by Molly Thompson | May 7, 2024 | Voting
The 2024 Presidential Election is six months away! There are two exciting updates from the U.S. Department of Justice that strengthen access to voting and voting information for people with disabilities.
For the first time in 10 years, the U.S. Department of Justice updated guidance about how the ADA applies to voters with disabilities. The guidance makes explicitly clear that all aspects of the voting process must be accessible to individuals with disabilities.
Highlights of the guidance:
- Individuals with intellectual disabilities, mental health disabilities, and those under guardianship cannot be “categorically disqualified” from voting. These individuals cannot be held to a higher standard for demonstrating the capacity to vote.
- All physical aspects of a polling place must be ADA compliant.
- Curbside voting for individuals with disabilities is only permissible under limited circumstances. If curbside voting is organized for individuals with disabilities, there must be proper signage, equal access to individuals campaigning outside the polling place, a quick response by election officials, and access to the Accessible Voting System.
- Polling places must provide reasonable modifications to voters with disabilities. For example, for a voter who has trouble standing for long periods of time, a chair can be provided for them to sit in while they wait in line.
- Strengthens communication guidance aimed to accommodate deaf and hard of hearing voters.
- Recommends that municipalities train election workers prior to every election on interacting with voters with disabilities.
In addition to recent guidance on election accessibility, the DOJ also published a new rule regarding digital accessibility. All government entities and organizations they contract with, will be required to have their web content and digital apps accessible by 2027. This rule applies to local and state governments, election offices, public schools, law enforcement agencies, courts, public hospitals and healthcare clinics, public parks/recreation departments, public libraries, and public transit programs.
For individuals who are blind and visually impaired, inaccessible content can limit their participation in their community and detract from their knowledge of important events. This rule ensures individuals with print disabilities will soon have equal digital access.
To learn more about these rules, check out the resources below! Don’t forget to make your voting plan for the Presidential Election!
by Molly Thompson | Oct 3, 2023 | Voting
Maine’s referendum election is November 7th, 2023. Voters will have the opportunity to decide on eight items: four Citizen Initiatives and four Constitutional Amendments. We are getting lots of questions here at Disability Rights Maine about Question 8. So, what is Question 8?
Question 8 is an amendment to Maine’s Constitution that asks voters, “Do you favor amending the Constitution of Maine to remove a provision prohibiting a person under guardianship for reasons of mental illness from voting for Governor, Senators and Representatives, which the United States District Court for the District of Maine found violates the United States Constitution and federal law?”
In 2001, Disability Rights Maine sued on behalf of three individuals under guardianship who were prohibited from voting because they had labels of mental illness. DRM argued the provision in the Maine Constitution that prevented them from voting was discriminatory, as individuals under guardianship for reasons of mental illness were the only group of people under guardianship to be automatically disenfranchised. The court agreed and found this provision to be in violation of both the Equal Protection Clause of the United States Constitution and the Americans with Disabilities Act.
And, while this provision was deemed unconstitutional 22 years ago, the language remains as part of the Constitution.
In the 2023 legislative session, the Maine Legislature passed a resolution amending the Maine Constitution by the required two-thirds majority. The final step to remove this provision from the Maine Constitution requires approval by Maine’s voters. Proponents of Question 8 are asking voters to remove the provision, in accordance with the federal court’s ruling. A “yes” vote is in favor of removing the provision from the Maine Constitution. A “no” vote is against removing the provision from the Maine Constitution.
It is important to note that if Question 8 fails to pass, nothing will change. The voting rights for Mainers under guardianship for reasons of mental illness, will not be in jeopardy. Unless otherwise specified in an individual’s guardianship document, individuals under a guardianship for reasons of mental illness have the right to vote in Maine. For those who are under guardianship who are prohibited from voting, but would like to vote, please reach out to Disability Rights Maine.
If you would like to contact Disability Rights Maine regarding Question 8, please contact Voting Access Advocate, Molly Thompson at mthompson@drme.org.
by Molly Thompson | Sep 11, 2023 | Voting
The week of September 11th to the 15th is Disability Voting Rights Week! As the new Voting Access Advocate at Disability Rights Maine, I’m thrilled to get to work ensuring Mainers with disabilities can exercise their right to vote. The upcoming year is especially exciting, with four state wide elections taking place. People with disabilities in Maine have an excellent opportunity to practice voting before the General Presidential Election on November 5th, 2024.
Voter turnout among individuals with disabilities has steadily increased in recent decades, thanks in part to federal laws. The 1990 Americans with Disabilities Act (ADA) requires that individuals with disabilities have, “a full and equal opportunity to vote.” The 2002 Help America Vote Act (HAVA) requires all polling places to be physically accessible and to possess at least one functioning Accessible Voting Machine (AVS).
Regarding state protections, it is important to know that individuals under guardianship in Maine have the right to vote. This was established in the critical case of Doe v. Rowe, brought by DRM on behalf of three people under guardianship whose right to vote was previously restricted.
While the voting rights of those with disabilities in Maine are protected under the law, there are still many problems voters encounter. For those who don’t have internet access, it can be hard to learn how to vote. For others, when they find the information they need, it is out of date. Too many polling places in Maine are not fully accessible. DRM has observed polling places across Maine that lack accessible parking, ramps, or automatic entrances on election day. Further, the inconsistent use of AVS machines creates confusion among voters.
DRM will continue to work to eradicate as many of these barriers as possible. We will host trainings and forums to educate people with disabilities on the voting process. We will send advocates to the polls on election days and work with Town/City Clerks to address accessibility problems.
An exciting project in its early stages, is to facilitate individuals with disabilities to become poll workers in their own communities. As one in three adults in Maine have a disability, it is imperative that people with disabilities are visible at the polls. In the work to foster free and fair elections in Maine, the role of people with disabilities must not be overlooked, both as participants and stewards of democracy. For more information on becoming a poll worker in Maine, visit https://www.maineelectionworkers.org/. If you would like to partner with DRM for this project, please contact us.
If you are a person with a disability and you want to share your experiences around voting with DRM, please respond to our survey. Your responses will help shape our work and could motivate others to participate in elections.
Happy Disability Voting Rights Week!
