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AAPD Automark letter to Ohio Secretary of State J. Kenneth Blackwell
February 5, 2005
J. Kenneth Blackwell
Ohio Secretary of State
180 E. Broad St. 16th Floor
Columbus, OH 43215Dear Secretary Blackwell,
The mission of AAPD is the promotion of economic and political empowerment of the 56 million people living with disabilities in the U.S. AAPD is the nation’s largest cross-disability organization and represents over 1500 members in Ohio. We were honored to play a significant role in the drafting and passage of the Help America Vote Act (HAVA). HAVA’s requirement that, as of January 1, 2006, there will be one accessible voting machine in every polling place is an exciting and historic opportunity to finally provide a secret and independent ballot to Americans with disabilities.
We understand that, at your direction, Ohio’s counties will select a vendor from a list that the Secretary of State has designated. It has come to our attention that several counties in Ohio are planning to purchase the ES & S Automark system.
- The Automark is not certified by the federal government. Legally, federal certification is required to use HAVA funds.
- The Automark, a new voting system, is not accessible for those disabled Buckeyes who cannot handle paper.
- The Automark is a touchscreen that marks an optical scan ballot. It then ejects the marked ballot.
- The voter must carry the marked ballot and insert it into the in-precinct tabulator.
- Individuals who cannot handle paper (or who cannot, because of their disability, independently manipulate paper) must rely on a non-disabled person (who will be able to see the ballot) insert the marked ballot into the in-precinct tabulator. On prototype models of the Automark, for instance, a voter who uses a mouth stick will be able to use the touchscreen but will not be able to handle the paper when it’s ejected. Section 301 (3)(A) of HAVA requires:
- [(3) Accessibility for individuals with disabilities. --The voting system shall-- (A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;] (emphasis added)
- It should be noted that the cost of the Automark is at least 30% higher than accessible touchscreens, which have already been federally certified.
- Purchasing the Automark not only violates the Help America Vote Act, it is a violation of the Americans with Disabilities Act and the Rehabilitation Act.
It is your responsibility as Ohio’s chief election officer to ensure that Ohio’s election system complies with federal law. We strongly encourage you to reconsider your directive in a timely manner in order to avoid major contentious action.
Yours for a barrier-free voting process,
Jim Dickson
Vice President of Government Affairs
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