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THE FIGHT FOR ACCESSIBLE VOTING

"Why, more than ten years after the passage of the Americans with Disabilities Act, is Duval County discriminating against disabled voters by replacing old inaccessible voting equipment with new inaccessible voting equipment? And why is the Secretary of State allowing it?"
--Jim Dickson, vice president of the American Association of People with Disabilities (AAPD) upon filing a suit against Florida's Secretary of State Katherine Harris for allowing the purchase of hundreds of new voting machines that are not accessible

"I think that all voices should be heard."
--Marianne Preble, co-chairwoman of the self-advocacy group Speaking Up For Us, commenting on a push by Maine's Attorney General to restrict voting rights for some people who have mental retardation

2006
Nov. 8: Mixed Results Over Accessible Voting
Nov. 3: Justice Department Doesn't Penalize States For Failing On Voting Act
Oct. 24: Report: Voters With Disabilities Still Face Discrimination At Polls
Aug. 3: Groups Claim State, Counties Violate Voting Act (California)
March 3: Justice Department Begins Actions Against States Over Accessible Voting
Feb. 8: Report: Nineteen States Missed HAVA Accessible Polling Deadline

2003
March 7: Village Will Be First To Use Touch-Screen Voting Machine
2002
January 15: State Panel Recommends Changes In Voting Laws (Florida)
February 20: Voting Accessibility Measure Clears State House Committee (Florida)
March 20: Voting Access Bill Passed By Florida House
April 4: Alaska Will Have Accessible Voting Machines (Alaska)
April 12: Elections Accessibility Included In Election Reform Measure (United States)
May 22: Justice Department Claims States Violated Voters' Rights In 2000 (United States)
August 16: Nation's Capital First To Have Accessible Voting (Washington, DC)
October 23: Election Reform Package Includes Money For Accessible Voting Methods (United States)
November 1: Voters With Disabilities May Cast Private Ballot For The First Time (Georgia)
November 21: Florida Election Access Suit Moves Forward (Florida)

2001
February 1: New Machine Could Make Voting "E-Z" (Wisconsin)
February 22: Advocates Angered Over Potential Voting Restrictions (Maine)
July 25: Disability Rights Advocates Tell Committee To Make Elections Accessible (Florida)
August 28: No Complaints Filed From Voters With Disabilities (Nebraska)
October 8: Proposed Bill Would Require Accessible Voting Machines (Massachusetts)
October 18: Ten Years After ADA, Elections Far From Accessible (United States)
November 9: Advocates Sue Florida's Secretary Of State Over Voting Systems Purchase (Florida)

2000
September 19: The Vote! 2000 Campaign In High Gear (United States)
October 20: Old Laws and Old Beliefs Keep People With Disabilities Away From Polls (Arkansas)
November 6: Improving Voting Access Is A Must(United States)
November 16: Politicians And Election Officials Dropped The Ball, Missed The Boat

Related resources:
AAPD: Disability Vote Project

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The Vote! 2000 Campaign In High Gear
By Dave Reynolds, Inclusion Daily Express
September 19, 2000

UNITED STATES--The VOTE! 2000 Campaign is a non-partisan effort to increase by 700,000 the number of voters with disabilities nationwide in this year's elections.

The campaign, launched a year ago by the National Organization on Disability, has three elements: conducting a get-out-the-vote drive; increasing registration nationwide of people with disabilities; and ensuring that the nation's 120,000 polling places are accessible to all voters with disabilities.

As deadlines to register to vote near for the upcoming general November general election, NOD chapters around the United States continue to hold trainings and meeting to educate people about voting and accessibility.

NOD's website is: http://www.nod.org

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Old Laws and Old Beliefs Keep People With Disabilities Away From Polls
October 20, 2000
FAYETTEVILLE, ARKANSAS--"Of the 50 states in our nation, 44 contain constitutional laws and statutes that bar individuals with emotional or cognitive impairment from voting," said Kay Schriner, research fellow at the Fulbright Institute of International Relations.

"The only other group of Americans who face such disenfranchisement are convicted felons."

Research by Schriner and Lisa Ochs, assistant professor at Arkansas State University, has found that these laws, many of which were written during the 1700s and 1800s, reflected a general belief that people with developmental disabilities or mental illnesses were not capable of "making informed and intelligent political decisions".

