Voters rights at the polling place

1. Voters rights at the polling place July 10, 2009 Two Days of Elections Asheville

2. Disability Rights North Carolina is the Protection and Advocacy (P&A) organization for North Carolina. Most recently, the Protection & Advocacy for Voting Access (PAVA) program was created in 2002 when Congress enacted the Help America Vote Act (HAVA). PAVA enables P&As to secure election access for a wide range of individuals with disabilities – including, but not limited to, individuals with mental, sensory, and physical disabilities.

3. The results of the in-person visits by Disability Rights North Carolina both as to June and November 2008 elections can be summarized as follows: • Poor or no set-up of curbside voting area at voting sites • Poor or no set-up and signage problems of handicapped parking areas at voting sites. • Issues with door handles into voting places/enclosures • Some poll workers not concerned with accessibility issues and conditions • Access ramps not meeting ADA guidelines • Narrow doors and thresholds into voting enclosures that fail to meet ADA guidelines.

4. GAO Report In November 2008, the United States Government Accounting Office conducted in-person inspection of voting places and interviewed election officials and workers. Wake County was one of 79 jurisdictions that were randomly selected for these GAO visits. This report is the first of three reports that will be released by GAO related to voters with disabilities. A report on state practices that facilitate access and the Justice Department’s enforcement of HAVA’s voting access provisions will be released in September and a report on voting practices for long-term care facility residents is expected from GAO in November.

5. The report (GAO-09-685) on these November visits was issued by the Government Accountability Office (GAO) in June 2009. It appears that the GAO had no issues or suggestions to the Wake County Board of Elections as to their voting accessibility efforts. Although the report notes problems it is presents an overall positive picture of voting accessibility improvements as shown by the following quote. “In 2000 the country had a failing grade on accessibility,” Jim Dickson, American Association of People with Disabilities (AAPD) Organizing and Civic Engagement vice president said. “[In 2008] I say we got a B- …”

6. National Federation of the Blind (NFB) Report • A few days after the November 2008 election, the NFB contacted 560 blind voters nationally to discuss their voting experiences. The results of the survey were positive and are set out below supplemental by the responses of the blind N.C. voters in the survey when of interest. • Almost all (94%) of the legally blind individuals interviewed in this study said they are registered voters and nearly all of these registered voters (96%) voted in the November, 2008 election. (This reflects the N.C. response) • Just over a third (38%) voted by mail or absentee ballot, while nearly two-thirds (62%) voted at the polls. (The North Carolina blind voters had a higher % that voted in-person rather than by mail)

7. CONTINUED NFB POLL RESULTS • Half (51%) of the blind voters who cast their ballot at a polling place did so independent of assistance, while more than a third (39%) relied on the assistance of a family member or friend, nearly a tenth (9%) required the assistance of a poll judge and a few (1%) used a paper ballot and/or magnifying glass. (The N.C. blind voters were assisted 50% of the time, 25% voted independently, and 25% with assistance from poll officials) ) • Just under two-thirds (63%) who cast their vote at the polls said they requested or were offered the use of an accessible voting machine. (In N.C. only 38% of the blind voters were offered the use of an accessible voting system) • Including those who voted by mail and in-person at the polls, 89% (87.5% in N.C.) were satisfied with their overall experience, so it is not surprising that a majority (61%)(50% in N.C.) offered no suggestion regarding ways to improve the experience. The most frequent suggestions were to make accessible voting machines available (6%) (20% in N.C.), educate or train poll workers (5%) (12.5% in N.C.), be sure accessible voting machines are set up and working properly (4%), provide larger print or magnification (4%) and make it possible for blind voters to cast an independent and private vote (4%).

8. What is our role? • Requiring Accessible Polling Places. Polling sites are required to be accessible. Voters with disabilities may require removal of barriers at polling or registration sites in order to make the voting program accessible to them. • Obtaining Accommodations as to the Voting Procedure. Voters may need accommodations for a mental or physical disability when actually registering to vote or casting a ballot on a voting system. • Ensuring Designation of Voter Registration Agencies and Provision of Voter Registration Assistance. States designating as voter registration agencies the state-funded offices that provide disability services, such as community mental health centers and vocational rehabilitation agencies and providing appropriate registration opportunities and assistance as required by the NVRA.

9. VOTER ACCESSIBILITY and DISABILITY SENSITIVITY Voting place • a. Prior to the election, the voting place and voting enclosure shall be surveyed by the county office to determine if the parking, pathway and entrance into the voting place is accessible to voters with various handicaps. Pictures from these surveys are posted on the SBE website for use by voters. GRANTS ARE STILL (and will be for the foreseeable future) AVAILABLE TO IMPROVE THE ACCESSIBILITY OF VOTING PLACES. • b. Precinct officials need to be aware of accessibility aids and procedures provided by the county elections office to help accessibility into the voting place. • c. Precinct officials need to make sure these aids and procedures are operational during voting hours.

