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Some voters in Ohio cannot exercise their right to vote at their designated polling place, according to a preliminary review of 32 selected polling sites by the Ohio Legal Rights Service (OLRS). OLRS conducted the review during the November 2007 general election. OLRS staff found, in all six Ohio counties surveyed, that it is difficult or impossible for people with disabilities to vote at their precinct. Barriers to voting at polling places included inadequate parking spaces and parking surfaces, inaccessible stairs or steps into polling stations, inaccessible entrance doors, and insufficient space to maneuver within the voting area.
Many locations had gravel or grass parking lots that did not provide a person with a disability a safe, slip resistant surface path of travel from the parking lot to the polling place. Some polling stations did not have marked, designated accessible parking spaces and/or proper signage. OLRS observed entrances into polling places that were not accessible to people with disabilities. To enter these places, a person was required to navigate over a 2 or 3 inch threshold, or to use a single step or a full stairway. No alternative, accessible entrances were available to voters at these sites.
Attempts to improve the accessibility of polling places were often lacking and did not demonstrate improvement. Ramps into voting sites either were too steep, were not constructed from non-slip materials, or did not include a level landing every 30 feet. One polling place constructed a ramp to the main entrance to bypass a set of steps. The slope exceeded the Americans with Disabilities Act (ADA) standard, and the doorway at the top of the ramp included a 4½ inch threshold step, making the location inaccessible.
The handles on entry doors at polling locations were not accessible to people who have limited hand strength and manual dexterity. Nearly two-thirds of the polling sites OLRS visited did not have door handles that met ADA standards.
Once inside the voting area, OLRS found insufficient spacing between voting machines, and limited space in aisles and pathways for a person using a wheelchair to maneuver. Aisles between voting machines and the space between a voting machine and a wall were often less than the required 36 inches.
OLRS conducted its polling place review on election day, November 6, 2007, visiting 32 sites in six counties. OLRS selected sites based on findings from its preliminary informal survey of all 88 county boards of elections. The initial survey responses revealed that at least 15 counties had polling places that were not compliant with the ADA or the Help America Vote Act. Staff visited the polling places that reported the most serious accessibility problems.
OLRS assessed the selected polling sites using the Secretary of State's Polling Place Accessibility Checklist. This checklist addressed accessible parking and parking lot areas, accessible entrances (including route of travel and ramps), and access to the voting area within the building (including internal and external doors, maneuverability, and route of travel to the voting machines).
OLRS' preliminary review of the 32 polling places reveals that all 32 locations present obstacles to people with disabilities and none meet accessibility standards under the ADA Accessibility Guidelines and the Ohio Revised Code. OLRS will continue monitoring voting sites to improve accessibility for people with disabilities in Ohio.
If you experience problems accessing your polling location, OLRS encourages you to call us at (800) 282-9181 or (TTY) (800) 858-3542 (both numbers are toll free in Ohio), online at www.olrs.ohio.gov , or by mail at Ohio Legal Rights Service, 50 West Broad Street, Suite 1400, Columbus, Ohio 43215-5923.
OLRS protects the rights of people with disabilities to equal protection in elections, including the right to vote privately and independently.
OLRS used the Ohio Secretary of State's Polling Place Accessibility Checklist in its survey of polling places. The checklist is modeled after the Checklist for Existing Facilities created by Adaptive Environments Center, Inc. for the National Institute on Disability and Rehabilitation Research. See: Checklist for Existing Facilities version 2.1 (PDF file)
Another checklist is available from the U.S. Department of Justice, the ADA Checklist for Polling Places. This checklist provides guidance to election officials in understanding the accessibility requirements of the Americans with Disabilities Act (ADA) concerning polling places. See: ADA Checklist for Polling Places
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Art Schlesinger was part of the OLRS team that investigated the accessibility of several polling places in Ohio. Schlesinger, who uses a wheelchair, documented barriers he encountered while observing polling places during the November 2007 election. A brief description of his experience at one location follows.
I visited a polling place located in a church in southwestern Ohio. Even though there was a ramp leading to the front entrance of the church, I was unable to enter through the front door because the top of the ramp was not level with the entrance doorway, leaving a 4½ inch threshold step. This step created a barrier for a person using a wheelchair or for those with a significant mobility impairment.
Reviewing my access options, I saw a "Voting" sign posted on the front door directing voters to the back entrance of the church. Apparently, that was the main entrance to the polling place. In order to enter the back entrance, however, a person had to descend several steps. The back entrance did not include a ramp or an external calling or signaling system to notify poll workers. I waited about ten minutes to see if anyone could help me, but no one appeared.
Another attempt at entering the church through the front entrance was successful after I maneuvered my wheelchair over the 4½ inch step. The entrance led to a waiting area with an ESS AutoMARK voting machine, one of four certified voting systems used in Ohio. Despite my success on entering the building, no poll workers were available in the waiting area. Repeated efforts at getting someone to assist me in the waiting area proved unsuccessful.
I left the waiting area and proceeded, once again, to the back entrance of the church. I was finally successful in getting a poll worker to assist me — but only after I asked voters who were leaving the polling place to go back inside and inform a poll worker that I needed help. When the poll worker arrived, he directed me back to the front entrance. By now, I was very familiar with the external layout of the polling place!
Upon entering the front entrance of the church for the second time, the poll worker informed me that he did not know how to operate the voting machine and would have to refer to the AutoMARK manual. While it was possible for a person with a disability to independently mark a ballot, to cast a ballot would require a person to go down a flight of stairs. Also, a person would be unable to verify that his or her ballot was actually cast. Furthermore, the county's procedure for helping a voter requires the presence of two polling officers: one Republican and one Democrat. But on this day, the poll workers would not have been able to follow this procedure because there were only two present, and one had to remain downstairs with the other voting machines.