And even though the attitudes may have changed, the laws have remained on the books, and are still often used to keep people from voting, according to this item from the University of Arkansas:
http://pigtrail.uark.edu/news/2000/oct00/VOTING_LAWS.html

Several advocacy groups have joined the Get Out The Vote! 2000 Campaign, to increase voter registration and turnout, and to ensure that the nation's 120,000 polling places are accessible to all voters with disabilities.

This website, hosted by the National Organization on Disability (NOD), contains information on the campaign, including ways to get involved:
http://www.nod.org/vote2000/vote2000.html

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Improving Voting Access Is A Must
November 6, 2000
UNITED STATES--"People with disabilities make up a large part of the American population, but are routinely shut out of the political process," wrote Kay Schriner in Friday's Pioneer Planet online.

"Their voices must be heard if they are to achieve first-class status as citizens. Until they do, American democracy is not fully accessible."

People with disabilities make up the largest minority group in the U.S. -- a group which is 20 percent less likely to vote than their counterparts who do not have disabilities, according to a 1996 Rutgers University Survey Research Center.

And while there are many physical and social barriers to voting, there are many things that are being done and that can be improved upon in order for people with disabilities to have true access to the voting process.

Schriner, a research fellow at the University of Arkansas' Fulbright Institute of International Relations, outlined some suggestions in this item from the Pioneer Planet:
"TOO MANY DISABLED PEOPLE SHUT OUT OF POLITICAL PROCESS"
http://www.pioneerplanet.com/seven-days/4/opinion/docs/012614.htm (EXPIRED)

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Politicians And Election Officials Dropped The Ball, Missed The Boat

November 16, 2000
UNITED STATES--In a nation that prides itself on liberty and the right to vote, it is ironic that so many barriers exist for a large group of current and potential voters -- the millions of Americans with disabilities.

"Only one state in the country, Rhode Island, publishes a Braille version of the voting guide and tactile ballots," writes BusinessWeek columnist John M. Williams, who himself has a disability.

"And out of 152,000 polling places, 29,000 are still inaccessible to wheelchair users, despite a federal law mandating such accessibility by 1986."

Another irony, writes Williams, is that politicians, many of whom won or lost (or will win or lose) by a handful of votes, did little to reach out to people with disabilities, even though disability issues figured more prominently than ever -- at least in talk. For example, during their huge telephone campaign drives, neither the Bush nor the Gore campaigns thought to use Telecommunications Devices for the Deaf (TDD) to reach hearing impaired voters.

Here is Williams' column from Wednesday's BusinessWeek on-line:
http://www.businessweek.com/bwdaily/dnflash/nov2000/nf20001115_559.htm

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New Machine Could Make Voting "EZ"
By Dave Reynolds, Inclusion Daily Express
February 1, 2001

MADISON, WISCONSIN--Could this be the beginning of the end for "dimpled", "dangling", or "pregnant" chads?

The University of Wisconsin's Trace Research and Development Center unveiled on Tuesday what may someday be the standard for future elections. It's an electronic voting device designed for people with and without disabilities called "EZ Access Voting".

This new technology makes it so people can vote independently and privately. It features a large print screen and easy to operate controls. It also reads information on the screen aloud to voters.

The Trace Center is talking with potential manufacturers about incorporating the design into future voting units.

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Advocates Angered Over Potential Voting Restrictions
By Dave Reynolds, Inclusion Daily Express
February 22, 2001

BREWER, MAINE--A group of about 80 disability rights advocates gathered Wednesday to protest the position, taken by the state's attorney general, that people with mental retardation should not be able to vote if they have had guardians appointed to them.

"People with mental retardation should be able to vote," said Marianne Preble, co-chairwoman of the self-advocacy Speaking Up for Us, a self-advocacy group for those with developmental disabilities. "I think that all voices should be heard."

Currently in the state of Maine, the right to vote is taken away from people who are "under guardianship for reasons of mental illness". Attorney General G. Steven Rowe said recently that he wants the law to be applied not just to people with mental illness, but also to anyone who is not able to understand the voting process. This could include people with mental retardation who have had guardians appointed to help them with important decisions or to make those decisions on their behalf.

