HAVA Disability Access Provisions
January 2003

HAVA allocates $850 million to provide accessible voting. It mandates one access voting system in every polling place by January 1, 2006 and covers all related costs. It allocates $100 million to make polling places physically accessible, but there is no national definition of "accessible" or a deadline for implementation.

It provides the protection and advocacy system $30 million to provide education and technical assistance in implementation of the law. The P&A is expressly forbidden to use these funds for legal action.

Things to be included in the state plan and legislation:

  1. A definition of an "accessible" polling place and a deadline for complete implementation.
  2. The state plan should contract with the community to survey polling place in the state.
  3. Electronically including all disability and social service agencies in the statewide vote registration list.
  4. Guarantee the right to vote to those that have guardians unless the guardianship specifically excludes the right to vote.
  5. Preventing cities and counties from substituting federal money for their local share of election administration with the result that they spend the federal funds before becoming accessible.
  6. Offering a California style permanent absentee ballot for voters with disabilities.
  7. Disability etiquette training must be a statewide curriculum and include written tests of poll workers. The poll worker must pass a written test before being let loose on the public.
  8. Materials and systems should provide for the vigorous recruitment of people with disabilities to be poll workers.
  9. All voting related materials must be provided in alternative formats
Dangers to watch out for
  1. The statewide election reform plan will be developed at the same time as the state legislature passes conforming legislation. Each state must create a revolving fund in order to receive federal funds. Both the state plan and the legislation must include accessibility mandates and avoid creation of loop holes. Do not let the legislature create a revolving fund that turns out to be unrestricted patronage.
  2. The new statewide voter registration system might include only the Dept. of Motor Vehicles, the state health dept. (death notices) and penal system.
  3. The state legislation could make the ID requirements much more restrictive.

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