Disabled Voter's Guide 1984 Edition

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KNOW YOUR RIGHTS:
THE DISABLED VOTER’S GUIDE
1984 EDITION

Barbara D. McGarry, Editor

American Foundation for the Blind
15 West 16th Street
New York, New York 10011

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PREFACE

Since 1980, when the American Foundation for the Blind published its first
Disabled Voter’s Guide, all but 10 states have reported adding new provisions to
their existing state laws offering limited assistance to disabled voters determined
to exercise their right to vote.

Undoubtedly, many factors have contributed to the growing awareness of the
needs of handicapped persons during the past four years. in February 1981, after
passage of Congressional resolutions, President Reagan issued a proclamation
pledging U.S. participation in the United Nations’ designation of 1981 as the inter-
national Year of Disabled Persons. This action was followed in 1982 by each U.N.
member-country, including the US, establishing voluntary national and local com-
mittees to review the unmet needs of handicapped citizens in each country, con-
centrating on the removal of architectural barriers. In 1983, the US. Congress ap-
proved U.S. participation in the UN. Decade of Disabled Persons, and advanced
legislation for nationwide use of the international symbol of access for the dis-
abled. In the same year, House and Senate bills to facilitate voting by the disabled
in federal elections were supported by more than 200 cosponsors, and numerous
measures were introduced to extend existing tax deductions for businesses re-
moving architectural barriers for handicapped employees. Also in 1983, uniform
federal accessibility standards were provisionally adopted by numerous govern-
ment agencies, as the continuing outgrowth of the now-famous Section 504 of the
Rehabilitation Act, which states:

“No otherwise qualified handicapped individual in the United States. . . . shall,
solely by reason of his handicap, be excluded from the participation in, be
denied the benefits of, or be subject to discrimination under any program or ac-
tivity receiving Federal financial assistance.”

The 1984 edition of The Disabled Voter’s Guide, like its predecessor, has been
compiled on the basis of four criteria: (1) registration assistance; (2) accessibility of
polling places; (3) personal assistance in the voting booth; and (4) availability of ab-
sentee ballots for the disabled. Summarizing the results in each category, 36
states now permit handicapped persons to register by mail, with only 12 of those
states requiring the application to be notarized, and 3 states requiring a medical
certificate in addition. While all states authorize some form of assistance to the
disabled voter inside the booth, 29 specify particular assistance to the blind voter.
(One state, Vermont, has resolved the dilemma of assuring the privacy of its blind
voters by providing plastic templates with braille markings on the ballot, together
with a tape-recorded listing). Thirty-nine states now provide for some form of elimi~
nation of architectural barriers at the polling site, and 19 states authorize curbside
voting as an alternative to barrier removal. All states authorize voting by absentee
ballot for the physically disabled (only Rhode Island includes the mentally dis-
abled); but 21 states require the absentee ballot to be notarized, 11 states require an
accompanying medical statement of disability, and 9 states require both notariza-t

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tion and the medical statement to accompany the disabled voter’s absentee ballot.

While these findings suggest a less than ideal accommodation to the disabled
voter, they nevertheless represent an impressive advancement over 1980 findings,
reflecting an increased public sensitivity through the action of state legislatures.
Indeed, the editor would be remiss in not expressing particular appreciation for the
prompt and courteous responses to this survey, from each Secretary of State and
state election offices, often with complete documentation. In addition, invaluable
assistance has been provided by R. A. Reimer, Legislative Attorney of the Ameri-
can Law Division of the Library of Congress, Congressional Research Service; and
the Georgetown University Law Center’s Institute of Public Representation, in
Washington, DC

The Disabled Voter’s Guide—1984 Edition has been compiled by the American
Foundation for the Blind for the use and encouragement of disabled voters and
their advocates throughout the United States, and its reproduction in whole or in
part, at no cost to the recipient, is authorized for this purpose.

ALABAMA

does not authorize voter registration by mail for the handicapped; however, local
registration boards hold sessions in schools or churches, as well as the county
courthouse, up to 10 days before elections. No provisions were found on accessi-
bility requirements. In the voting booth, the blind or physically handicapped voter
may be aided by any person of his/her choice, after affirming disability. Absentee
ballots must be requested in writing not more than 60 nor less than 5 days before
election day; the ballot must be notarized, with an attending physician’s certifica-
tion of disability.

Reference: Code of Alabama, 1975, Ch. 17, 8-29, 9-25, 10-3.