Kristin Aiello, an attorney from the Maine Disability Rights Center, pointed out that Rowe's interpretation would essentially tell thousands of people -- many of whom have been voting for decades -- that they can no longer be a part of the election process.

"When you have a situation where a group has been able to vote all along, and then tell them that they can't, it's discrimination," Aiello explained.

The state's own office of the Secretary of State, which oversees elections, currently extends the right to vote to all but a handful of people with mental retardation who also have had guardians appointed to them.

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Disability Rights Advocates Tell Committee To Make Elections Accessible
July 25, 2001

TALLAHASSEE, FLORIDA--Last November, Florida and its election process had the world's attention. And at the center of that attention was the person responsible for that process, Secretary of State Katherine Harris.

The controversy over the system that ultimately determined who was to be the U.S. President, has caused lawmakers to call for a less controversial system.

Yesterday, disability rights advocates from around the state came to the Capitol to make sure that any new voting system is accessible to the hundreds of thousands of Florida voters with disabilities.

The St. Petersburg Times ran this item today:
http://www.sptimes.com/News/072501/State/Disabled_seek_greater.shtml

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No Complaints Filed From Voters
By Dave Reynolds, Inclusion Daily Express
August 28, 2001

LINCOLN, NEBRASKA--If there are accessibility problems with Nebraska's polling places, nobody's complaining about them.

A Legislative task force created to help the state avoid voting problems learned on Monday that over 90 percent of public and private polling places fully comply with state law and the Americans with Disabilities Act.

The Nebraska Secretary of State's office is currently surveying election officials in the state's 93 counties. Of those, 66 have responded.

Three county election officials on the task force, along with the deputy secretary of state for elections, all said that they had not received a single complaint from a voter with a disability who was not able to vote.

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Proposed Bill Would Require Accessible Voting Machines
October 8, 2001

BOSTON, MASSACHUSETS--A bill before the state Senante's Ways and Means Committee would require that any new voting machines in cities and towns would be accessible to voters with disabilities.

''We have seen our policies nationally reflect the sentiment that discrimination against disabled individuals in all public services is wrong, and I believe that protecting the rights of disabled people extends to voting as well,'' state Senator Cynthia S. Creem, the bill's author, told the Boston Globe.

''Ensuring disabled individuals the ability to vote privately, without assistance, is a goal we must strive to achieve.''

This link should redirect you to the story from Sunday's Boston Globe:
http://www.inclusiondaily.com/news/red/1008a.htm

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Ten Years After ADA, Elections Far From Accessible
By Dave Reynolds, Inclusion Daily Express
October 18, 2001

WASHINGTON, DC--A report relased earlier this week by the U.S. General Accounting Office (GAO) shows that more than half of the voting jurisdictions across the country experienced problems in conducting the federal elections last November.

The report, which was requested by Congress after the 2000 elections, found that a high percentage of polling places were not accessible to people who used wheelchairs or had vision or hearing disabilities.

"The GAO's report is hardly news to the millions of Americans with disabilities," said Jim Dickson of the Disability Vote Project for the American Association of People with Disabilities (AAPD) in a press release. "We have been struggling for years to get local election officials to give us adequate access to polling places."

"We cannot afford to have our voting apparatus randomly discriminate or to have our voting system appear to breakdown for some Americans," added Dickson.

"Disabled Americans are counting on Congress to make voting accessible to all eligible voters before the 2002 elections."

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Advocates Sue Florida's Secretary Of State Over Voting Systems Purchase
By Dave Reynolds, Inclusion Daily Express
November 9, 2001

JACKSONVILLE, FLORIDA--On Thursday, the American Association of People with Disabilities (AAPD) filed a class action lawsuit against Florida's Secretary of State Katherine Harris and the Duval County Supervisor of Elections claiming the county has purchased new voting systems that are not accessible to voters with disabilities.

In its complaint AAPD says Duval County, which includes Jacksonville, has decided to purchase around 300 new voting machines, only four of which will be accessible. AAPD contends that this is a violation of the Americans with Disabilities Act and Florida's own Constitution that guarantees each citizen the right to a "direct and secret vote".

"We've been struggling for years to get local election officials to give us adequate voting access," said Jim Dickson, vice president of AAPD in a press release. "When it comes to accessible voting technology, we are told it is too expensive."

