Enhancing ADA Compliance at Polling Stations
Since 2021, the Department of Justice (DOJ) has intervened in 12 cases related to polling place accessibility issues, ranging from lack of physical access to inaccessible ballot boxes and website issues. Notable cases include U.S. v. Los Angeles County on May 16, 2023, and three counties in Texas cited for having election websites that were inaccessible to individuals with vision or manual disabilities
About BV and BV's ADA Services
BV knows that organizations like yours are challenged with ensuring your polling sites comply with federal, state, and local accessibility requirements, also known as the Americans with Disabilities Act (ADA). Through comprehensive assessments, evaluations, and close communication, our experts provide clarity regarding the complexities of the regulations and work with you closely to minimize the risk of costly litigation.
Facility managers and property owners have some big challenges such as not having enough resources and an ever-increasing workload. The ADA is a complicated law, and state and local accessibility codes can be confusing. Full compliance can be expensive. Also, some facility managers may be operating under the false assumption that older facilities are “grandfathered” for accessibility which is not allowable under ADA law. Non-government, private entities were mandated to begin “readily achievable barrier removal” on January 26, 1992, regardless of when the facilities were designed, constructed, or renovated.
With limited time and resources, what are some of the ADA hot buttons that facility managers need to have on their radars? When prioritizing which accessibility barriers to remove, we suggest that facility managers first provide access to the facility from public sidewalks, public transportation, and parking lots. Then provide access to areas where goods and services are made available to the public.
Background of ADA Compliance at Polling Stations
Since 2021, the Department of Justice (DOJ) has intervened in 12 cases related to polling place accessibility issues, ranging from lack of physical access to inaccessible ballot boxes and website issues. Notable cases include U.S. v. Los Angeles County on May 16, 2023, and three counties in Texas cited for having election websites that were inaccessible to individuals with vision or manual disabilities【source】.
Current Challenges
Despite increased DOJ enforcement, many boards of elections are still failing to follow ADA guidelines. A common problem is the disproportionate focus on early voting locations while neglecting those open only on Election Day. This oversight is problematic because program access must be consistent across all polling places, and voters cannot be expected to use alternate, more accessible locations on Election Day.
Temporary Solutions
To help polling places comply with ADA requirements on Election Day, the DOJ permits temporary solutions, including:
- Temporary Ramps: Over curbs and stairs to ensure accessible entry.
- Temporary Accessible Parking: Marked or blocked off with cones and temporary signage.
- Alternate Entrances: Using accessible routes if the main entrance is not accessible.
- Threshold Wedges: For door lips greater than ½ inch.
Polling places must still ensure an accessible route from the arrival point to and throughout the facility, which includes:
- Protruding Objects: The route should be free of obstacles.
- Vertical Clearance: A minimum of 80 inches.
- Clearance Width: At least 36 inches, with doorways reduced to 32 inches.
- Door Requirements: Doors should meet ADA standards or be propped open, with a temporary doorbell available to call election staff for assistance if needed.
Ballot Drop Boxes
Most ballot drop boxes are not permanent structures and thus are not technically subject to the 2010 Standards for Accessible Design. However, it is recommended to follow these standards for reach range and accessible routes to ensure they are usable by all voters.
Additional Considerations
- Service Animals: Approved service animals must be allowed.
- Effective Communication: This includes allowing a companion in the voting booth if requested, providing alternate print formats of the ballot if requested 48 hours in advance, and offering virtual sign interpreters if needed
By adhering to these guidelines and implementing temporary solutions where necessary, polling places can ensure they are accessible to all voters, fulfilling both legal obligations and the principle of inclusivity in the democratic process.