Information Telephone: (205) 832-3570

ALASKA

provides for registration by mail, although most of its polling sites are accessible.
At the polls, any voter unable to mark the ballot may have the assistance of
another person of his choice. Absentee ballots are available at least 30 days in ad-
vance of an electon, together with cassette tapes listing candidates and ballot is-
sues; the returned ballot must be returned with the disabled voter’s physician’s
statement.

Reference: Alaska Statutes 1977, Ch. 15, 15.24, 57.050.

Information Telephone: (907) 586-6181

ARIZONA

requires voter registration at least 30 days in advance; in 1982 amended to permit
driver’s license applicants to register at the same time as applying for their license.
Registration is cancelled upon failure to vote. New precinct polling places
established by December 1, 1983, must be barrier-free. In the voting booth, anyone
physically unable to mark the ballot may choose his own assistant, or be aided by
two election judges of opposite political parties. Absentee ballots are available up
to 30 days before an election for the physically disabled, over-65, or legally blind,
and must be accompanied by a signed declaration of incapacity. The homebound
disabled may also have the ballot personally delivered in advance.

Reference: Arizona Revised Statutes Ch. XVI 120, 123, 166, 513, 541, 544, 579, 580.
Information Telephone: (602) 255-4286

ARKANSAS

has no provision for disabled voter registration. On accessibility of voting sites,
local election boards are to make “every reasonable effort” to make the sites
“reasonablyaccessible.” In the voting booth, a special ballot may be provided
“visually impaired” voters to protect confidentiality. A spouse or 2 election judges
may assist in marking paper ballots; for voting machines, the disabled voter may
be assisted by any person of his/her choice. Absentee ballots are available for the
temporarily ill or physically disabled, without a doctor’s statement.

Reference: Arkansas Statutes 972, Sections 3713, 3-903, 31219, 31222.
Information Telephone: (501) 371-1010

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CALIFORNIA

provides voter registration by mail for anyone on request, without any docu-
mentation. By 1979, all polling places required to be accessible, or with curbside
voting as an alternative. In the booth, a handicapped voter may be aided “by not
more than two persons”; and the registrar must assist anyone “unable to write.”
Absentee ballots are available to any registered voter. By a 1982 amendment,
voters with specific disabilities could become permanent absentee voters until
they fail to return a ballot in any statewide direct primary or general election (an
August 4, ’83 decision by the California Supreme Court, in Peterson v. San Diego,
upheld the absentee ballot provisions).

Reference: California Election Code, 1638.5, 10010.2, 14234, 14235, 14517.
Information Telephone: (916) 445-0820

COLORADO

permits voter registration by mail for a physically disabled applicant, with a
notarized declaration of disability sent to the county clerk at least 31 days prior to
an election. A 1982 amendment provided a form of curbside voting for the phy-
sically disabled voter, who must be brought a ballot by an election officer “within
100 feet of the polling place if denied access because of architectural barriers to
voting.” In the voting booth, after an oral declaration of disability, the voter may
have the assistance of another elector of his/her choice. A registrant’s affidavit of
disability qualifies him for an absentee ballot; or an “absent voter’s polling place”
is to be alternatively available, which “shall be free of architectural barriers.” Ab-
sentee ballots must be requested not more than 90 days nor less than 4 days be-
fore an election.

Reference: Colorado Election Code of 1980, 1-2—202, 2203, 5-107, 6-112, 7-101,.7-102,
7-106; 1982 amendments 10-3, 9-1, 92.

Information Telephone: (303) 866-2041

CONNECTICUT

authorizes voter registration by mail, with the physically handicapped voter’s no-
tarized statement of disability sent to the town clerk at least 3 weeks before an
election. On or before July 1, 1980, every polling place “shall be made accessible to
and usable by physically disabled persons,” to include 31 ” doors, temporary
ramps, curb cuts, and handrails. In the booth, a “blind or physically disabled” voter
may be aided by anyone of his/her choice. Absentee ballots are available 30 days
before an election; application should be in writing, accompanied by the voter’s
statement of disability, sent to the municipal clerk.

Reference: Connecticut General Statutes Ch. 9-6b, 13, 14, 3a, 31b, 133a, 135, 138,
140, 168d, 264, 359.

