Poll Accessibility for Disabled Voters in New York State

In the United States, people living with disabilities face significant barriers when it comes to fully participating in the democratic process. While nearly 18 million Americans living with a disability reported voting in 2020, making their voices heard during all-important elections is not always as simple as it seems. Despite progress in ensuring that elections are more accessible, challenges remain for voters with disabilities in making sure their rights are protected.

There are several federal laws that ensure people living with disabilities can exercise their right to vote. Some of the most important ones include the Americans with Disabilities Act (ADA), the Voting Rights Act of 1965, and the Help America Vote Act of 2002. These laws were designed to eliminate the barriers that have historically hindered full participation for disabled voters, and they have made a significant impact on improving accessibility in elections.

One of the key requirements under these laws is that polling locations across the country must be ADA compliant. This primarily focuses on physical accessibility—ensuring that everyone, regardless of their mobility needs, can navigate the space and vote independently. This includes having appropriate parking spaces, ramps, or elevators for those who use wheelchairs or walkers. In addition to these physical accommodations, election officials are required to provide accessible voting equipment and allow voters to bring their own assistants if necessary.

In cases where polling locations cannot accommodate a person’s specific needs, alternative methods must be provided. For example, a voter requiring accessibility accommodations must be given a different polling location or another way to cast their ballot. Election officials are also required to assist voters who are blind or have visual impairments, allowing them to bring someone of their choice to help them cast their vote.

One of the most significant advancements in recent years has been the National Voter Registration Act of 1993, which played a critical role in increasing voter registration among people living with disabilities. This law helped reduce barriers to voter registration and encouraged participation. As a result, there was a notable increase in voting participation among disabled voters. In 2020, for instance, about six percent more people with disabilities voted compared to 2016, a promising sign of progress in encouraging civic engagement among people living with disabilities.

However, despite the legal protections and improvements in accessibility, there are still persistent issues that hinder the voting process for some individuals with disabilities. This is why advocates stress the importance of understanding one’s rights. It’s essential not only for the person living with a disability but also for their parent, guardian, or caretaker to be well-informed about the voting process and the accommodations they are entitled to receive.

“It involves simple things like transportation, explaining to them what it’s like waiting in line, what it’s like going into the booth, or the support somebody needs to make their own personal choices with an absentee ballot,” explained Tom Schreck of Wildwood Programs. These seemingly small considerations can make a significant difference in ensuring that disabled voters can participate fully in elections without facing undue stress or confusion.

In fact, the only situation in which a person living with a disability is not entitled to cast a ballot is if there is a court order that addresses an individual’s mental capacity or competency. “Everyone should have a right to vote unless a judge has said you do not have the right to vote in New York state,” said Christy Asbee, the director of Disability Rights New York (DRNY) Protection and Advocacy for Voting Access program. This reinforces the notion that voting rights should be as universal as possible, and any limitations must be based on clear legal determinations rather than assumptions about a person’s abilities.

Still, even with these legal protections in place, elections can be a stressful time for everyone, but especially for people living with disabilities. Advocates acknowledge that the stress of elections, coupled with the challenges posed by a busy, often overwhelming polling environment, can be especially difficult for individuals with certain mental health conditions. For those individuals, the stress of an election day could lead to a mental health episode, and that should be handled with care.

“That’s not a competency issue anymore, that’s a safety issue,” Asbee said. “And that should be something that poll workers are trained to de-escalate.” Asbee’s comments highlight an important aspect of the voting process that many may not consider: how the emotional and psychological well-being of voters with disabilities should be supported. Election workers must be trained not only in accessibility laws but also in how to manage situations where voters may experience mental health distress.

In the event that voters with disabilities encounter issues or feel that their rights have been violated, there are resources available to help. DRNY and the office of the attorney general have established a hotline to assist individuals experiencing challenges during the election process. Alternatively, voters can always contact their local board of elections office for support and guidance.

As we continue to work toward a more inclusive society, it’s essential to keep advocating for the rights of people living with disabilities, ensuring they have equal access to the voting process. It’s vital for everyone to be aware of the resources, laws, and services that can make voting a more accessible and seamless process for people living with disabilities. With the right support and accommodations, every eligible voter, regardless of ability, should be able to make their voice heard during elections.