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| News | "My Right To Vote Too"By Barbara Bobbi LinnThe Help America Vote Act (HAVA), which became public law in 2002, requires that voting systems be accessible to voters with disabilities "in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters." (HAVA, Section 301(a)(3)(a). (American Association of People with Disabilities Statement of Principles on Accessible Voting) It seems reasonable to expect that persons with disabilities (PWD) be permitted the same right to vote as every other United States citizen and in the same manner, only that has not yet occurred. Vast numbers of voting sites and machines are still inaccessible. Have you ever considered just how visual disabilities would hinder the basic right to a private vote? .Is your own polling site even wheelchair accessibile? The fact that a wheelchair user may be able to get into the front door of the polling place is just the beginning - how high are the levers once you enter the voting booth? I once nearly lost my vote when my personal care assistant, unfamiliar with the process, pulled the wrong knob. Sitting in my chair, I was unable to reach that high. HAVA mandates that the requirement for private and independent voting must be met by January 1, 2006, through the use of one direct recording electronic (DRE) voting system or other device at each polling place. DRE is a computerized voting device often called a touchscreen. (AAPD America Association of People with Disabilities, Inc.) This is the first federal statute to provide federal funds to states to support reform of federal elections, and to make the mandatesd accesssibility happen. The deadline for HAVA compliance was January 1, 2006, allowing states nearly three years to get things together. However, NY moved too slowly, and on March 3, 2006 the US Justice Department (DOJ) filed suit against the New York State Board of Elections alleging violations of HAVA. The complaint states that New York received approximately $221 million to assist its implementation of HAVA's requirements. This included more than $49 million specifically designated to assist the state replace its lever voting machines. Under HAVA, New York stands to lose these earmarked funds if it fails to replace these machines by the September 2006 primary election. The DOJ action seeks a determination that the State of New York is not in compliance with HAVA's voting systems and database requirements, and an order requiring the state to submit promptly a plan demonstrating how it will come into full compliance. Part of the Board of Elections plan for complying with the law hinged on the compilation of a count of the numbers of voters with disabilities residing in the state. Brad Williams, Executive Director of the New York State Independent Living Council (NYSILC) said: "The state has become obsessed with doing anything but complying with the law. You don't need to know how many voters with disabilities exist to implement the law. It has no bearing whatsoever on HAVA implementation and represents just another example of how the state will do anything but accept their moral and legal responsibilities." Not surprisingly, the numbers presented to the court, compiled through each County Board of Election, are minuscule. It is clear from conversations between disability advocates from across the state and their local Commissioners of Elections that there exists no accurate data on the numbers of disabled voters in the state and there is no uniform method for the collection of these numbers. And, as my colleague Mr. Williams pointed out, the questions of how many voters there are is totally irrelevant to the carrying out of HAVA law in NYS. Why has our state failed to comply with HAVA? For once, the powers that be cannot say that there isn't money to bring about the needed changes- the required funds are there. How then can NYS justify thumbing its nose at this federal law? What are they saying to the disabled community? How long will New Yorkers with disabilities have to wait to gain our fundamental voting right as Americans? §§§§ Biography Barbara Bobbi Linn has been involved in the Disabled Civil Rights' Movement for the past thirty-five years. She is the founding Executive Director of Bronx Independent Living Services, and has served as the Chair of the New York State Independent Living Council. She lives in Van Cortlandt Village. For the Latest on NYS's HAVA, click here. Copyright © 2006 by ILCHVPLEASE NOTE: PORTIONS OF THIS WEB SITE ARE UNDER CONSTRUCTION! |
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