Wednesday, April 22, 2020

Federal Complaint Says NY Absentee Rules are Unfair to Blind Voters


New York's New Absentee Voting Rules for 2020 Discriminate against the Blind, a Coalition of Disability Advocacy Groups says in asking the Justice Department to Intervene.

Gov. Andrew Cuomo (D) announced this month that Absentee Balloting will be Open to All Voters in the June 23rd Primaries. But requiring Voters to use Paper Ballots is Discriminatory because that Prevents Blind People from Voting "privately and independently," the Complaint filed Tuesday says.

On June 23rd, Voters will Vote in Primaries for: Presidential, Federal, State Legislature, School Boards, and a Special Elections:

Federal - 27th CD

State Senate - District 50

State House:

- District 12
- District 31
- District 136

While an Expansion of Mail-in Voting is certainly needed given the Public Health Crisis, the Organizations say, Alternate Methods are Required to permit the Disabled to Cast Ballots Safely and Securely. The needs of the Disabled, requires Special Voting Equipment and other Accommodations, and the Inability of Election Officials to Contact the Homeless are Two of the Main Reasons cited by Groups working to tamp down on Calls for making Vote-by-Mail virtually Universal Nationwide.

Cuomo's Executive Order for now a One-Time Exception to State Law. New York is One of 16 States that have an Excuse Requirement.

In New York, there are Two types of Disabilities Voting Machines depending on the Voters Location:


The ImageCast is a ballot marking device that allows a voter with disabilities to privately and independently vote on a paper ballot. Audio and tactile interfaces allow voters with sight challenges to complete their ballot. Voters can listen to the selections over headphones, or view an LCD screen with an image of their ballot that can be adjusted for size and contrast. A "Sip-N-Puff" or paddle device may also be used by voters with limited hand dexterity.


The AutoMark is a ballot marking device designed to provide privacy and accessibility to voters who are blind, vision-impaired, or have a disability or condition that would make it difficult or impossible to mark a ballot. In addition, it provides language assistance to voters who are more comfortable speaking an alternative language or who have reading difficulties. The AutoMark ballot marking device is also equipped for Sip-N-Puff and paddle devices to assist voters with hand dexterity challenges.

The Complainants say Cuomo's Order Fails to provide People with Disabilities Equal Access to the Ballot Box, as required by Federal Law. It asks the Justice Department to Instruct the New York Board of Elections to provide Online or other Accommodations consistent with the Americans With Disabilities Act.

The Complaint was filed by the American Council for the Blind (ACB), the National Center on Independent Living, and the New York Association on Independent Living.

"People who are blind should not have to be exposed to the virus unnecessarily by voting in person," said ACB President Dan Spoone. "Just as all other New York residents have the right to vote via absentee ballot, the state must provide an accessible voting method that blind residents can use remotely."

The Technology exists for the Visually Impaired to Vote Online in a Secure Manner, so States "have no excuse when arguing the difficulty of providing accessible absentee voting systems," said Karen Blachowicz, President of ACB's New York affiliate.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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