Experts Weigh in on Voting Accessibility

What barriers to voting for disabled people do you foresee for the 2024 election?

Kenia Flores:

Some states are making it harder for disabled people to exercise their right to vote. Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Mississippi, Montana, and Texas have laws that establish or increase criminal penalties and fines for individuals and groups that help disabled voters cast absentee ballots. For example, Alabama requires each voter to request their own absentee ballot and prohibits anyone from “collecting, prefilling, completing, obtaining or delivering” ballots on behalf of others. It also provides criminal penalties up to a felony conviction and possible prison sentence of up to 20 years for those found guilty of violating the law.

Additionally, many states require voters to present identification. However, disabled individuals are less likely to drive, and therefore do not have driver’s licenses. They are also less likely to have passports and other forms of identification. We should be making it easier, not harder for disabled people to vote.

I also anticipate physical barriers that make it difficult for wheelchair users or anyone using mobility aids to even enter or navigate polling places. And some states do not have accessible ways for print-disabled voters to complete and submit absentee ballots, so I anticipate that continuing to be a barrier. I further anticipate that voters like myself who require the use of accessible voting systems will likely encounter poll workers who do not know how to operate them or at the very least have them ready and set up with the headphones and controllers plugged in.

Michelle Bishop:

We are very concerned about the use of AI to confuse voters in the upcoming election. AI is making misinformation and disinformation used to trick voters that much more convincing. So we're working to educate our network and voters on how to better detect fake elections information and what reliable sources to go to. We are also still looking closely at absentee voting and vote by mail for accessibility—mailing someone a paper ballot and expecting them to fill it out with a pen is just not accessible and not compliant with the Americans with Disabilities Act (ADA).

Interestingly, one of the biggest barriers to voting is leaving people with disabilities out of the public discourse about elections and candidates and campaigns not directly addressing their issues. Voters need to feel that their voices matter. Couple that with some of the ableist rhetoric we've seen around this election and we're very concerned about how it could be impacting voters with disabilities.

Ben Hovland:

Accessibility remains a key priority for the U.S. Election Assistance Commission (EAC), and through our partnership with Rutgers University, we’re continuing to study and report how the Help America Vote Act—the legislation that created the EAC—impacts the voting experience for voters with disabilities. There have been vast improvements in making voting more accessible for those with disabilities, but we know that more needs to be done.

Ahead of the 2024 election the EAC is working with election administrators to make targeted improvements to accessibility, including enhancing outreach and education efforts to improve the understanding of the voting process, designing polling places with consideration for those with non-visible disabilities, and increasing poll worker training to provide better in-person assistance for people with disabilities.  

Specifically, around the design of polling places with considerations for those with non-visible disabilities the EAC—in partnership with Rutgers University—has recommended that locations feature quiet waiting spaces to reduce stress and anxiety from congested areas for those with mental and emotional issues such as post-traumatic stress disorder. Spaces could also have seating for those managing chronic fatigue or pain and those unable to stand for long periods of time. Additionally, accessible parking close to the polling place helps to ensure that people with disabilities have easy access to voting.

The EAC has partnered with the Carl and Ruth Shapiro Family National Center for Accessible Media at GBH (NCAM) to create an innovative video training series called “Accessible Elections - Information for Election Officials," for election officials, poll workers, and other election stakeholders on making voting more accessible.

What can policymakers do to address these barriers before November? What are some long-term solutions to voting inaccessibility?

Kenia Flores:

Election officials should choose polling locations in conjunction with someone knowledgeable about ADA compliance. There are low cost or free remedies to common access barriers. For example, if the polling place has steps, add a temporary ramp; uneven sidewalks, add a mat or add temporary plates. It is not as hard as many people make it out to be. It just requires intentionality.

Election officials should also ensure their poll workers are well trained and feel empowered to help disabled voters on Election Day. Election officials should have someone available to help resolve any access barriers that arise.

Early voting is incredibly helpful to the disability community. Additional solutions include increased funding for polling places and allowing curbside voting, drop boxes, myriad types of identification, permanent sign-ups for absentee ballots, and electronic completion and submission of absentee ballots.