"Why, more than ten years after the passage of the Americans with Disabilities Act, is Duval County discriminating against disabled voters by replacing old inaccessible voting equipment with new inaccessible voting equipment? And why is the Secretary of State allowing it?"

The Florida Department of State currently allows counties to purchase optical scan voting systems, which do not let voters who have visual or certain physical disabilities to cast a direct and secret ballot, and touch screen systems which can be made accessible to such voters only when modified. Duval County is planning on purchasing just four touch screen machines, the statement said.

"Over half of all polling places in America are not fully accessible to people in wheelchairs," said Dickson. "And for the 10 million blind and low vision Americans, exercising the right to vote does not currently include casting an independent secret ballot."

"Americans with disabilities should not have to sue every jurisdiction in the country just to exercise their right to vote," Dickson added.

On a related note, the New York Times reported Thursday that Republicans and Democrats in the U.S. House of Representatives have reached agreement on a bill to overhaul the nation's election system. The measure would provide $2.25 billion to the states over three years to purchase new equipment and registration systems and an extra $400 million to buy out old punch-card voting machines.

The bill would provide money to the states to help overhaul their voting systems if the states met certain minimum standards. One of the standards would require that new voting systems provide "a practical and effective means" for voters with disabilities to cast ballots in secret.

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State Panel Recommends Changes In Voting Laws
January 15, 2002

TALLAHASSEE, FLORIDA--On Friday, a state panel presented a Florida lawmakers with a list of recommendations designed to help make Florida's voting process accessible to voters who have disabilities.

The report was compiled by the Select Task Force on Voting Accessibility, which was established by Florida Secretary of State Katherine Harris following pressure from disability rights groups to change the election laws that currently do not allow such voters to exercise their right to cast a secret ballot.

Just two months ago, the American Association of People with Disabilities (AAPD) filed a class action lawsuit against Harris and the Duval County Supervisor of Elections claiming the county purchased new voting systems that are not accessible to voters with disabilities.

The suggestions made by the panel, which included several people with disabilities, are included in this article from Saturday's Miami Herald:
http://www.miami.com/herald/content/news/local/florida/digdocs/079857.htm

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Voting Accessibility Measure Clears State House Committee
By Dave Reynolds, Inclusion Daily Express
February 20, 2002

TALLAHASSEE, FLORIDA--A bill that would allow thousands of Florida voters with disabilities to exercise their right to a secret ballot was passed by a state House committee Tuesday.

The measure would require the state to provide an alternative ballot or voting machine so anyone with a disability could cast a secret, independent and verifiable ballot. A similar bill is pending in the Senate but has not yet been heard by a committee.

According to the St. Petersburg Times, State Representative Larry Crow, who sponsored the bill, called it "an issue of fundamental fairness."

"Americans once objected to letting women and minorities vote," Crow said. "We all know these things were abhorrent. People with disabilities fall into the same category."

The bill now goes to the House appropriations committee, where its estimated $58 million price tag casts some doubt on its final passage, election supervisors say.

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Voting Access Bill Passed By Florida House
By Dave Reynolds, Inclusion Daily Express
March 20, 2002

TALLAHASSEE, FLORIDA--A measure that would make the secret ballot a reality for Florida voters moved one step closer to becoming law Tuesday.

In a 116-2 vote, the state House passed HB 1645, which would require polling places to have accessible voting equipment.

The bill came after recommendations from a special task force appointed by Secretary of State Katherine Harris. Disability rights advocates had threatened to sue the state for discrimination if accessibility was not addressed.

"The House stood on the constitution and said people with disabilities are not second class citizens," said Doug Towne, a blind advocate who pushed for the measure.

The measure would require all polling places to provide machines with audio systems for voters that are blind or do not read, and to meet other federal accessibility standards, including wheelchair access. Many polling places are in churches, which currently do not have to follow such laws.

Opponents of the bill expressed concerns about how to pay the estimated $9 million needed statewide to comply with the measure.

The bill now goes to the state Senate for approval, according to an Associated Press story.

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Alaska Will Have Accessible Voting Machines
By Dave Reynolds, Inclusion Daily Express
April 4, 2002

JUNEAU, ALASKA--For years, advocates for voters with disabilities have been pushing for an election process that would allow them to exercise their right to cast a secret ballet. A new law in Alaska will make that soon become a reality.