10. Important Requirements / Measurements for Accessible Polling Places Parking • Four percent of total parking must be accessible. • At least one van accessible parking space with an access aisle is required. • One van accessible space is required for every eight accessible spaces. • Any area available to drop off voters at the curb, requires a curb cut leading to adequate access to the building. • A sign with the access logo is required at each accessible parking space. • Directional signs are required, with the access logo, pointing to accessible parking if such parking is not clearly visible from the street or accessible entrance. • Accessible parking should be located in the closest available spaces to the entrance of the building in which the voting enclosure is housed.

11. Important Requirements / Measurements for Accessible Polling Places Paths • Accessible paths must be no less than 48 inches wide; however, to provide greater access, especially if two lines of voters will be formed, a 60-inch wide path is recommended. • The slope can be no greater than 1 inch for every 20 inches or level change. • To provide sufficient headroom for voter safety, there shall be no obstructions from the surface of the pathway to a height of 80 inches. • Thresholds can be no higher than ½ inch (¾ inch for exterior sliding doors.) Carpet can be no more than ½ inch thick, and gratings in the walking surface can be no more than ½ inch wide. • Directional signs should be easily visible along the accessible route or entrance.

12. Important Requirements / Measurements for Accessible Polling Places • For every inch up, there must be a curb cut or ramp no less than 12 inches long, with flared sides 1 to 10 inches. • The ramp must be no less than 36 inches wide. • The ramp can slope only 1 inch for every 12 inches of length. • Ramps and landings with a drop-off, should have adequate edge protection such as a bottom rail or a concrete curb no less than 2 inches high. • Any cross slopes should be at an angle no greater than 1 degree. Anything steeper would be difficult for a wheelchair user to navigate. • A 60-inch square resting platform is required for every 30 feet of ramp, with a 60-inch wide resting platform at turns. • Any ramp higher than 6 inches must have handrails. • Handrails should be 1¼ to 1½ inches wide, mounted 34 to 38 inches above ramp surface, with a clear space of 1½ inch between the wall and the handrail.

13. Important Requirements / Measurements for Accessible Polling Places Voting Booths • The reach for all operating mechanisms should be 15 to 48 inches. • Clearance under a table top should be 27 inches high, 30 inches wide, and 19 inches deep. • The writing surface of the booth or table should be from 32 to 34 in. above the floor. • Doorways must be no less than 32 inches wide for safe wheelchair access; however, 36 inches provides more comfortable access.

14. Voting Accessibility Grants These grants are still available. Copies of the grant guidelines and the application form is on the CD that accompanies these courses. Or you can contact either Neil Baddour or Don Wright to obtain them. neil.baddour@ncsbe.gov (919) 715-8233 don.wright@ncsbe.gov (919) 715-5333

15. VOTER ACCESSIBILITY and DISABILITY SENSITIVITY Voting system • a. Certain voting systems may have accessibility features to help persons with certain disabilities to vote independently on these machines. • b. Every precinct official must be aware of how these accessibility features work and be in a position to instruct a voter in their use. • c. In addition, precinct officials must be aware of all other accessible aids that may be available at the polling place and be in a position to inform voters of these aids and instruct voters on their use.

16. Common Courtesies and Guidelines Be considerate of the extra time it might take for a person who has a disability or who is elderly to get things done, and give undivided attention to a person who has difficulty speaking. Speak directly to the person who has a disability rather than to the person that may be accompanying him/her. Speak calmly, slowly, and directly to a person with a hearing problem. Your facial expressions, gestures, and body movements help in understanding. Don’t shout or speak in the person’s ear. If full understanding is doubtful, write a note to the person with a hearing problem. Before pushing someone in a wheelchair ask if you may do so and how you should proceed. Greet a person who is visually impaired by letting the person knows who and where you are. Be aware that dogs that assist people with disabilities should be admitted into all buildings. Provide a guiding device such as a ruler or card for signing forms. When offering walking assistance, allow the person to take your arm or shoulder and tell him or her if you are approaching steps or inclines. Remember that all voters deserve courteous attention in exercising their right as citizens to vote.

17. Curbside Voting • GS 163-166.9 and 8 NCAC 10B.0108 • Affidavit required by person voting • Offered by precinct workers to the voter outside the polling place • Curbside voter has same rights to assistance • Offered since the 1980’s in North Carolina, not all states offer

18. CURBSIDE ISSUES • Curbside locations must be set up at every place. There must be parking and a means by which precinct workers can be made aware of the curbside voter. DONOT USE THE ACCESSIBLE VOTING PARKING PLACES FOR CURBSIDE. • Other voters in the curbside vehicle cannot vote curbside unless they qualified and sign the affidavit swearing they can enter the voting place without physical assistance. CURBSIDE VOTING IS NOT DRIVE-THRU VOTING. • Do not allow electioneering workers to swarm or harass the curbside voter. This may violate the voter’s privacy and creates disorder. GS 163-48 allows the precinct officials to enforce good order. Locating the curbside site within the buffer zone may help prevent this problem. • To protect the curbside voter’s privacy, transport the vote ballot back covered in some manner to prevent the public from viewing it. • In DRE counties, do not carry out to each curbside voter a container/packet of the previously voter curbside ballots so the voter might deposit their ballot in it. Removing the other ballots from the voting enclosure creates security concerns. • The availability of curbside voting does not relieve a county from the laws requiring accessible polling places and voting systems.

