California: Disabled often banned from voting in Los Angeles, complaint says | Associated Press

At a time when election officials are struggling to convince more Americans to vote, advocates for the disabled say thousands of people with autism spectrum disorder, cerebral palsy and other intellectual or developmental disabilities have been systematically denied that basic right in the nation’s largest county. A Voting Rights Act complaint to be filed Thursday with the U.S. Justice Department goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? The complaint by the Disability and Abuse Project argues that intellectual and developmental disabilities, including conditions such as Down syndrome, are not automatic barriers to participating in elections. It seeks a sweeping review of voting eligibility in Los Angeles County in such cases, arguing that thousands of people with those disabilities have lost the right to vote during the last decade. “We want these past injustices to be corrected, and we want the judges and court-appointed attorneys to protect, not violate, the rights of people with developmental disabilities,” Thomas F. Coleman, the group’s legal director, said in a statement.

California: Thousands with disabilities denied right to vote in California, group says | Associated Press

At a time when election officials are struggling to convince more Americans to vote, advocates for the disabled say thousands of people with autism spectrum disorder, cerebral palsy and other intellectual or developmental disabilities have been systematically denied that basic right in the nation’s largest county. A Voting Rights Act complaint to be filed Thursday with the U.S. Justice Department goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? The complaint by the Disability and Abuse Project argues that intellectual and developmental disabilities, including conditions such as Down syndrome, are not automatic barriers to participating in elections. It seeks a sweeping review of voting eligibility in Los Angeles County in such cases, arguing that thousands of people with those disabilities have lost the right to vote during the last decade. “We want these past injustices to be corrected, and we want the judges and court-appointed attorneys to protect, not violate, the rights of people with developmental disabilities,” Thomas F. Coleman, the group’s legal director, said in a statement.

Maryland: Blind voters suing elections board in hope of online ballot | Maryland Reporter

A blind voter who had a “horrific” experience voting during the primary election has filed a new complaint against the state election board, adding to the list of grievances in a lawsuit initiated by the National Federation of the Blind in May. One of the original plaintiffs, Janice Toothman, is seeking an unspecified amount of damages for what she says was a bungled voting experience that left her without the ability to vote privately or independently. Toothman, 52, is deaf and blind with a limited ability to hear. … Election officials eventually determined Toothman’s voting card was not properly programmed as a “non-visual ballot,” an observation Toothman originally offered. Toothman’s voting card was updated which allowed for sound in the headset, but Toothman said she had difficulty hearing due to background noise in the voting station and the low volume of the head set.

New York: Court OKs improved polling places for disabled | Associated Press

A lower court judge acted properly when she ordered changes at New York City polling places to improve access for the disabled, a federal appeals court said Wednesday. The written decision by the 2nd U.S. Circuit Court of Appeals in Manhattan came in a lawsuit filed in 2010 on behalf of more than a half-million New York residents with mobility and vision disabilities.

National: Turnout for Voters with Disabilities Suffers | The Canvass

People with disabilities continue to vote at a lower rate than most others. Turnout in recent decades has improved slightly since federal laws were passed to ensure people with disabilities have access to voting polls. Study after study, however, shows these voters lag behind other cohorts when it comes to registration and participation in elections. The Research Alliance for Accessible Voting used U.S. Census data to show in a survey report that there was a disability turnout gap of 7.2 percent during the 2008 presidential contest and 5.7 percent in 2012. “There has been a fair amount of progress but we still have a long way to go,” said Jim Dickson, who co-chaired a voting rights working group for the National Council on Independent Living.

Guam: Center ensures accessible voting: Voters with disabilities are encouraged to vote | Pacific Daily News

The Guam Legal Services Corporation-Disability Law Center has a vested interest in accessible voting. Our office works to ensure that individuals with disabilities have access to polls and cast private and independent ballots. The right to vote is an important issue for all citizens because it is our way of guaranteeing that the government hears our voices and provides for the needs of all individuals. This was the movement behind the American with Disabilities Act, the Americans with Disabilities Act Amendment Act, and the Help America Vote Act.

Canada: Limited Internet & telephone voting available for Toronto municipal election | 680News

Limited Internet and telephone voting will be available for Toronto’s upcoming municipal election, but only for residents with disabilities. The city said Thursday that the service will be available during advance voting from Oct. 14-19. “We are very excited to be conducting this pilot project,” city clerk Ulli Watkiss said in a statement. “It is important that our electoral services are accessible and create positive voting experiences for all. By providing greater choices we are working to make voting more accessible to persons with disabilities.”

