Voting is a cornerstone of American democracy. It is both a right and a duty. If you are a New Yorker with a disability, however, you may have trouble exercising that right or fulfilling that duty. You can't use the voting machine because it's too high, or you can't see it, or your fingers don't work very well? Well, according to the NYS Legislature, that's too bad, but it's just not their problem.
Disability rights advocates across the state started bringing up the issue of accessible voting machines with our State legislators in the late 90s. We knew then that it was unlikely that voting machines would be replaced any time soon (the cost would be staggering and the State couldn't afford it), but we wanted to plant the seed so that when machines finally were replaced, the new machines would be accessible to and usable by people with a variety of disabilities, who are, after all, citizens of this state just like anybody else. They deserve to be able to vote privately and independently just like anybody else. On the machines we have now, it's just not possible.
The problem became apparent as more and more polling places became physically accessible. People with disabilities now had no problem getting into the polling site, but they still needed assistance when they tried to use the voting machine. So we tried to lay the groundwork with a number of legislators statewide. We tried to be reasonable. We told them we knew it wasn't going to happen soon, but to please keep accessibility in mind whenever, in the future, new voting machines were purchased. We offered our expertise in accessibility to help them to know which machines were truly accessible. Most legislators and most Boards of Election have no clue what is truly accessible, nor should they be expected to. It is not their area of expertise. That's why we offered our assistance.
Fast-forward to 2002. After the national presidential election debacle in Florida in 2000, Congress passed the Help America Vote Act (HAVA), which mandated sweeping changes in election law to make sure such problems couldn't happen again. HAVA required that at least one voting machine per site be accessible to people with disabilities, to allow them to independently cast a private vote. Unlike many federal laws, however, HAVA put its money where its mouth was. The law appropriated $2.3 billion nationwide to assist states with the purchase of machines, setting up voter registration databases, making polling places accessible, etc. States had to pass enabling legislation of their own, however, to receive this money.
Most New Yorkers will probably not be surprised to learn that New York is the only state eligible to receive HAVA funds ($220 million) which has not yet passed the legislation, and has not yet received the federal money. The new machines must be in place by the first national election in 2006 or the state will forfeit the money. They will still have to buy accessible machines, they just won't be able to use federal funds to do it. Instead, this burden will fall upon the backs of the New York taxpayers, like so many other things in this overtaxed state.
What, you may ask, has the New York Legislature (the highest paid and most dysfunctional in the nation) been doing all this time? Again, most New Yorkers won't be surprised to learn the answer: they've been bickering, stalling and shirking their responsibilities. In other words, it's been business as usual. County Boards of Election and election commissioners have been concerned, and rightly so. They are going to have to order and learn to use these machines, teach poll workers and voters, find storage (computerized machines can't be stored in barns, garages or basements like the old ones), and have everything up and running by Election Day 2006. This takes time, which is quickly running out, and the Legislature seems unconcerned.
Another problem is the full-face ballot, which is required by NYS law. This is the ballot we're all familiar with, where you can see every race all at once. New York is the only state that still uses this format, and it is impossible to make it accessible to blind people or people with cognitive disabilities. The NYS Task Force on Election Modernization, a bipartisan group appointed by the governor, strongly recommended in its 2002 report that the full-face ballot be eliminated. The Legislature has refused to do so. By steadfastly sticking to this antiquated format, we are eliminating from consideration all of the most accessible machines that exist. There are only a handful of machines being manufactured that can accommodate the full face ballot, and none of them are fully accessible to people with a variety of disabilities.
The full-face ballot requirement makes these machines very large (the smallest I've seen was about 2 x 3 feet, and most are even larger) and awkward. They are difficult to use, and cost between $8,000 and $12,000 apiece. One company, ES&S, claims to have audio equipment for blind voters, but has never brought it along to a demonstration, despite repeated requests for them to do so. We have never once seen the audio component of their machine (over a 5 year period) and can only conclude that it doesn't exist. Yet this is one of the few machines in the running in this state.
Disability advocates have offered our expertise for a number of years; we have tested machines numerous times, written reports on what is wrong with various machines, made suggestions on how to improve access, and tried to work with the Legislature. We have been all but ignored. Only one legislator on the Assembly-Senate Joint Conference Committee has listened to us and advocated for our concerns: Assemblyman Kevin Cahill, former Chair of the Assembly Task Force on People with Disabilities. To the rest, we may as well have been pesky mosquitoes.
The Joint Conference Committee met several times last year to pass HAVA legislation and get the state started on replacing machines. They never even got as far as talking about the machines. At one meeting disability activists blocked the exits to the room to try and force a discussion of accessible machines. The Committee didn't talk about them then, and they haven't to this day.
As of mid-May, they seem to be leaning toward letting each county buy machines of its choosing. These machines will have to meet uniform standards, which, of course, the Committee has yet to develop. So, once again, our valiant leaders have decided not to decide, and instead to pass the buck. When will these "standards" be developed? Time is running out and we stand to lose a great deal of federal money. Counties need time to get things in place, and they can't do anything until the standards are released. There are no full-face ballot machines in existence that fit even the minimum of what should be in the standards for accessibility. How exactly does the Legislature expect this to work--magic?
Allowing each county to "do its own thing" is part of what led to the problems in Florida in 2000. By not going with a uniform statewide machine, NY is just asking for trouble. I would suggest we show our displeasure with the Legislature at the voting booth, but if the machines are inaccessible, how can we? Are we really going to stand for this slipshod "leadership?"
The State Task Force on Election Modernization also stated the following in its 2002 report: "The election law does provide that a voter needing assistance may be assisted by a person of the voter's choice or by two election inspectors not of the same party. However, with new technology, we can do better in a State that prides itself on the sanctity and secrecy of the ballot."
We certainly can do better. Why in the hell aren't we?!?
If you want to get involved in this important issue, give Frank a call at (607) 724-2111 (voice/TTY) and he'll let you know what you can do.