Information Telephone: (203) 566-3106

DELAWARE

allows any resident to register by mail, telephone, or in person; voter registration
forms must be completed and returned by October 1 of an election year to the
county elections office. All state-owned or leased facilities, and all new facilities

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must have been barrier-free by July 1979. In the voting booth, any blind or physical-
ly disabled voter may be assisted by any person of his/her choice. Absentee
ballots are available to any ill or physically disabled voter, to be notarized and ac-
companied by the attending physician’s statement.

Reference: Delaware Code Title XV Ch. 20, 49, 55; Title XXIX Ch. 73.

Information Telephone: (302) 736-4277

FLORIDAV

encourages “residents of the state who are physically disabled and unable to reg-
ister in person” to request voter registration forms by mail from the county election
board. The returned forms, completed and notarized, entitle the disabled voter to a
permanent registration card, on which is noted the voter’s need for assistance in
voting. Registration extends to 30 days before elections. The accessibility of poll-
ing sites is mandated, with 29” doors, curb cuts or temporary ramps, and hand-
rails. In the voting booth, any blind or physically disabled voter may have the assis-
tance of a person of his/her choice. Absentee ballots are available throughout the
year before elections; the disabled applicant must complete and have notarized
the prescribed form to accompany the ballot.

Reference: Florida Revised Statutes Title IX, Ch. 97-041, 97-061, 97-063, 101-051,
101-715.

Information Telephone: (904)488-7960

GEORGIA

requires all its residents to register inperson before the county registrar at least 30
days before a general election; the registration card includes provision for
assistance needed by the physically disabled applicant in the voting booth. A
statement of disability must be witnessed by the registrar; and registration is per-
manent. A 1983 amendment mandated accessibility of the polls for the elderly and
handicapped. Assistance in the voting booth may be provided to the handicapped
voter by any other voter of his/her choice. Not more than 90 days before an elec-
tion, the physically disabled voter may apply in writing for an absentee ballot.
Reference: Georgia Election Code amended 1978, 1983; sections 34-609, 34-619,
34-705, 34-1312, 34-1402. "

InformationTelephone: (404) 656-2871

HAWAII

provided no information for voter registration by mail, or for voting site accessibili-
ty, except for permitting curbside voting- In the voting booth, a physically handi-
capped voter may be assisted by two election officials of differing political parties,
or by another qualified voter of his/her choice. Absentee ballots are available to
any registered voter.

Reference: 1982 Election Laws of Hawaii, Sections 11-139, 152.

Information Telephone: (808) 548-2544

IDAHO

provides that the county clerk, upon receiving a written request, may register an ill
or disabled elector at his/her home. Accessibility of polling sites is authorized “to
the maximum extent deemed possible by the [election] board,” with the alternative
of curbside voting if no more than 40 feet from the polling site. Inside the voting
booth, a blind or physically disabled voter may receive assistance by either of the
election clerks, or by any other person of his/her choice. Absentee ballots are
available to anyone physically unable to vote in person.

Reference: Election Laws of the State of Idaho, 1978, Ch. 34-407, 34-302, 34-1108,
34-1002, 34-2427.

Information Telephone: (208) 334-2300

ILLINOIS ,

While having no specific provisions for voter registration by mail, authorizes the
use of nursing homes as temporary registration sites. As to accessibility, the only
provision found was that “polling places shall be on the ground floor.” At the polls,
“any voter who requires assistance must declare, under oath, that he is unable to
mark his ballot because of a physical disability, the nature of the disability, and
whether the disability is permanent.” If blind, the voter may be assisted in voting by
a person of his/her choice; if othen/vise disabled, by a member of the immediate
family, or by two election officials of opposite parties. Absentee ballots are avail-
able by mail upon written request sent to the county election board by the disabled
voter not more than 90 days before an election; the ballot must be notarized and
accompanied by the attending physician’s statement. The absentee ballot covers
five years, and is renewable.

Reference: Illinois Election Code, amended 1982, Ch. 3, Sections 1222, 107012,
1231, 231.

Information Telephone: (217) 782-1535

INDIANA

requires both a notarized statement of disability and the attending physician’s
statement to accompany a handicapped resident’s request for registration by
mail, at least 30 days in advance of an election. No provisions were found for ac-
cessibility of polling sites, or for curbside voting as an alternative. In the voting
booth, the blind voter may have the assistance of any person of his/her choice.
Other physically disabled voters may be aided by a member of their family, or by
two election judges of differing parties. Not more than 90 days before an election,
an absentee ballot may be requested by mail from the county election board; the
returned ballot must be notarized and accompanied by the attending physician’s
statement.

