately measure widths, slopes, pull force, etc.
• Please take a photograph of any element at any polling site that does not meet current accessibility standards.
• If possible, please try to perform the site assessments on election or primary day.
• If it is not possible to perform the site assessments on election or primary day, please ensure that the polling sites are "set up" as they would be for election day.
• Please feel free to include any additional information you think would help in determining site accessibility.
• Please send a copy of the completed survey forms to:

Chris Zachmeyer

Catskill Center for Independence

PO Box 1247

Oneonta, NY 13820

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NEW YORK STATE INDEPENDENT LIVING COUNCIL (NYSILC)

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

Polling Site Survey Instrument

Polling site name & number: ____________________________________________

Physical Location: ____________________________________________________

County: ___________________________ Date Completed:

Type of facility: ________________________________________________________

Survey completed by: ____________________________________________________

Accompanied by: _______________________________________________________

SPECIAL INSTRUCTIONS: Please include a picture of any element that does not meet accessibility standards.

I. Exterior has:

1. Y N NA Designated parking spaces for drivers with disabilities near facility with adequate space and proper signage 5 to 7 feet above ground. Comments ________________________________
____________________________________________________________________________

2. Y N NA At least one 8’ wide access aisle is adjacent to each designated parking space with proper signage.
Comments __________________________________________________

3. Y N NA At least one accessible pathway from parking area to main entrance (i.e., firm level surface and curb ramps where walkways meet roadways).
Comments ___________________________________________________

4. Y N NA There are ___ designated parking spaces for drivers with disabilities out of approximately ___ parking spaces in total (If parking spaces are not lined, please approximate the number of spaces).

Comments: ______________________________________________________________________

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II. Main Entry has:

1. Y N NA Ground level entrance.
Comments _____________________________________________________________

2. Y N NA Ramped entrance (i.e. ramps should have at least 36" clear width and have level landings, handrails, slope not greater than 1:12 and guardrails).
Comments _____________________________________________________________

3. Y N NA Entry opening 32" or wider at narrowest point.
Comments _____________________________________________________________

4. Y N NA If a double-leaf doorway exists that are independently operated does at least one leaf have an entry opening of 32" or wider at narrowest point?
Comments _________________________________________________________________

5. Y N NA One or more steps.
Comments _________________________________________________________________

6. Y N NA A door handle or latch exists that is easy to use and does not require tight grasping or twisting of the wrists to open.
Comments _________________________________________________________________

7. Force needed to open exterior door: lb/f.

8. Is it a fire door? Y N

9. Y N NA Two doors in a series.
Comments: ______________________________________________________________________

10. Y N NA If two doors exist in a series is there at least 48" plus the width of any door swinging into the space.
Comments: ______________________________________________________________________

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11. Y N NA If two doors exist in a series do they swing either in the same direction or away from the space between the doors?
Comments: ______________________________________________________________________
_______________________________________________________________________________

In main entry is inaccessible an additional entry has:

12. Y N NA Ground level entrance.
Comments ____________________________________________________________________

13. Y N NA Ramped entrance (i.e. ramps should have at least 36" clear width and have level landings, handrails, slope not greater than 1:12, and guardrails).
Comments ______________________________________________________________________

14. Y N NA Entry opening 32" or wider at narrowest point.
Comments ___________________________________________________________________

15. Y N NA If a double-leaf doorway exists that are independently operated does at least

one leaf have an entry opening of 32" or wider at narrowest point?
Comments ____________________________________________________________________

16. Y N NA One or more steps.
Comments ____________________________________________________________________

17. Y N NA A door handle or latch exists that is easy to use and does not require tight grasping or twisting of the wrists to open.
Comments ________________________________________________________________________

18. Y N NA Two doors in a series.
Comments: ______________________________________________________________________
________________________________________________________________________________

19. Y N NA If two doors exist in a series is there at least 48 in. plus the width of any door swinging into the space?
Comments: ______________________________________________________________________

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20. Y N NA If two doors exist in a series do they swing either in the same direction or away from the space between the doors.
omments: ______________________________________________________________________

21. Y N NA There are ___ entrances in total. ___ out of them are accessible.
Comments ______________________________________________________________________

22. Y N NA The accessible alternate entry is clearly marked with international symbol of access.

Comments: ____________________________________________________________________

III. Interior path to voting area has:

1. Y N NA Continuous unbroken surface on each level.
Comments ______________________________________________________________________

Hallway width: ________ Hallway length: ___________

• If more than one hallway exists please explain in comments.

