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Americans with disabilities face extra challenges when exercising their suffrage. According to Abilities United, over 16% of Americans are considered to have either a physical, developmental, or learning disability. [1] The barriers that 33.7 million persons with disabilities face within the American electoral process include: access to polling information, physical access to polls, current and future laws that deal with the topic, and the moral implications regarding the varying levels of both physical and cognitive disabilities and the act of voting. [2]
Disability |
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Multiple sources report that persons with disabilities comprise one of the most disenfranchised groups within American society. [3] As a result, Americans with both physical and cognitive disabilities are amongst the least politically engaged members of the electorate. For example, during the 2012 election cycle, 11% fewer residents with disabilities turned out to vote than nondisabled Americans. [3] According to a 2013 report written by Rutgers University professor Lisa Schur, as many as three million more citizens with disabilities would have turned out to vote had they voted at the same rate as non-disabled citizens. [1]
Voter identification laws greatly impact accessibility to polls for those with disabilities. As the largest population of citizens without drivers licenses, persons with both physical and cognitive disabilities face the obstacle of strict identification laws at polling places within some states. [1] Within stricter states (see photo below), many disabled persons who do not have physical identification cards are required to submit absentee ballots. [4] The National Conference of State Legislatures (NCSL) provides a web page with ID requirements for voting in each state, and those with the strictest requirements often present the largest challenges to disabled Americans. [5]
Many polling places are considered to be nearly entirely inaccessible to persons with disabilities. Within the past several years, the Federal Election Commission has reported that more than 20,000 polling places across the nation are not fully accessible for disabled individuals. In 1999, the New York Attorney General stated that fewer than 10% of upstate polling facilities were fully compliant with state and federal laws. [2] A leading theory that attempts to explain the lack of political engagement within disabled communities deals primarily with physical access to polling places. The failure to comply with state and federal laws can manifest itself in many ways, but typically results in a lack of functional wheelchair ramps, sparse placement of accessible entrance signs, and generally inaccessible physical voting booths. [3] As a result, resources and physical aides such as Help America Vote Act-mandated voting machines are utilized for federal elections and aim to assist persons with disabilities. [1]
One of the most popularly utilized methods of combatting these problems in recent years has exhibited itself in the utilization of electronic voting machines. Because "punch card" and "lever" voting machines are often inaccessible to many parts of the disabled community, adaptive technology has been applied to many traditional devices, and many different kinds of accessible machines have been developed. Legislation like the Help America Vote Act has required that at least one accessible machine be available at each polling place. [6]
Both state and federal legislatures have enacted thousands of pages of legislation regarding the rights of Americans with disabilities. Several major "landmark" pieces of legislation have served as models.
Passed into law in 1984, the Voting Accessibility for the Elderly and Handicapped Act requires polling places to ensure accessibility for all disabled persons during federal elections. [7]
Other short titles | ADA |
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Long title | An act to establish a clear and comprehensive prohibition of discrimination on the basis of disability |
Acronyms (colloquial) | ADA |
Enacted by | the 101st United States Congress |
Effective | July 26, 1990 |
The Americans with Disabilities Act of 1990 (or ADA) is widely considered to be the first major attempt to define the rights of disabled Americans at a federal level. Signed into law by President George H. W. Bush, the act prohibits discrimination based on disability. The U.S DOJ Civil Rights Division phrases the right to access to the polls, as well as the right to register to vote, in these terms: "(the ADA) safeguards the voting rights of a person with a disability." [8]
Though the ADA is wide-ranging in scope, it has had many lasting effects on the suffrage of disabled Americans. Some of the most prominent changes that resulted from the legislation included calls for accessibility within polling stations. This effort to increase accessibility has led to the establishment of mandatory accessible parking, passenger drop off areas, and building entrances at polling places. [9] However, according to some advocates, the Act itself has not been the "silver bullet" many hoped it would be, and leaves many disabled persons open to ongoing persecution. [10]
Passed into law in 2002, the Help America Vote Act (HAVA) creates "mandatory minimum standards for states to follow in several key areas of election administration." [11] Passing both federal legislatures with bipartisan support, the Act authorized the Secretary of Health and Human Services to make polling places accessible to persons with disabilities. The legislation has a particularly sharp focus on individuals affected by visual impairments, and requires each polling station to have to at least one disability-accessible voting machine per federal election. [11] The Act has three main goals: [11] replace punch-card and lever based voting systems, establish the Election Assistance Commission in order to assist with the administration of federal elections, and establish minimum federal election standards
Critics of the Act claim that its reach should be expanded to more than solely federal elections. While states receive funding for disability-accessible touchscreen electronic voting machines under HAVA, municipalities such as cities and towns do not directly receive funding. As a result, critics claim that the machines are not evenly distributed. [12]
The National Voter Registration Act of 1993 attempted to increase the historically low registration rates of minorities and persons with disabilities by requiring both federal and state agencies to assist in voter registration procedures. [7]
Passed into law in 1980, the Civil Rights of Institutionalized Persons Act protects the rights of persons in jails, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. [7]
Originally passed into law to combat racial discrimination at polling places, the Voting Rights Act of 1965 has recently been used to support advances of disabled suffrage. Section 208 of the Act allows citizens affected by "blindness, disability, or the inability to read or write" to assign an individual to help cast votes within a ballot box. [13] Restrictions on the assignment of said individual include the voter's employer or agent of their union. [13]
In some states, people who are deemed mentally incompetent are not allowed to vote. [14] [15] In the conservatorship process, people can lose their right to vote. [16]
The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
Disfranchisement, also disenfranchisement or voter disqualification, is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing someone from exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community, or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements.