Reference: Indiana Election Code, amended 1982, Ch. 3, 2-3-1, 122-1, 1231, 1-7-12.
Information Telephone: (317) 232-6541

IOWA

provides for voter registration by mail by any resident. In the selection of any poll-
ing site, “preference shall be given to the use of buildings accessible to elderly and

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physically disabled persons,” with the option of curbside voting. In the voting
booth, blind or other physically disabled voters may be assisted by anyone of their
choosing; or, if unable to enter the polling place, they are to be provided a paper
ballot at curbside. Absentee ballots are available to any disabled voter, and may
also be delivered to patients in a health care facility.

Reference: Iowa Code, amended 1982, Sections 49.21, 49.90, 49.91, 53.15.
Information Telephone: (515) 281-5864

KANSAS

provides that any resident may apply for voter registration by mail; however, failure
to vote in 2 consecutive state general elections cancels the registration, and reap-
plication must be made (notice of cancellation is mandatory). Accessibility of poll-
ing sites is spelled out: 30” doors, curb-cuts, handrails, and ramps, with the option
of curbside voting. In the voting booth, any voter who is blind, physically handi-
capped, language-handicapped, or over age 65 may have help from the person of
his/her choice. Any ill or physically disabled voter may request an absentee ballot
between 90 days prior to election day and up to the preceding Friday, for a general
election.

Reference: Kansas Statutes Annotated, 1982 ed., Ch. 25-1119, 2710, 2909, 2316.
Information Telephone: (913) 296-2236

KENTUCKY

permits any resident to register in person or by mail to the county clerk, up to 30
days before a primary or general election. With reference to accessibility, “the
county board of elections shall make every reasonable effort to designate as
voting places only those places which are accessible to those with physical limita-
tions and the elderly.” In the voting booth, upon signing an oath of disability, the
voter who is blind or physically disabled may be aided by a person of his/her
choice, or by 2 election judges. At least 7 days before an election, a qualified
disabled voter may apply by mail for a special disabled voter’s absentee ballot, to
be accompanied by the attending physician’s statement.

Reference: Kentucky Revised Statutes 1982, 116.045, 117.065, 117.085, 117.255,
117.975.

Information Telephone: (502) 564-7100

LOUISIANA

does not specify registration procedures for the handicapped; however, mobile reg-
istration units circulate within a parish (county) up to 30 days before an election. The
physically handicapped voter may cast his/her vote at the nearest accessible poll-
ing place, whether assigned or not, upon 10 days’ notice to his own parish registrar
In the voting booth, a voter who is blind or physically handicapped may be helped by
any person of his choice. A permanently physically disabled voter may apply for an
absentee ballot, submitting his attending physician’s statement, and receive the
ballot for 5 years, renewable. Voting materials are also available in French.
Reference: LoUisiana Revised Statutes 1982, Title XVIII Ch. 4-133, Ch. 5531, Ch. 7-1304.
Information Telephone: (504)342-8720

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MAINE

offers voter registration by mail, by writing or calling the state elections office (see
number below). Registration is also possible at the polls, or with an absentee
ballot request. Alternative accessible voting places are available for the “physical-
Iy handicapped and elderly”; any new voting place must be accessible. In the
voting booth, blind or physically disabled voters shall be assisted by any person of
their choice, or by two election officers (for primaries, of the same party as the
voter; for general elections, one of each party). For the physically handicapped
voter “of sound mind,” absentee ballots are available, with the application accom-
panied by a notarized statement.

Reference: Maine Election Code, Title XXI, Sections 102, 604, 862, 1254.6, 1454.1.
Information Telephone: (207) 289-3503

MARYLAND

provides that “any qualified voter whose physical disability permanently prevents
him from being present shall be allowed to register or re-register by casting his
absentee ballot.” On the issue of accessibility, “every polling place, to the extent
feasible, shall be structurally barrier-free.” There must be at least alternative poll-
ing places, barrier-free, for the physically handicapped voter. Blind or physically
disabled voters in the voting booth may be aided by anyone of their choice, except
(as stipulated in a 1983 amendment) that such aid may not be given by the voter’s
employer or an official of the voter’s labor union. All “ill and disabled persons” may
request an absentee ballot, at least 7 days before an election.

Reference: Maryland Election Code, amended 1977, 1983, Art. 307(a), 33-2, 33-3,
33-16, 37-2(a).