Malawi: Blind Voters Push for Tactile Ballots | VoA News

Malawians who are blind are pushing the Malawi Electoral Commission to make available tactile ballot guides (TBG) for them to cast their votes independently.  In previous elections, they have been relying on guides who do the marking for them. They argue that such an arrangement violates their right to choose because they were not sure if their guides had really marked on the candidate of their choice. An advocacy group for the rights of people who are deaf and blind, the Visual Hearing Impairment Membership Association, said that tactile ballots will help ensure the full participation of the disabled in the elections. “The issue is that these people seem not to be assisted in the past elections. Yes, there might have been some problems [on the part on the commission] in the past, but this time we are saying ‘no, no, no.’  These people by nature have a right to vote as human beings and children of this country,” said Hockings Munyenyembe,  program manager for the association.

Ireland: Case taken over voting rights of visually impaired | The Irish Times

A campaigner for the visually impaired has brought a High Court action alleging the State has failed to provide a suitable mechanism enabling those with sight difficulties to vote by secret ballot. Robert Sinnott, a representative of the Blind Legal Alliance, argues there is no mechanism allowing him or other visually impaired people to cast their vote in a manner respecting the secrecy of their votes.

Indonesia: Election Commission sued for providing no braille templates | ANTARA News

The Indonesian General Elections Commission (KPU) will be sued by several associations for the blind grouped under “Forum of Contesting Blind” over the absence of braille templates for blind voters in the legislative elections 2014. “We will fight the injustice, what the KPU has done against blind voters. We will file a lawsuit against the KPUs decision of not providing braille templates for us,” Suhendar, the forums chairman, said here on Tuesday. The lawsuit will be filed in the Constitution Court or the State Administrative Court (PTUN).

Voting Blogs: If you provide it, they still might not come: Marin County CA surveys disabled voters about voting | electionlineWeekly

Marin County, Calif.’s Registrar of Voters Elaine Ginnold was faced with a vexing problem. Since installing accessible ballot-marking devices in each precinct in 2006 in the Bay Area county, on average no more than seven disabled voters used the machines per election. The machines were there to make voting easier, but why weren’t voters using them? Ginnold had heard of no problems with the machines themselves and only anecdotally heard about voting preferences of some disabled voters. “We wondered why more voters weren’t using the accessible ballot marking machine at the polls, which are required by the Help America Vote Act [HAVA],” Ginnold said. “We wondered if we needed to do more outreach to encourage voters to use them. We also wondered if there could be accessibility issues we didn’t know about.”

Malta: Government exploring new technology to safeguard blind voters’ privacy | Malta Today

Representatives of the visual impaired in Malta have renewed their appeal to the government to amend electoral laws, and allow blind voters to have a person they trust assisting them while casting their vote. Currently, representatives from the Electoral Commission and the political parties assist the blind voters. “But we feel uncomfortable to vote by showing our voting preferences to four unknown persons that we have never met in our life. We deserve our privacy,” Frans Tirchett said on behalf of the visually impaired. He told Sunday newspaper Illum how they have been lobbying for legal amendments for years, but so far, its efforts, most recently a failed 2007 court case, were all in vain.

National: Presidential panel advises sweeping voting overhaul | The Hill

A panel commissioned by the White House to examine the nation’s voting laws after some Americans were forced to wait hours to cast their ballots during the 2012 presidential election presented President Obama with a report on Wednesday calling for a dramatic overhaul of the nation’s electoral practices. After studying the nation’s election laws for the past six months, the Presidential Commission on Election Administration argued that through “a combination of planning… and the efficient allocation of resources,” local jurisdictions could cut wait times at the polls to less than half an hour. “Problems that hinder the efficient administration of elections are both identifiable and solvable,” the commission wrote in its 112-page report. The panel recommended a dozen major changes to electoral practices, including an expansion of online voter registration and early voting.

