Under Title II of the ADA, the right to vote is protected for people with individuals, meaning that there must be accommodations and considerations when establishing a polling place.

The Right to an Accessible Voting Place

The physical space that is evaluated includes parking, drop off locations, accessible routes, ramps, existence of protruding objects, lifts and elevators, and the actual voting area. The guidebook provides solutions to obtaining accessibility in these areas if needed.

The Physical Accessibility of Polling Places

The Government Accountability Office reported that only 27% of polling places were accessible to people with disabilities in the 2008 elections and the other 73% of polling places had some sort of barrier that made it difficult or even impossible for someone with a disability to vote. 

The Government Accountability Office Report

In 2014, the DOJ started investigating Blair County, Pennsylvania, to ensure there was voting accessibility compliance with Title II of the ADA (42 U.S.C. §§ 12131 - 12134). The DOJ discovered that out of the 97 voting divisions in the county, 82 had barriers that limited access for people with disabilities and failed to comply with ADA regulations.

DOJ Settlement over Accessibility for Voters with Disabilities

The ADA has accessibility standards for voting that require that all public entities used for voting are accessible and usable for individuals with disabilities to vote.

Michigan State University

42 U.S. Code § 12204. The standards of accessibility provided in the ADA are built on the minimum guidelines that the Access Board creates. The Access Board also provides all needed assistance and training on standards. 

ADA Accessibility Standards


ADA CHECKLIST FOR POLLING PLACES, 2016, https://www.ada.gov/votingchecklist.pdf

Accessibility in Voting Areas

The Department of Justice and Department of Transportation are the issuing bodies for ADA accessibility standards. This means that the DOJ has ADA standards that all facilities must follow, except those of public transportation. The DOT issues ADA standards that public transportation must follow. 

Figures that Further the Access Board’s Standards

In 2004, the United States Access Board published finalized guidelines that include the minimum requirements the ADA and the ABA must follow. The DOJ and DOT issue the ADA standards based on these requirements. They are able to add additional requirements if needed.  

Learn Before

Related

Learn After