Executive Summary:
Comments of the Rights Task Force of the
Consortium for Citizens with Disabilities on the
Use, Security and Reliability of Computerized Voting Systems
 The Election Assistance Commission

May 5, 2004

With the implementation of HAVA at hand, fair and accessible voting is more important than ever. It is a long-term and complex task that must begin now. The Election Assistance Commission has a pivotal role.

The US Constitution guarantees citizens of our country the right to vote. Historically, many people with disabilities have been forced to give up their right to vote in an independent and private manner in order to vote at all. The votes of people with disabilities have been additionally compromised by barriers of attitude, physical access and equipment.

Public policy must now encourage the continued development of voting system technologies that will accommodate the needs of all Americans, including those with disabilities.

The Help America Vote Act of 2002 (HAVA) highlighted the importance of making voting systems nondiscriminatory and accessible to all communities, especially those that have traditionally been disenfranchised. 

In order to achieve the goal of accessible, private and secure voting for all Americans, all polling places must have the best possible voting systems. Direct Recording Electronic voting systems (DRE’s) are the most versatile and user-friendly of any available voting system. They can easily be adapted with earphones and other devices so that people with disabilities can cast ballots independently and in private, and they are easily adapted for multiple languages.

Studies indicate a high degree of acceptance of DRE’s by voters, of all ages, abilities and ethnic and racial backgrounds, who have used them. DRE’s, in fact reduce many of the operational problems in handling paper ballots that have sometimes led to election irregularities.

Security concerns over electronic voting machines tap into deep reservoirs of distrust: distrust of the election systems that were so flawed in 2000 as well as distrust of new technologies; and basic distrust of the political system.

Many have called for a voter-verified paper trail (VVPT) to address the security issues regarding DRE’s. We do not believe, however, that the security concerns regarding DRE’s are answered by a paper audit trail. While a paper trail might alleviate some of the security concerns, it would also disadvantage those with limited English proficiency and most assuredly disadvantage those with disabilities. The use of Voter Verified Paper Ballots (VVPB) used to recount and authenticate voting systems may, in fact, have the opposite effect.

In order to safeguard against malfunctioning voting machines, procedures that should be scrupulously followed, before, during and after Election Day. 

Current Voting System Standards (VSS) in federal election law do not include standards for a VVPB. The last revision of the VSS took 5 years. Requiring a VVPB will delay modernization of the nation’s voting system and, in fact, will result in Americans continuing to vote for a long time on the same antiquated punch card and voting systems they used in 2000.

For individuals who are blind or visually impaired, there is currently no certified paper verification system to provide them access to independently verify their vote. 

HAVA charges the Election Assistance Commission (EAC) and the National Institute for Standards and Technology (NIST) with studying our nation’s election system and recommending improvements to Congress.

We support giving the EAC and NIST time to gather the facts, conduct tests, and develop voting systems standards that, if implemented, would properly secure all voting systems. 

People with all types of disabilities have historically faced many different types of barriers that interfere with their fundamental right to vote. Some of these barriers are physical, some technical and some attitudinal.

For people with mental, developmental or cognitive disabilities, the problems are often not remedied by the removal of physical barriers or the use of new technologies. The use of a new, unfamiliar computerized system, in fact, may make it even more likely that many people with mental, developmental or cognitive disabilities will need assistance from the poll workers to use the machines; and they may need computer screens with simplified language that is accessible

Individuals with disabilities, particularly those with mental, developmental or cognitive disabilities face many additional problems, including improper denials of the right to register or vote. Such denials are often based on incorrect assumptions that an individual is incompetent to vote, based on the way the individual looks or acts. Provisional voting may need to be employed.

It is imperative that poll worker training concerning the voting rights of individuals with

disabilities be conducted at all local levels. Individuals with mental, developmental or cognitive disabilities should also be offered simple accommodations in voting and registration – for example, explaining instructions in simpler language or permitting a peer to provide limited assistance.

In summary, the overall effectiveness of the voting process in meeting the needs of voters with disabilities is dependent upon many things, including reliable electronic voting machines -- and including the proper training of poll workers and election officials as well as the education of voters about registration and voting requirements and opportunities. 

The proper administration of all elections and election systems by state and local election officials is of paramount importance.