Last month, Governor Tony Knowles signed H.B. 320 directing the state's Division of Elections to provide technology so voters who are blind, have vision problems, or do not read for other reasons, can cast "private, independent and verifiable ballots." The bill, named the "Frank Haas Act" in memory of a long time disability rights advocate, was passed by lawmakers quickly with bipartisan support.

"Our goal here has always been to treat voters the same," division director Janet Kowalski, told Federal Computer Week. "What the legislation says is that anytime the Division of Election buys electronic balloting equipment, it must be disabled-accessible."

Kowalski said the state plans to test some machines during the general election in November, including a device that would enable voters to navigate their choices with an electronic button while listening on a headset.

The state legislature is considering a special capital improvement fund to help pay for electronic voting machines, she added.

"With the revolution in technology, it's just far easier for election administrators to put these machines in place," Kowalski said.

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Elections Accessibility Included In Election Reform Measure
By Dave Reynolds, Inclusion Daily Express
April 12, 2002

WASHINGTON, DC--By an impressive 99 to 1 vote, the U.S. Senate Thursday passed a bill designed to reform the nation's elections procedures.

The Senate bill authorizes $3.5 billion in grants to help state and local governments replace outdated voting machines, upgrade election procedures and comply with federal standards, including those guaranteeing a secret ballot for voters with disabilities. The House bill would provide up to $2.65 billion.

Nearly twelve years after Congress passed the Americans with Disabilities Act, a large percentage of voting places are not accessible to people who use wheelchairs, and do not have voting systems that allow people to cast a secret vote. Disability rights advocates have been pushing for changes in election procedures and equipment for years.

The measure now goes to a committee of Senators and members of the House of Representatives who will work out the differences between this bill and one passed by the House in December.

More details on the election reform package are available in this story from Friday's Los Angeles Times:
http://www.latimes.com/news/politics/la-041202vote.story

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Justice Department Claims States Violated Voters' Rights In 2000
By Dave Reynolds, Inclusion Daily Express
May 22, 2002

WASHINGTON, DC -- The U.S. Department of Justice announced Tuesday that it will file lawsuits against counties in Florida, and cities in Missouri and Tennessee, for allegedly violating voters' rights during the November 2000 presidential election.

Assistant Attorney General Ralph Boyd told Senate Judiciary Committee members that the suits will claim that, among other things, discriminatory treatment was given to minority voters, that voters with limited understanding of English were not given bilingual assistance, and that proper access was not provided for voters with disabilities.

The department received more than 11,000 complaints from voters after the general election. Boyd said those complaints were reduced to 14 active investigations and the five potential lawsuits. The suits will be filed within the next two months.

The official results of the extremely close vote were delayed for several weeks because of disputes over how certain Florida counties counted their votes. The disputes went all the way to the U.S. Supreme Court before being resolved and George W. Bush was declared the winner in Florida and the nation.

Disability rights groups have been active since before the 2000 election, pushing for accessible polling places and voting machines so voters can exercise their right to cast a secret ballot.

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Nation's Capital First To Have Accessible Voting
By Dave Reynolds, Inclusion Daily Express
August 16, 2002

WASHINGTON, DC--In May of 2004, the District of Columbia will become the first major metropolitan area in the U.S. to make elections fully accessible to people who are blind or who cannot use their hands to vote.

The Disability Rights Council of Greater Washington (DRC) and the American Association of People with Disabilities (AAPD) on Thursday announced a settlement agreement with the District's government and Board of Elections and Ethics. The agreement settles a suit filed in 2001 by the two organizations, along with several blind voters and a quadriplegic voter who cannot privately use printed ballots or the new optical scan system recently purchased by the District.

The plaintiffs claimed that the optical scan system violates the 1990 Americans with Disabilities Act because it does not allow voters with certain disabilities to cast a secret ballot. The optical scan system requires voters to mark paper ballots with a pencil. Blind voters and voters that cannot use their hands to mark a ballot must have another person in the voting booth in order to vote.

Under the settlement, at least one accessible voting machine will be available in each polling place throughout the district by May 2004. These accessible machines allow voters to make their selections by touching a video screen, much like accessible ATM bank machines. Blind voters can listen to an audio reading of the ballot. Voters who cannot use their hands can tap the screen or answer verbally.