19. Electioneering • The buffer zone….GS 163-166.4 Police it as needed but observe compliance on a regular basis. • Make sure buffer zone boundaries are both set and notice of them are made available to the public 30 days prior to use. • Sample ballots are allowed if they comply with GS 163-165.2. Frequently police voting area to remove sample ballots and other political material (left by voters) from voting booths and inside the voting place.

20. MEDIA at the POLLS See Chapter Six of the Precinct Uniformity Guidelines and the April 17, 2008 Memo to Directors and the April 25th Press Release. (These two items are on your CD) GS 163-166.3 and 163-166.4

21. OBSERVERS and RUNNERS • Appointment controlled by GS 163-45 • What is the difference between a “runner” and “observer”? • Neither are an “election official” 8 NCAC10B. 0101(a). • Lists of persons who have voted are available at 10am, 2 pm, and 4pm. If ATV’s are used observer must create list. GS 163-45 and 8 NCAC 10B.0104

22. Sample Ballots § 163‑165.2.  Sample ballots. (a)       County Board to Produce and Distribute Sample Ballots. – The county board of elections shall produce sample ballots, in all the necessary ballot styles of the official ballot, for every election to be held in the county. The sample ballots shall be given an appearance that clearly distinguishes them from official ballots. The county board shall distribute sample ballots to the chief judge of every precinct in which the election is to be conducted. The chief judge shall post a sample ballot in the voting place and may use it for instructional purposes. The county board of elections may use the sample ballot for other informational purposes. (b)       Document Resembling an Official Ballot to Contain Disclaimer. – No person other than a board of elections shall produce or disseminate a document substantially resembling an official ballot unless the document contains on its face a prominent statement that the document was not produced by a board of elections and is not an official ballot. (2001‑460, s. 3.)

23. SAMPLE BALLOT ISSUES In 2008, the SBE had the issue of the extent of the disclaimer referred to in GS 163-165.2 before it. The SBE ruled that a disclaimer is sufficient if an average voter could easily determine that it was not an official ballot and where the ballot came from.   However, note that sample ballots are considered print media and campaign finance statutes may require that sample ballots to contain the legend, “Paid for by _____________” . See GS 163-278.38Z and 163-278.39.   It is becoming very common that voters download the sample ballots made available to voters on the SBE website in even year elections, and mark the ballot with a pre-marked choice. The marked ballot is then copied and distributed. Generally an average voter can easily determine that it is not an official ballot. It is desirable that a legend be placed on such ballots or a notation is made as to who is responsible for the ballot.   Pollworkers need to check voting enclosures and areas to clean up any sample ballots left by voters. The sample ballot download feature now on the SBE website is causing an increase of sample ballot created by individuals for personal use.

24. Privacy of the Voter • VR Data at the polls. The DOB is on the SEIMS document kept by the poll workers from which the ATV is made. The ATV shows only age. • Observers and media at the polls. • Persons assisting voters must keep how the voter voted confidential. GS 163-166.8 (c).

25. Privacy of the Voter • Voters should be given an area in which to mark the ballot that protects privacy. Set up the voting area to allow this. • Other voters and workers should be discouraged to view ballot as it is being carried to be placed into the tabulator. • Voters are free to participate in exit polls, but should not be forced or pressured.

26. Voter assistance GS 163-166.8 Allows assistance to voters who qualify as to • Entering the voting booth • Preparing the ballot • Exiting the voter booth

27. Family Voter Assistance • § 163‑166.8.  Assistance to voters. (a)(1)       Any voter is entitled to assistance from the voter's spouse, brother, sister, parent, grandparent, child, grandchild, mother‑in‑law, father‑in‑law, daughter‑in‑law, son‑in‑law, stepparent, or stepchild, as chosen by the voter.

28. Non-Family Voter Assistance GS 163-166.8 (a)(2)       A voter in any of the following four categories is entitled to assistance from a person of the voter's choice, other than the voter's employer or agent of that employer or an officer or agent of the voter's union: a.         A voter who, on account of physical disability, is unable to enter the voting booth without assistance. b.         A voter who, on account of physical disability, is unable to mark a ballot without assistance. c.         A voter who, on account of illiteracy, is unable to mark a ballot without assistance. May not test for illiteracy and it is based upon knowledge of English. d.         A voter who, on account of blindness, is unable to enter the voting booth or mark a ballot without assistance.

29. Voter needs to Communicate Desire for Assistance GS 163-166.8(b)       A qualified voter seeking assistance in an election shall, upon arriving at the voting place, request permission from the chief judge to have assistance, stating the reasons. If the chief judge determines that such assistance is appropriate, the chief judge shall ask the voter to point out and identify the person the voter desires to provide such assistance. If the identified person meets the criteria in subsection (a) of this section, the chief judge shall request the person indicated to render the assistance.

30. Voting Assistance Regulation 8 NCAC 10B.0107 • Conduct of Person Rendering Assistance • Communication Devices • Confidentiality of Voter’s Aided Choices • Regardless of possible violations, the voter shall be allowed to vote.

31. Website Address: www.app.sboe.state.nc.us:2703/erc/