United States

Table of Contents:

• General Right to Vote
• Exclusion or Potential Exclusion Based on Disability
• Assistive Tools and Policies

Back to Top

Section 241, subsection (a) states:

In general: On such periodic basis as the Commission may determine, the Commission shall conduct and make available to the public studies regarding the election administration issues described in subsection (b), with the goal of promoting methods of voting and administering elections which: ​

• (1) will be the most convenient, accessible, and easy to use for voters, including members of the uniformed services and overseas voters, individuals with disabilities, including the blind and visually impaired, and voters with limited proficiency in the English language...
• (3) will be nondiscriminatory and afford each registered and eligible voter an equal opportunity to vote and to have that vote counted.

 

Section 303, subsection 3 states: 

(1) Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg– 4(c)) and subject to paragraph (3), a State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of paragraph (2) if...(3) Paragraph (1) shall not apply in the case of a person who is... (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act. 

Excerpts from the Help America Vote Act (2002)

 

 

Back to Top

Section 246, subsection (a), paragraph 4 states:

(4) Recommendations regarding the elderly and disabled: The report submitted under paragraph (1) shall— (A) include recommendations on ways that program described in subsection (a)(1) would target elderly individuals and individuals with disabilities; and (B) identify methods to increase the number of such individuals who vote in elections for Federal office.

 

Section 291, subsection (a) states: 

In general: In addition to any other payments made under this subtitle, the Secretary of Health and Human Services shall pay the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 of each State to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. In providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. 

 

Excerpts from the Help America Vote Act (2002)

 

Back to Top

Section 101, subsection (b), paragraph (G) states: 

In general: A State shall use the funds provided under a payment made under this section to carry out one or more of the following activities:

• (G) Improving the accessibility and quantity of polling places, including providing physical access for individuals with disabilities, providing nonvisual access for individuals with visual impairments, and providing assistance to Native Americans, Alaska Native citizens, and to individuals with limited proficiency in the English language.

 

Section 261, subsection (b) states:

An eligible State and eligible unit of local government shall use the payment received to assure access for individuals with disabilities for:

• (1) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including 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; and
• (2) providing individuals with disabilities and the other individuals described in paragraph (1) with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office.

 

Section 271, subsection (b), paragraph 1 states:

 (b) An entity is eligible to receive a grant under this part if it submits to the Commission...an application containing: (1) certifications that the research and development funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the English language (consistent with the requirements of the Voting Rights Act of 1965). 

 

Section 301, subsection (a), paragraph 3 states: 

(3) 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;
• (B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and
• (C) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).

Excerpts from the Help America Vote Act (2002)