"We are proud that DC will become the first major metropolitan area in which all voters can vote independently and in secret," said Linda Royster, Executive Director of the DRC, in a media release. "We hope that DC’s lead will be followed all over the country."

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Election Reform Package Includes Money For Accessible Voting Methods
By Dave Reynolds, Inclusion Daily Express
October 23, 2002

WASHINGTON, DC--A $3.9 billion election reform bill passed by Congress includes money for states to provide machines that are accessible to voters with disabilities, the Federal Computer Week reported Tuesday.

Under the bill passed before members went home to run for re-election, each state is guaranteed at least $5 million to buy new voting equipment and improve voting procedures.

An additional $100 million is earmarked to ensure that each precinct across the country has at least one voting machine that can be used by people with disabilities. That probably means the states will be buying electronic touch screen voting machines, which currently are the most accessible, said Doug Lewis, director of the Texas-based Election Center.

Over the next three years, the law will target $325 million for "buying out" and eliminating punch card and lever voting machines. Punch cards were at the center of the controversial November 2000 presidential election.

The bill waits for President Bush to sign it into law.

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Voters With Disabilities May Cast Private Ballot For The First Time
November 1, 2002

AUGUSTA, GEORGIA--All of the polling precincts in Columbia and Richmond counties are accessible for people with disabilities, election officials reported Thursday.

For voters in Augusta, this also means new accessible voting machines. The new machines are adjustable for wheelchair users and have headphones and a keypad for voters who are blind.

"It's important for everyone to vote, not just those who are physically able," said Adrena Clegg, who has muscular dystrophy.

The following brief article ran in Wednesday's Augusta Chronicle online:
http://augustachronicle.com/stories/103102/met_155-6738.000.shtml

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Florida Election Access Suit Moves Forward
By Dave Reynolds, Inclusion Daily Express
November 21, 2002

JACKSONVILLE, FLORIDA--Until voting equipment at local polling places is fully accessible to voters with disabilities, three Duval County residents say they will stand by a lawsuit they filed against elections officials.

Daniel O'Connor, Kent Bell and Beth Bowen are blind voters who sued state and city officials, including Supervisor of Elections John Stafford. They claim Duval County violated the Americans with Disabilities Act last year when it purchased new optical scan voting machines that cannot be used by voters who are blind or do not read or who do not use their hands.

The three want all polling locations to have machines that would read ballots out loud and that would allow voters to select candidates without using their hands.

Earlier this fall, President George W. Bush signed legislation that calls for millions of federal dollars to be given to states to make sure that they have voting procedures and polling places that are accessible to people with disabilities. A Florida law also requires voting machines to be accessible by the 2004 elections.

But neither the state nor the federal government has set aside the money needed to enact these laws.

The three say they want to keep up the pressure to make sure election officials stand by their word and follow the new laws.

Troubles with the 2000 general election prompted election officials across the country to quickly purchase new voting equipment. Unfortunately, much of that equipment is not accessible to voters with certain disabilities. More suits are expected over the next year, according to the Jacksonville Times-Union.

"The Americans with Disabilities Act is very clear that at the point where an entity of government is buying a new anything, it must be accessible," said Jim Dixon, vice president for government affairs at the American Association of People with Disabilities. "Jacksonville buying an inaccessible voting system is the same thing as putting up a new county building and only having stairs."

More details are available from Tuesday's Times-Union:
http://www.times-union.com/tu-online/stories/112002/met_11016588.shtml

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Village Will Be First To Use Touch-Screen Voting Machine
March 7, 2003

CELORON, NEW YORK--Tuesday's Buffalo News ran a brief item about the suburban community of Celoron which will make history next week.

On March 18, the village will become the first in upstate New York to use an electronic voting machine.

All counties are to have accessible voting machines in place by 2006 as required by the Help America Vote Act of 2002.

"That law specifically requires that all mechanical lever machines not be the machine that's available for handicapped voters for federal elections," said Norman Green, Democratic election commissioner.

Full article:
"Village will use touch-screen voting machine" (Buffalo News)

http://www.buffalonews.com/editorial/20030304/1016971.asp

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