Information Telephone: (301) 269-3711

MASSACHUSEI'I'S

allows on-site voter registration, at least 30 days in advance, for the physically
disabled in a residence, rest home, or hospital, upon request by mail. Any polling
site designated after 1975 must be accessible to the handicapped. In the voting
booth, any blind or disabled voter may be assisted by a person of his/her choice, or
by two election officials of differing parties. Absentee voting is available for the
physically disabled; if the disability is temporary, the ballot must be notarized and
accompanied by the attending physician’s statement. For the blind and visually
impaired voters, the Voter Information Handbook is available in large type or 331/3
recording.

Reference: Massachusetts General Laws Annotated 1975, 1979 Ch. 51 sect. 42A, 54
sect. 79.

Information TelephOne: (617) 727-2828

MICHIGAN

authorizes voter registration by mail, up to 30 days before an election, by any physi-
cally disabled or over-60 voter. Alternate polling places may be established “at a
residence or facility in which not less than 150 persons aged 62 or older reside.” In
the voting booth, any physically disabled voter may be assisted by two election of-

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ficers; a blind voter may be assisted by anyone of his/her choice who is over age 18.
An oath of disability is requried for such assistance. Any physically disabled person
may apply for an absentee ballot, up until 2 PM. of the Saturday before an election;
anyone helping with the ballot must complete an affidavit of assistance.
Reference: Michigan Election Code, 1978, Section 168, Art. 492, 504,662, 751, 761, 758.
Information Telephone: (517) 373-2540

MINNESOTA

provides for voter registration by mail for ill or physically disabled persons; the reg-
istration application may also be completed and returned with an absentee ballot.
Accessibility for polling places is spelled out: 31 ” doors, curb cuts, temporary
ramps, and handrails, with the option of curbside voting. In the voting booth, the
disabled voter may be assisted by two election officers, or by any other voter of the
same precinct. Absentee voting is available, with the ballot accompanied by a
registration card and notarized proof of residence.

Reference: Minnesota Statutes 1977, 201.061, 204A.O9, 204A.34, 207.02, 207.03.
Information Telephone: (612) 296-2805

MISSISSIPPI

offers to the blind or disabled voter in the voting booth the assistance of an elec-
tion officer or a person of the voter’s choice. (No provisions were found on voter
registration by mail, or on accessibility of sites.) Any “physically incapacitated
elector” may apply for an absentee ballot, which must be notarized.

Reference: Mississippi Code Annotated 1972, supp. 1979, Art. 235-157, 23739,
23-9-409

Information Telephone: (601) 354-6541

MISSOURI

permits voter registration by mail if “due to illness, disability, or religious practice.”
Without specifying accessibility, one section requires that public buildings must
be available as polling places, with curbside voting available up to 200’ from the
polls, “when time permits” the election officials to bring the ballot out to the vehicle
carrying the disabled voter. Inside the voting booth, assistance may be provided by
any person of the voter’s choice, or by two election judges of differing parties.
Anyone unable to go to the polls may be issued an absentee ballot, with no
medical certificate required, but with notarization. On request, election teams will
also take ballots to nursing homes or hospitals.

Reference: Missouri Election Laws, supp. 1979, sect. 115.161, 115.117, 115.436,
115.277, 115.287.

Information TelephOne: (314) 751 -4875

MONTANA

provides for voter registration by mail to anyone “physically incapacitated,” up to
30 days before an election; however, registration is cancelled for failure to vote in a
Presidential election. While no provisions were found on accessibility of polling
places, curbside voting is available to the handicapped voter, aided by 2 election

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officers of differing parties. In the voting booth, a voter with “physical disability or
inability to read and write” may be aided by 2 election officers or another voter of
the same county. A “physically incapacitated” voter may vote before election day,
by casting an absentee ballot without having it notarized or accompanied by a
medical certificate.

Reference: Montana Code Annotated (1979) Ch. 13-2-203, 13-118, 13-119, 13-222.
Information Telephone: (406) 449-2034

NEBRASKA

permits any disabled voter to register by mail, up to 35 days before an election
through noon of election day. Accessibility of polling places is mandated, with the
option of curbside voting. In the voting booth, any blind, paraplegic, or other dis-
abled voter, after making an oral declaration of disability, may be aided by 2 election
officials of differing parties; also, blind or paraplegic voters may be aided by any per-
son of their choice. Not more than 35 days before an election and up to 4 PM. the
Friday before elections, a disabled voter may request an absentee ballot; the returned
ballot must be notarized, but no accompanying medical certificate is needed.
Reference: Nebraska Revised Statutes, 1978 supp., sect. 32807.01, 32-438, 32-460,
32-810.