Canada: Toronto studies internet voting | Metro

Toronto is working on a system to let people with disabilities vote over the Internet, but members of the disabled community are urging the city to provide that option to all eligible voters. “There’s no reason to create a system just for people with disabilities,” said John Rae, a board member of ARCH Disability Law Centre. “If we’re going to start Internet voting, it should be available to all citizens,” said Rae, who is blind. … While increasing participation is a worthy goal, Councillor David Shiner said he’s concerned about voter fraud. “The concern with Internet voting is knowing who’s really on the other end,” said Shiner. “I’m really concerned about abuses.” Shiner doesn’t think traditional voting at a polling place isn’t that onerous since it’s usually only a short walk. “Making a small effort to get out to a polling station isn’t too much to ask,” said Shiner, chair of council’s government management committee.

South Carolina: Survey notes accessibility problems for Richland Co. voters with disabilities | The State

When Richland County voter Dori Tempio went to cast her ballot in November’s library referendum, a poll worker held the voting machine on her lap. She asked for privacy. He turned his head. “The person could see what I was voting,” said Tempio, 43, who uses a wheelchair. “Other people walking by could see what I was voting. … That makes you somewhat uncomfortable.” Tempio said she considers voting to be a sacred right; she has voted in every election since she turned 18. But a survey of Richland County precincts by Protection and Advocacy for People with Disabilities, Inc., found many residents with disabilities faced barriers when trying to exercise their right to vote Nov. 5. The survey identified a lack of accessible ballots as the top issue, affecting 63 percent of Richland County precincts.

Editorials: U.S. Elections Face A Crossroads On Rights And Technology | Tammy Patrick/Forbes

Most Americans believe that voting is their right, like freedom of speech or freedom of religion. But the right to vote doesn’t appear anywhere in the Constitution. Americans have historically faced legal obstacles to voting based on race, property ownership, gender, or age, while others were limited based on procedural confines such as poll taxes and literacy tests. Some of these restrictions were statutory. Others were administrative and further defined by court decisions and opinions. For example, here in Arizona, Native Americans did not get the right to vote until 1948 through a court case challenging a 1928 decision that denied that ability. Regardless of when or how certain groups have won enfranchisement, election administrators, voters, and advocates need to consider how technology can be an empowering force to ensure eligible voters have easy access to the process.

Arizona: Elections catching up with technology: Changes piloted in November in Pima County | Tucson Citizen

Goodbye, unwieldy manual signature roster books. Hello, tablets. Under a pilot project being implemented by Pima County in the Nov. 5 Vail incorporation election, voters who go to the polls will be able to use a mobile computer that’s smaller than a laptop to sign for their ballots. … The polling places also will no longer use precinct-based scanning equipment. Instead, voters will drop their ballots into a secure box that is under observation at all times by poll workers and then securely transported to a central tabulating facility at the Elections Office located at 6550 S. Country Club Road. Independent observers will continue to oversee the process and results will be audited.

Editorials: Thoughts on Judge Posner’s Admission of Error on the Indiana Voter ID Law | Paul M. Smith/ACS

As the lawyer who argued the constitutional challenge to the Indiana Voter ID law in the Supreme Court in 2008, I was both fascinated and pleased to hear that Judge Richard Posner – the author of the Seventh Circuit majority opinion affirmed by the Supreme Courtin Crawford v. Marion County Elections Board – has now publicly stated that he was wrong.  It is refreshing, if not unprecedented, for a jurist to admit error on such a major case.  I was a little less pleased to see that he attempted to excuse his error by blaming the parties for not providing sufficient information to the court.  As he put it in an interview quoted in the New York Times, “We weren’t given the information that would enable that balance to be struck between preventing fraud and protecting voters’ rights.”  Really?  The information provided was enough for the late Judge Terence Evans, dissenting from Judge Posner’s decision, to say quite accurately: “Let’s not beat around the bush:  The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage election-day turnout by folks believed to skew Democratic.”

Editorials: North Carolina’s Attack on Voting Rights | The Daily Beast

For the first time since her 2008 presidential campaign, Hillary Clinton has stepped into the partisan politics of the moment. Speaking to the American Bar Association’s annual meeting in San Francisco yesterday, the former secretary of state slammed a “sweeping effort to construct new obstacles to voting, often under cover of addressing a phantom epidemic of ‘election fraud.’” What’s more, she argued, we must fix the “hole opened up” by the Supreme Court’s ruling in Shelby County v. Holder which gutted a core provision of the Voting Rights Act. Otherwise, she warned, “[C]itizens will be disenfranchised, victimized by the law instead of served by it and that progress, that historical progress toward a more perfect union, will go backwards instead of forwards.” That Clinton gave a speech on voting rights was fortuitous, since yesterday was also when North Carolina Republicans passed a sweeping set of changes to the state’s election law. These measures were proposed just one week after the Court’s ruling, and were rushed through the state legislature. GOP Governor Pat McCrory calls them “common sense” measures, designed to “ensure the integrity” of the ballot box and “provide greater equality in access to voting to North Carolinians.” And that’s true, if you rob those words of their actual meaning.

