Implementing an online ballot marking tool in Ohio prior to the 2016 Presidential election is an unreasonable accommodation request because it would fundamentally alter the state’s voting system, the U.S. District Court for the Southern District of Ohio ruled (Hindel v. Husted, S.D. Ohio, No. 2:15-cv-03061, 5/11/16).
Plaintiffs are comprised of three individuals who are blind, as well as the National Federation of the Blind, Inc. The individual Plaintiffs Shelbi Hindel, Barbara Pierce, and Marianne Denning (hereinafter “Individual Plaintiffs”) are all residents of Ohio who desire to vote absentee with the assistance of software that would allow them to mark their absentee ballots electronically. Ms. Hindel is able to read text on websites with the use of Job Access With Speech (“JAWS”), a type of screen access software that converts the text on a screen into an audio output or a Braille display pad. Ms. Pierce uses the program VoiceOver, another type of screen access software that is available on Apple devices. Ms. Denning, like Ms. Hindel, also uses the JAWS software to access text on her computer. The National Federation of the Blind is a blind advocacy organization that promotes the general welfare of the blind by assisting the
blind in their efforts to integrate themselves into society.
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