Information Telephone: (402) 471 -2244

NEVADA

allows a blind or physically handicapped voter to be helped, in the voting booth, by
a person of his/her choice; if the disability is not apparent, an affidvit may be re-
quired. (No provisions were found on registration by mail, or on accessibility.) An
absentee ballot is available to any ill or disabled voter, to be accompanied by the
attending physician’s statement, but not notarized.

Reference: Nevada Revised Statutes, Title 24 (1982).

Information Telephone: (702) 885-5203

NEW HAMPSHIRE

permits the physically disabled resident to register by mail, with notarization of the
required form. No provisions were found on accessibility of polling sites, or curb-
side voting. In the voting booth, blind or physically disabled voters may be aided by
1 or 2 election officials; in the case of “total blindness,” by any other voter in the
same ward. The disabled voter may request an absentee ballot, which must be ac-
companied by a statement of disability.

Reference: New Hampshire Election Laws, amended 1982, sect. 659.20, 657.1.
Information Telephone: (603) 271-3242.

NEW JERSEY
authorizes voter registration by mail for the physically disabled; upon request, the
“chronically ill” may also be registered at their home, with the attending

physician’s statement required. In addition, mobile registration teams canvass
door-to-door every 4 years, in Presidential election years. With regard to polling
places, “consideration shall be given to the use of buildings accessible to elderly

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and physically disabled persons.” In the voting booth, after completing the
prescribed disability certificate, disabled voters may be aided by 2 election of-
ficers; blind voters may be helped by any person of their choice. Modified curbside
voting is also available. Absentee ballots are available, up to 7 days before an elec-
tion, without an affidavit of disability; once approved, the application entitles the
permanently disabled voter to continue voting by absentee ballot indefinitely.
Reference: New Jersey Statutes, amended 1983, Title XIX 31-6.7, 31A-8, 8-3, 57-3, 57-7.
Information Telephone: (609) 292-3790

NEW MEXICO

has no provisions for voter registration by mail, for the handicapped resident; fur-
ther, registration is cancelled for failure to vote in a general election. On accessibil-
ity, “the polling place of each precinct. . .shall provide individuals with physical
mobility limitations an unobstructed access to at least one voting machine.” In the
voting booth, after completing a statement confirming the need for assistance,
blind or physically disabled voters may be aided by a person of their choice. The
disabled voter is also eligible for an absentee ballot; the voter must apply by using
the prescribed form, signed and witnessed.

Reference: New Mexico Statutes Annotated, 1981 cumulative supplement, 1-4-3,
1-4-8, 1-4-28, 1-3-2, 1-12—12, 1-12-15, 1-6-3.

Information Telephone: (505) 827-3253

NEW YORK

provides for voter registration by mail; in Presidential election years, statewide reg-
istration is permitted up to 30 days in advance. For residents of New York City, a
list of accessible registration sites must be published. If the registrant is permanent-
ly disabled, he/she is automatically eligible for absentee voting, upon certification
by the attending physician. There must be written notice given on non-accessible
voting places, including a list of accessible sites, according to a 1982 amendment.
In the voting booth, a handicapped voter may be assisted by a member of his/her
immediate family, or by 2 election officers of differing parties; if blind, he/she may
be aided by anyone of his/her choice. Absentee ballots are available to handi-
capped voters at home, in hospitals, nursing homes and senior centers, upon re-
quest. No medical certification is required, except for the permanently disabled.

Reference: Election Laws of New York, amended 1982, Sections 4-119, 5-200, 5-204,
5-612, 5-712, 8-306.

Information Telephone: (518) 473-4129; or TI'Y: 1-800-522-4369

NORTH CAROLINA

offers ‘no provision for registration by mail; however, a voter who is certified as
blind, by either an MD. or an OD. at the time of registration, may be aided in the
voting booth by anyone of his/her choice. In addition, aged and disabled persons
are eligible for curbsdide voting, after signing a statement of disability. Absentee
ballots are also available if the application is notarized and accompanied by the at-

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tending physician’s certification.

Reference: Election Laws of North Carolina, amended 1981, Sections 163.155,
163.1521, 163.2272.