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible developments ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
The Help America Vote Act of 2002, or HAVA, is a United States federal law which passed in the House 357-48 and 92–2 in the Senate and was signed into law by President George W. Bush on October 29, 2002. The bill was drafted in reaction to the controversy surrounding the 2000 U.S. presidential election, when almost two million ballots were disqualified because they registered multiple votes or no votes when run through vote-counting machines.
The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote buying. This system is one means of achieving the goal of political privacy.
Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.
In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
National Federation of the Blind v. Target Corporation, 452 F. Supp. 2d 946, was a class action lawsuit in the United States that was filed on February 7, 2006, in the Superior Court of California for the County of Alameda, and subsequently moved to federal court. The case challenged whether the Americans with Disabilities Act of 1990, specifically Title III's provisions prohibiting discrimination by "places of public accommodation", apply to websites and/or the Internet, or are restricted to physical places.
Inclusion, in relation to persons with disabilities, is defined as including individuals with disabilities in everyday activities and ensuring they have access to resources and opportunities in ways that are similar to their non-disabled peers. Disability rights advocates define true inclusion as results-oriented, rather than focused merely on encouragement. To this end, communities, businesses, and other groups and organizations are considered inclusive if people with disabilities do not face barriers to participation and have equal access to opportunities and resources.
The Voting Accessibility for the Elderly and Handicapped Act (VAEHA) P.L. 98-435, 42 U.S.C. §§ 1973ee–1973ee-6, is a United States law passed in 1984 that mandates easy access for handicapped and elderly person to voter registration and polling places during Federal elections. The law also mandates registration and voting aids, such as printing instructions in large font.
Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set precedents for subsequent legislation for people with disabilities, including the Americans with Disabilities Act in 1990.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well as educational institutions, recreational facilities, and service centers.
Ableism is discrimination and social prejudice against people with physical or mental disabilities. Ableism characterizes people as they are defined by their disabilities and it also classifies disabled people as people who are inferior to non-disabled people. On this basis, people are assigned or denied certain perceived abilities, skills, or character orientations.
Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage on equal terms following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885, and by 1902 most Australian residents who were not of European descent were explicitly or effectively excluded from voting and standing for office, including at the Federal level. Such restrictions had been removed by 1966. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years, excluding some prisoners and people "of unsound mind".
Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.
Slovenian Disability Rights Association is a disability rights organization in Slovenia. Its goals are to enhance the implementation of the Convention on the Rights of Persons with Disabilities and to assist persons with disabilities through awareness raising and impact litigation. Drupis was founded in 2012.
The Voting Rights Act of Virginia is a Virginia law that prohibits racial discrimination in voting and establishes a preclearance provision for proposed changes to election administration, among other provisions. It is modeled after the federal Voting Rights Act of 1965, as well as the John Lewis Voting Rights Act, and is the first voting rights act enacted in the American South.
Toplak and Mrak v. Slovenia of 26 October 2021, is the European Court of Human Rights judgment in which the court held that voters' rights were violated when they had no legal right to ask for accessible polling places in advance to achieve accessibility before the election day. The ruling is also significant because the court for the first time extended its jurisdiction to referendums.