Election 2004: Determine Your Future -- Vote!

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People with disabilities hold some important distinctions: we make up 20% of Americans over the age of 18; we register to vote in the lowest numbers; and among registered voters, we have the lowest numbers for voter turnout. No wonder people with disabilities bear the consequences of the budget axe -- we aren't getting out to the polls! Elected officials aren't paying attention because we haven't mastered the art of making them listen on Election Day.

Important Facts:

• There were 6 million votes cast in the state of Florida in November 2000.
• The winner of the 2000 election was determined by a margin of 537 votes in the state of Florida.
• If people with disabilities voted at the same rate as the able-bodied, 4 million more votes would have been cast in the 2000 election.
• In 2004, there are 271 Republican electoral districts and 260 Democratic electoral districts in the US.

Accessible voting machines are now being used in many states, thanks to coalition efforts in 2003.
(Photo courtesy of AAPD).

If you thought 2000 was close, the election of 2004 promises to be even closer. There are many in the civil rights arena who feel that the 2004 election will be the most important in our lifetime. Why?

• Supreme Court justices (and federal judges) serve for a lifetime. Currently, most Supreme Court decisions have a 5 to 4 margin.
• It's conceivable that 4 of the 9 justices will retire or pass away over the next 4 years.
• The next president who appoints Supreme Court justices and federal judges has the capacity to shape constitutional law and scope for the next generation. That includes legal decisions that expand or limit your civil rights and the interpretations of the Americans with Disabilities Act (ADA).

The answer? Get out and vote on November 2, 2004. If you cannot make it to the polls, contact your registrar of voters ASAP to request an absentee ballot. Only 52% of Americans exercise their franchise to vote. For people with disabilities, the numbers are even lower and we are the largest minority group (40 million voters) in the country!

Elected officials respond to the groups that take the time to register voters in their district. When you want someone to listen to your concerns on an issue, the way to get a response is to communicate that your community registered 500 or 5,000 or 50,000 voters in that official's municipality, district, or state. Not only will they pay attention to you as an organizer, they will consider changing their vote. They want to stay in office. That's how voting influences the votes of elected officials.

Voting is important because it is a concise way to advocate your position. What are the important issues in your community? Housing? Transportation? Employment? Services targeted to meet the needs of the disability community? These are the reasons why people with disabilities need to vote. It starts at your doorstep. Vote Election Day, November 2.

Voting ID Tips - Be sure to bring identification when you vote, especially if you are a new registrant. Your ID must include your name and address. Government-issued IDs, such as state ID cards and drivers' licenses, are acceptable, also utility bills (because they show your name and address), bank correspondence that shows your name and address, or letters from government agencies that show your name and address. 

Hassled at the Polls? - If you are prevented from voting on Election Day or are hassled at the polls, call Election Protection at 1-866-Our-Vote (866-687-8683). There are 6,000 attorneys ready to make sure you get to vote on Election Day and willing to assist you in solving any problems.

Election Day Complaints - The Department of Justice wants to know if you encounter any difficulties at the polls. If you need to make a complaint, clearly describe the situation and include the exact address of the polling place, the name of the poll worker, and the county and state in which the event occurred. Send it to John Wodatch, Chief of Disability Rights, DOJ, Civil Rights Division, 950 Pennsylvania Ave., NW, Suite 4039, Washington, DC 20530, or e-mail john.l.wodatch@usdoj.gov.

The 2000 presidential election brought to the forefront the weaknesses that have plagued our country's voting system for far too long. By identifying the many problems, particularly those such as inaccessible polling places and voting machines that affected voting for people with disabilities, the end result was the enactment of the Help America Vote Act of 2002 (HAVA). This major piece of legislation promises to impact every part of our voting process and procedures -- from voting machines to provisional ballots to voter registration to training for poll workers -- by requiring state and local election officials to overhaul their systems to ensure that they are more inclusive, as well as to prevent what happened in Florida from happening again.

Does the enactment of HAVA mean that problems on Election Day or with the election process won't occur? Of course not. No one expects HAVA to make the system perfect. But it will require the voices of those who use the system to ensure that whatever is wrong can be fixed. That is where you, as a self-advocate, come in.