National: President’s election commission heads to four states | Yahoo! News

A White House commission tasked with making voting improvements after lengthy wait times were reported in the 2012 election is hitting the road. The president’s Commission on Election Administration, which met for the first time on Friday, announced it will hold upcoming hearings in four states: Florida, Pennsylvania, Colorado and Ohio. Co-chair Bob Bauer, President Barack Obama’s former counsel, said they will hold “a public meetings process around the country that enables us to hear from election officials, from experts and from citizens in affected communities about the voting experience and their perspective on the issues they should be covering.” Bauer and co-chair Ben Ginsberg, former counsel for Mitt Romney, invited election experts and members of the public to participate. “Please help us to ferret out the information we need,” Bauer said. Hearing specifics are still slim. Known so far: They are scheduled for June 28 at the University of Miami, Aug. 8 in Denver, Sept. 4 in Philadelphia and Sept. 20 somewhere in Ohio.

National: White House to set president’s election commission in motion next month | Yahoo! News

We know little about President Barack Obama’s new Commission on Election Administration except for its structure, as outlined in the executive order that explains its task is to improve voting in America, and the names of its two appointed co-chairs: Obama’s former counsel Bob Bauer and Republican attorney Ben Ginsberg, who worked for Mitt Romney. But while it has yet to explain its methodology or get together a full staff (the executive order directs that no more than nine members are to be appointed) the commission—an idea born on election night 2012 when Obama declared we “have to fix” long lines at the polls—is about to get to work. Steve Croley, deputy White House counsel, told Yahoo News the White House is gearing up to announce the committee’s full roster next month and set the group to work. The committee, he said, will be a mix of individuals including “several people who basically run elections for a living” at the state, county or local levels, in addition to those working on the private side. No other details were offered about commissioners.

National: New GAO Report on Voting Accessibility | USACM Tech Policy

Almost all polling places had an accessible voting system during the 2008 elections, according to a new report by the U.S. Government Accountability Office (GAO). That’s the good news. The bad news: At nearly half of the polling places with an accessible voting system, voters with disabilities still faced barriers to voting independently and privately. For example, some accessible voting systems were set up at voting stations inaccessible to wheelchairs; others lacked headsets for blind and visually impaired voters to hear the audio; and some accessible voting systems were on site but not placed into use.

Guam: Judge dismisses disabilities case against Guam Election Commission | Pacific Daily News

A lawsuit against the Guam Election Commission alleging it violated several local laws was dismissed in the Superior Court of Guam on Monday. Former Democratic Party Executive Director Carlo Branch in January 2011 sued the Election Commission, saying it had violated Guam open government laws and the Americans with Disabilities Act. The case went before Judge Arthur Barcinas in November last year and the decision to dismiss the case was made on April 22.

National: Obama signs order creating election reform commission | Politico.com

President Obama signed an executive order Thursday creating the Presidential Commission on Election Administration, a panel tasked with formulating suggestions on how to cut down on long lines to vote and other problems that plagued voters in 2012. Obama announced plans to launch the effort — co-chaired by lawyers Bob Bauer and Ben Ginsberg who represented the Obama and Romney campaigns, respectively, during the 2012 election — during his State of the Union address. But the White House hadn’t offered details on how the commission would work until Thursday. The order directs the nine-member panel to produce a report for Obama within six months of its first public meeting that will “identify best practices and otherwise make recommendations to promote the efficient administration of elections in order to ensure that all eligible voters have the opportunity to cast their ballots without undue delay, and to improve the experience of voters facing other obstacles in casting their ballots, such as members of the military, overseas voters, voters with disabilities, and voters with limited English proficiency.”

Michigan: Bill would let voters with disabilities sign with stamps | Lansing State Journal

If state Rep. Andy Schor has his way, voting will be uneventful the next time Lee Abramson casts his ballot. The East Lansing man — unable to hold a pen because of amyotrophic lateral sclerosis — won’t have to vote twice or have an election official pay him a visit. He’ll simply sign his ballot envelope with his signature stamp and know his vote will be counted. Schor took action Friday by proposing to change election law that narrowly dictates how voters with disabilities must sign their absentee ballots.