Michelle Bishop:

A lot of decisions have already been made about how elections will be run in November. That said, any opportunity to add options for voters is helpful such as adding curbside voting or letting voters with print disabilities receive a vote by mail ballot electronically the way overseas and military voters can. Also, our network of organizations can look at problematic polling places and suggest some low cost, same day modifications to make them more accessible.

At the very least, there is still time to get information about accessibility to voters. We often find that people with disabilities don't know that there is an accessible voting system at their polling place or that they can request to move up in line or be accommodated if they can't stand in line for prolonged periods.

When we think about long-term solutions to voting accessibility, the single most important thing that elections administrators can do is listen to people with disabilities. Make us part of the decision-making process, instead of trying to tackle access barriers on their own. People with disabilities know what we need to make voting work for us, and we have a lot of expertise that elections officials can tap into to help solve some of their more vexing accessibility barriers.

What can the average American do to increase the accessibility of voting for people with disabilities?

Kenia Flores:

I would encourage them to begin by educating themselves through online resources or engaging with the disability community in their area. This will help them recognize access barriers.

If they’re voting at a polling location and see access barriers, let the poll workers and clerk know. Additionally, report barriers to 866-Our-Vote.

Once empowered with knowledge, they can use it for good and become poll workers themselves. It sounds simple but can have a large impact for disabled voters in their community.

Lastly, they can help advocate for policies that expand voting options with their elected officials.

Michelle Bishop:

For the average American, see disability, think about disability, and expect accessibility. You don't have to be a person with a disability to ask "is this accessible?" or "how is this going to be made accessible?" You can hold decisionmakers and elections administrators accountable. You can also be a good neighbor and assist people with disabilities in your own life who may need assistance marking or returning a ballot or need a lift to the polls.

Is there anything else you would like to add?

Kenia Flores:

Sometimes it feels like people only care about ensuring access when they’re disabled or because they have a disabled family member, and I like to remind folks that anyone can become disabled at any time for any reason. This is not to scare anyone but is a reminder that accessibility benefits everyone. Curb cuts don’t just benefit wheelchair users or folks using other mobility aids they benefit parents using strollers, someone pushing a wagon, etc. Additionally, our needs are not special–they are just needs. The needs we may have now may also change as we age, and we don’t want to leave anyone out of the voting bloc because every issue is a disability issue, and our perspective should be counted.

Michelle Bishop:

For disabled individuals, don't get discouraged if you hear about barriers to the vote. Ask yourself why anyone would work so hard to try to stop you from voting in the first place, and then show them what people with disabilities are made of! Call our member organization where you are if you have questions or need help, but don't ever give up your right to vote. Your voice is too important.

Ben Hovland:

Voters with disabilities make up a large portion of the electorate, and their right to an accessible, secure, and safe experience should be the norm. Accessibility is one of the EAC’s core values and missions, and we continue to focus on how we can improve accessibility for all eligible voters. While state and local governments administer elections, the EAC acts as a national clearinghouse on election administration information and best practices and is tasked with distributing grant funding instituted by the landmark Help America Vote Act of 2002, which also established the EAC. We provide election officials with tools and resources that allow them to ensure that the entire voter experience—from registration, vote by mail, to in-person voting—is accessible. Our nation recognizes that all eligible citizens have the right to vote, and at the EAC we are focused on providing the support needed to address accessibility obstacles.  

Friday, July 26^th marked the 34^th anniversary of the signing of the ADA. This groundbreaking piece of legislation helped provide the EAC with foundational knowledge to support election officials in their efforts to make elections more accessible. We are also focused on sharing resources and hosting events focused on accessibility. On August 28, the EAC is hosting an in-person public hearing on accessibility in Washington, D.C. that will be livestreamed on the EAC’s YouTube page.  

At the EAC, we want voters with disabilities to know that we truly view “assistance” as our middle name, and we are working hard with our state and local partners to address challenges they may face. We’re proud of the progress we’ve made and hope that continues to inspire voters with disabilities to participate. At the same time, we know that we’ve got more work to do in the future to ensure that voters with disabilities can participate and vote.