The upcoming federal election in November will enable you to learn whether your election officials, commission or board is living up to its obligations under HAVA.  Making a difference starts with you, and the right to vote is one way that we can each make that difference. Work to improve accessibility at your polling location, speak up to your local officials and poll workers, and take action through self-advocacy.

We need elected officials who have the courage to defend (and expand on) the civil rights victories that people with disabilities and their allies have gained in the last 30 years (ADA, IDEA, Section 504, Medicaid and all disability rights laws).  How do we get such courageous elected officials?  WE VOTE!
As a Virginia Voter, you have the following rights:

•  To be treated with courtesy and respect by the election officials.
• To be notified if your voter registration has been accepted or denied.
• To vote if you have registered at your current address at least 29 days before Election Day.
• To seek help from the election officials if you are unsure about anything relating to the voting process.
• To be given a demonstration of how the voting equipment works.
• To have your paper ballot voided BEFORE IT IS CAST and be given a new one if you feel you have voted incorrectly.  (This applies only if your polling place uses paper or paper–style [punch card or optical scan] ballot.)  
• To enter the full name of a write-in candidate if the candidate of your choice is not on the ballot (except in party primaries).
• To have a ballot brought to your vehicle instead of entering the polling place if you are 65 years of age or older, or if you are disabled.
• To have an officer of election or other person help you vote if you are physically disabled or unable to read or write.  Blind voters may have any person assist them.  Other voters may have anyone who is not their employer or union representative assist them. 
• Note: The officer of election or other person so designated who assists you in the preparation of your ballot shall do so in accordance with your instructions, without soliciting your vote or in any manner attempting to influence your vote, and shall not in any manner divulge or indicate, by signs or otherwise, how you voted on any office or question.
• To vote even if you have no identification with you at the polling place.  You must sign the “Affirmation of Identity” statement before voting if you have no ID.
• Exception: Voters who registered by mail on or after January 1, 2003, did not mail in a copy of their ID at that time, and fail to show one of the federally-required forms of ID when voting for the first time in a federal election must vote by Conditional Ballot.  They may not use the “Affirmation of Identity” statement.  
• To vote a Conditional Ballot if your status as a qualified voter is in question, and to be present when the Electoral Board meets to determine if your ballot will be counted.  See “Conditional Ballots” below.
• To bring your minor child (age 15 or younger) into the voting booth with you to observe you vote.
• To vote if you are in line by 7:00 p.m. when the polls close.
• To cast an absentee ballot if you are qualified to vote absentee.
• To register to vote absentee in Virginia if you are a U.S. Citizen overseas and your last residence in the U. S. was in Virginia, or you are a Virginia resident away in the military. 
• You cannot be denied the right to vote if you are eligible to do so.
• Jurisdictions must not apply standards or practices which deny or abridge the right to vote on account of race, must not deny any individual the right to vote on account of errors or omissions in registration applications which are not material to determining whether such individual is qualified to vote, and must not apply different standards and procedures to voters in determining whether they are qualified to vote.

As a Virginia Voter, you have the following responsibilities:  

• To treat the election officials with courtesy and respect.
  
• To keep your voter registration information up-to-date with your current address.
• To show your identification (ID) at the polls.  If you do not have an ID with you at the polling place, you may still vote if you sign an Affirmation of Identity statement, depending on your registration status.  
• To request assistance if you do not know how to use the voting equipment or have other questions about the voting process, or need assistance preparing your ballot because of a physical disability or inability to read or write.
• To check your ballot for correctness BEFORE casting it. 
• To understand that once your ballot is cast, you CANNOT be given another ballot even if you think you voted incorrectly.
• To ask the election official to call the General Registrar’s office BEFORE you leave the polling place if you have problems regarding your eligibility to vote or the casting of your ballot.

Note that the above statements are only a summary of U.S. and Virginia voting laws. They are not meant to amend or supplant those laws.

If you have any questions about your voter registration status or about elections in your locality, please contact your local voter registration office.  The phone number can be found on the internet at www.sbe.state.va.us under the Voter Registration Section, or in the blue Government pages of the phone book under “voter registration” for your locality.

If you feel your voting rights have been violated or that you may have witnessed an election law being broken, contact the State Board of Elections at 1-800-552-9745, or via email at info@sbe.virginia.gov.

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