This polling location presents significant barriers to people with disabilities and impedes their right to vote independently. The poll worker shared my concerns and frustrations and agreed that the county board of elections needs to address these issues if the county will use this location in the future.
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Voters with disabilities have the right to assistance and accommodations at the polling place, both through federal and state laws.
Examples of accommodations are:
Voters with disabilities may bring a sample ballot into the voting booth, and may also bring a person of their choice into the voting booth to assist them. However, that person may not be a candidate on the ballot, and may not be an agent of their employer or labor union.
If a voter needs help, and has no one to assist, two poll workers will provide the voter assistance in marking the ballot. Any person who assists a voter is prohibited from disclosing his or her votes.
A voter who needs transportation to the polling place can ask a case manager or social worker for help arranging transportation. A voter can also contact a local paratransit service to arrange transportation in advance.
Political parties may also arrange for volunteers who can help a voter get to their polling place. If you need transportation, contact the local or county campaign headquarters of either political party, or of a local candidate to ask for this assistance. The Ohio Democratic Party headquarters telephone number is (614) 221-6563. The Ohio Republican Party headquarters telephone number is (614) 228-2481.
If you experience problems with registering to vote or casting your ballot, you can contact OLRS at (800) 282-9181 or (TTY) (800) 858-3542 (both numbers are toll free in Ohio), online at www.olrs.ohio.gov , or by mail at Ohio Legal Rights Service, 50 West Broad Street, Suite 1400, Columbus, Ohio 43215-5923.
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Download the PDF version of OLRS Quarterly - Special Edition on Voting - Winter 2008
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Download the PDF version of OLRS Quarterly - Special Edition on Voting - Winter 2008
The following information can help you prepare to vote.
To vote in an election, you must be registered. The deadline for registering to vote is 30 days before an election. While it is too late to register to vote for the primary election on March 4, you should still register so you can vote in future elections. To vote in the general election on November 4, 2008, you must register by October 6, 2008.
On election day, you must bring identification (ID) with you. Examples of ID are a driver's license, state-issued ID, or military ID; or a current utility bill, bank statement, government check, paycheck; or a government document that shows your name and current address.
If you don't have any of these, you can still vote by casting a provisional ballot (see Voting in Special Circumstances).
To cast your vote, you must go to a polling place, or vote by absentee ballot.
Learn About Your Polling Place: Call your county board of elections to find your polling place. Ask your county board of elections if your polling place is accessible. Polls are open from 6:30 a.m. to 7:30 p.m. If you are still in line at your polling place at 7:30 p.m., poll workers must give you the opportunity to vote.
Voters in Psychiatric Hospitals or Nursing Homes: If you cannot leave the hospital, contact your county board of elections, or ask the client advocate to contact them. Many hospitals will make arrangements to have county elections officials at the hospital to assist voters with absentee ballots. If you live in a different county from the hospital, you must make appropriate arrangements to vote. Ask staff to help you with these arrangements well in advance of election day.
Absentee Ballots: If you want to vote by absentee ballot, you must get an absentee ballot from your county board of elections by the day before the election. There is an exception for voters who are hospitalized (or whose minor child has been hospitalized) because of a medical emergency. They can apply for an absentee ballot by 3:00 p.m. on election day in the county in which they are registered to vote.
You may vote your absentee ballot in person at the board of elections until the close of their business hours the day before the election, or you can mail it. You must mail it early enough to be received by your county board of elections by 7:30 p.m. on election day (except voters from overseas).
Voting in Special Circumstances: If you are registered to vote, but the county board of elections does not have up-to-date information about where you live, or you do not have appropriate identification, you may still vote in the precinct where you live with a provisional ballot. You will have to verify your registration information after you vote.
After you mark your ballot (and before you cast it) check to make sure it reflects your choices. Be sure you have followed the instructions on the ballot, or your ballot may not be counted. If you need help understanding or checking your ballot, ask a poll worker.
If you vote on an AutoMARK machine, you will get a paper ballot (which could be more than one page) and a "privacy sleeve" (a large envelope that you will put your printed ballot into). You will mark your ballot and the machine will print your ballot. You will then cast that printed ballot by putting it into a privacy sleeve. Remember to put all pages of your ballot into the privacy sleeve. If you need help casting your printed ballot, ask a poll worker.
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The federal "Help America Vote Act" of 2002, known as HAVA, provides funds to states for election reform. These funds allow states to take actions, such as establishing standardized electronic voting machines and uniform voter registration lists. HAVA contains several provisions to enable state and local governments to establish, expand, and improve access to and participation in the election process by individuals with a full range of disabilities. States must design a HAVA Plan, and appropriate funds for voting procedures, and include citizen participation as HAVA is implemented.
HAVA authorizes Protection and Advocacy Systems — like OLRS — to "ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places." For people with disabilities, HAVA is a civil rights law.
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The Ohio Disability Vote Coalition (ODVC) is planning a Presidential Forum to be held in Columbus in July, to celebrate the anniversary of the Americans with Disabilities Act. According to ODVC's Sue Hetrick, the nonpartisan event, which will focus strictly on disability policy, will be the only one of its kind in the country. For information, contact Sue Hetrick by email at shetrick@abilitycenter.org .
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OLRS is funded by grants from:
And also funding from the State of Ohio General Revenue Fund.
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The OLRS Quarterly is published by Ohio Legal Rights Service. For a free copy, contact OLRS, at:
Ohio Legal Rights Service
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923
Telephone 614-466-7264
Toll Free 800-282-9181
TTY 614-728-2553
Toll Free TTY 800-858-3542
FAX 614-644-1888
OLRS Web site: http://olrs.ohio.gov
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Download the PDF version of OLRS Quarterly - Special Edition on Voting - Winter 2008