Indonesia: Election Commission Vows to Ensure Voting Rights for Disabled People in 2014 | The Jakarta Globe

The General Election Commission (KPU) said on Monday it would guarantee that disabled people in Indonesia would be able to exercise their right to vote in the upcoming election. “This is not about increasing the participatory rate in the election — we are hoping there will be no discrimination against the disabled community,” KPU head Husni Kamil Manik said on Monday. Husni said the KPU was drafting a special regulation for disabled people to ensure the opportunity to use their voting rights and have convenient access to voting centers. The commission also signed a memorandum of understanding with several nongovernmental organizations focusing on increasing the participation of disabled people in Indonesian elections. “We must have an honest and fair election, accessible and nondiscriminatory. We hope this cooperation between the KPU and civil societies will pave a better way for Indonesian disabled to use their voting rights,” said Ariani Soekanwo, the chairwoman of the Center for Election Access for Citizens with Disabilities (PPUA Penca).

Nebraska: Secretary of State Gale testifies in support of reducing in-person early voting days | Nebraska City News-Press

Secretary of State John Gale testified today in support of LB271 which would reduce the number of in-person early voting days in Nebraska from 35 to 25. The bill, sponsored by Senator Scott Lautenbaugh, arose from a complaint filed under the Help America Vote Act against the Lancaster County Election Commissioner’s office by a visually impaired voter. She was unable to vote in early October, due to the unavailability of the AutoMARK machine, which allows disabled voters to cast an unassisted ballot at their precinct. Following a hearing on that complaint, the hearing officer recommended that in-person early voting days be reduced to 25. Speaking to the Government, Military and Veterans Affairs committee, Gale said that the recommendation made by the hearing officer and supported by the proposed legislation, was the simplest and most accommodating way to address the problem.

National: Presidential Voting Commission To Be Chaired By Obama, Romney Campaign Lawyers | Huffington Post

The two top lawyers for the presidential campaigns of President Barack Obama and Mitt Romney will co-chair an independent presidential commission on election reform, the president announced during his 2013 State of the Union address. “We must all do our part to make sure our God-given rights are protected here at home,” Obama said, according to his prepared remarks. “That includes our most fundamental right as citizens: the right to vote. When any Americans — no matter where they live or what their party — are denied that right simply because they can’t wait for five, six, seven hours just to cast their ballot, we are betraying our ideals. That’s why, tonight, I’m announcing a non-partisan commission to improve the voting experience in America,” Obama continued. “And I’m asking two longtime experts in the field, who’ve recently served as the top attorneys for my campaign and for Governor Romney’s campaign, to lead it. We can fix this, and we will. The American people demand it. And so does our democracy.”

Voting Blogs: Will the Bauer-Ginsberg Election Reform Commission Improve Our Dismal Election System? | Rick Hasen/Election Law Blog

During tonight’s State of the Union speech, the President made the following remarks:

But defending our freedom is not the job of our military alone.  We must all do our part to make sure our God-given rights are protected here at home.  That includes our most fundamental right as citizens:  the right to vote.  When any Americans – no matter where they live or what their party – are denied that right simply because they can’t wait for five, six, seven hours just to cast their ballot, we are betraying our ideals.  That’s why, tonight, I’m announcing a non-partisan commission to improve the voting experience in America.  And I’m asking two long-time experts in the field, who’ve recently served as the top attorneys for my campaign and for Governor Romney’s campaign, to lead it.  We can fix this, and we will.  The American people demand it.  And so does our democracy.

Here the President has followed up on his “we can fix that” statement about long lines from his victory speech on election night and his reiteration of the point in his inauguration speech. The issue is now officially on the agenda.

Oklahoma: New Voting Machine Helps Oklahoma Visually Impaired Cast their Ballot | KOKH

The Oklahoma State Election Board demonstrates how a new voting machine can help visually impaired voters cast their ballot on Election Day. “It is an interface that allows voters with disabilities to vote without assistance while the regular voting is still going on,” said Pam Slater with the Oklahoma State Election Board. The new voting machine uses an audio-tactile interface (ATI) which allows blind voters to listen and scroll through an audio version of the general election ballot to make their choices. “It is very easy to feel around and feel exactly what you need,” said Cathy Tuton who is visually impaired. “It tells you everything you need to know.”