Comments ____________________________________________________________________

3. Y N NA All interior doorways are at least 32" wide at their narrowest point.

Comments ____________________________________________________________________

4. Y N NA The maximum pull force required for opening all interior doorways does not exceed 5lbf.
Comments ________________________________________________________________________

5. Y N NA If a double-leaf interior doorway exists that are independently operated does at least one leaf have an entry opening of 32" or wider at narrowest point.
Comments ________________________________________________________________________

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6. Y N NA A door handle or latch exists that is easy to use and does not require tight grasping or twisting of the wrists to open.
Comments ________________________________________________________________________

7. Y N NA Two doors in a series.
Comments: ______________________________________________________________________
________________________________________________________________________________

8. Y N NA If two doors exist in a series is there at least 48 in. plus the width of any door swinging into the space?
Comments: ______________________________________________________________________

9. Y N NA If two doors exist in a series do they swing either in the same direction or away from the space between the doors?
Comments: ______________________________________________________________________
_______________________________________________________________________________

10. Y N NA Interior floors with non-slip surface.

Comments ___________________________________________________________________

11. Y N NA Carpeting with pile no higher than ½".

Comments ___________________________________________________________________

12. Y N NA In assembly areas, space for two or more wheelchairs (about 5’ X 5’).
Comments: ______________________________________________________________________
_______________________________________________________________________________

13. Y N NA Do any functions such as luncheons, bake sales, rummage sales, etc. ever take place on election day during voting hours?
Comments __________________________________________________________________

14. If so, what might they be and in what locations at the polling site would they be held?
Comments __________________________________________________________________

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IV Communication Access Please complete this section if you are completing this survey on election/primary day or if a polling site worker is accompanying you.

1. Y N NA Are voting instructions and sample ballots available in 18-point or larger type?
Comments ___________________________________________________________________

2. Y N NA Are voting instructions and sample ballots available in Braille?
Comments

3. Y N NA Are voting instructions and sample ballots available on audiotape?
Comments ___________________________________________________________________

4. Who is the person on site on election/primary day who is responsible for ensuring that prior requests for ASL interpreters are met during voting hours?
Comments ___________________________________________________________________

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NEW YORK STATE INDEPENDENT LIVING COUNCIL (NYSILC)

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

Voting Machine Survey Instrument

There are a number of items we are trying to evaluate through this survey so it is extremely important that you respond to every question and statement that requires a response. Thank you very much for your cooperation.

Machine Name:______________________________________________________

Please circle the score that best reflects the rating for each question utilizing the scale below. If a question is not relevant to you, please answer "NA".

Scale: 1 2 3 4 5 NA

Strongly Dissatisfied Neither Satisfied Strongly Does not

Dissatisfied Satisfied or Satisfied affect my

Dissatisfied ability to vote

Section I: General

All machine testers should complete this section.

1. Was the machine comfortable to approach?

1 2 3 4 5 NA

Comments ___________________________________________________________________

2. Was the voting process used easy to understand?

1 2 3 4 5 NA

Comments ___________________________________________________________________

3. Was the machine comfortable to use?

1 2 3 4 5 NA

Comments ___________________________________________________________________

4. Did you feel your vote was private?

1 2 3 4 5 NA

Comments ___________________________________________________________________

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5. Did you feel your vote was cast accurately?

1 2 3 4 5 NA

Comments ___________________________________________________________________

6. If you made an error, was it easily corrected?

1 2 3 4 5 NA

Comments ___________________________________________________________________

7. Please rate your overall experience.

1 2 3 4 5 NA

Comments ___________________________________________________________________

Section II: Enlarged screen

Please complete this section only if an enlarged screen is necessary for you to be able to vote.

1. Did the machine provide the option to switch to a large screen?

1 2 3 4 5 NA

Comments ___________________________________________________________________

2. Did you feel the enlarged screen met your needs?

1 2 3 4 5 NA

Comments ___________________________________________________________________

3. Did the machine provide appropriate visual feedback?

1 2 3 4 5 NA

Comments ___________________________________________________________________

Please provide any information you think would improve the enlarged screen component of this machine.

Comments ___________________________________________________________________

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Section III: Audio component

Please complete this section only if an audio component is necessary for you to be able to vote.

1. Did the machine provide an audio component?

1 2 3 4 5 NA

Comments ___________________________________________________________________

2. Were the instructions easy to understand?

1 2 3 4 5 NA

Comments ___________________________________________________________________

3. Did the machine provide appropriate audio feedback?

1 2 3 4 5 NA

Comments ___________________________________________________________________

4. Were you able to adjust the volume?

1 2 3 4 5 NA

Comments ___________________________________________________________________

5. Were you able to pause the tape?

1 2 3 4 5 NA

Comments ___________________________________________________________________

6. Were you able to easily move through the different screens?

1 2 3 4 5 NA

Comments ___________________________________________________________________

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Section IV: Other assistive features

Please complete this section only if other assistive features are necessary for you to be able to vote.

1. Were you able to reach all the necessary controls?

1 2 3 4 5 NA

Comments ___________________________________________________________________

2. Were you able to manipulate all the necessary controls?

1 2 3 4 5 NA

Comments ___________________________________________________________________

3. Did the machine provide appropriate tactile feedback?

1 2 3 4 5 NA

Comments ___________________________________________________________________

For Demographic Purposes Only

11. Disability information: Providing specific disability information helps identify how your disability impacts your voting and what specific accessibility features would or would not be important to you.

As a result of your disability, what functional limitations do you experience that has an impact on voting?

_______ Am unable to see ballot

_______ Am unable to see ballot unless it is enlarged

_______ Am unable to reach, press, twist, turn

_______

12. Age:_______

13. Sex: _____ Male _____Female

We welcome any additional comments you believe would provide a better understanding of what you believe to be the strengths and weaknesses of the machine you tested. Please be very specific.

_____________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________