Information Telephone: (919) 733-3433

NORTH DAKOTA

is the only state in the union where registration is not required. On accessibility, “If
at all possible, polling places are to be barrier-free.” In the voting booth, blind or
other disabled voters may be aided by any person of their choice. Absentee ballots
are available for the physically disabled, if requested within 30 days of an election
and accompanied by a statement of disability.

Reference: North Dakota Century Code, amended 1983, Ch. 15-02, 12-08, 18-01, 06, 09.
Information Telephone: (701) 224-2900

OHIO

requires all voter registration sites and all polling places to be barrier-free, with
specifics spelled out; curbside voting is also approved. Registration by mail is
available for the physically handicapped, with the signature of any person
assisting. Upon an oral declaration of disability, a handicapped voter may be aided
inside the voting booth by a near relative; a blind voter may be aided by anyone of
his/her choice. Absentee ballots are available for anyone “confined by disability,”
to be accompanied by a statement of disability.

Reference: Ohio Revised Code amended 1981, Sections 3503.12, 3503.13, 3501.29,
3505.24, 3509.08.

Information Telephone: (614) 466-2530

OKLAHOMA

has no provisions for voter registration assistance to the blind or disabled. There is
modified curbside voting for “the voter unable to enter the polling place.” After an
oral declaration of disability, the physically disabled voter may be aided inside the
booth by 2 election officials of differing parties; the blind voter, by anyone of his/her
choice over age 16. A new provision states that “any registered voter, regardless of
physical or geographic circumstances, will be able to vote by absentee ballot in 1984.”
Reference: Oklahoma Statutes amended 1983, Title XXVI, 14-105; Ch.,7-123, 124.
Information Telephone: (405) 521-2391 "

OREGON

authorizes any physically incapacitated resident to register by mail; or upon re-
quest, the incapacitated person may be registered in his home, up to 21 days
before an election, by the county clerk. Voting sites “should be accessible to the
physically handicapped,” with the alternative of curbside voting. Inside the voting
booth, any disabled voters may be aided by 2 election officers 0f differing parties,
or by a person of the voter’s choice. Absentee ballots may be requested, at least 60
days before an election, with the applicant submitting a statement of disability.
Reference: Oregon Revised Statutes 1982, Ch. 247.015(3), 246.425, 254.445, 253.030.
Information Telephone: (503)378-4144

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PENNSYLVANIA

extends registration by mail to any homebound or disabled resident who may aiso
request an absentee ballot by submitting a statement of disability. (No provisions
were found on accessibility of polling places, or curbside voting.) Upon making an
oral declaration of disability, a voter may be aided inside the voting booth by
another registered voter of the same election district. Absentee ballots are
automatically available, for all future elections, to any handicapped registrant;
ballots may be collected at institutions and hospitals by the county clerk.
Reference: Pennsylvania Election Code amended 1982, 14:1302, 3058,3146.
Information Telephone: (717) 787-5280

RHODE ISLAND

is the only state to extend voting assistance to the mentally disabled, as well as to
the physically handicapped. Both categories are eligible for voter registration by
mail, with the application accompanied by the attending physician’s statement.
The accessibility of polling places does not include the Option of curbside voting;
instead, the sites are to be “situated in a building architecturally and structurally
suited for ready access by the handicapped, whenever practicable, at no addi-
tional cost.” At the polls, a blind voter may have the assistance of anyone of his/her
choosing; other handicapped voters may be aided by 2 election officers. Absentee
ballots must be requested 3 weeks in advance, and are available for those with
“physical or mental disability.” Once an absentee ballot is approved, with the at-
tending physician’s statement, the handicapped voter is entitled to permanent
absentee voting.

Reference: Election Laws of Rhode Island, amended 1983, 17.9.10, 1720.9, 17.19.31,
17.19.26, 1720.1. 7

Information Telephone: (401) 277-2357

SOUTH CAROLINA

requires registration at least 30 days before an election; the “physically disabled”
may apply by mail (a 1982 amendment), with the application form to be returned
with a statement of disability signed by 2 witnesses. No provisions were found on
accessibility of either registration or polling sites. Inside the voting booth, the
“physically incapacitated” voter is to be aided by an election official together with
any other voter, or a spouse. Absentee voting is available for any physically disabl-
ed qualified elector, with the application to be accompanied by the attending
physician’s statement, and notarized.

Reference: South Carolina Election Laws amended 1982, 15-7-1,15-7-320, 7-13-780.
Information Telephone: (803) 758-2571

SOUTH DAKOTA 7

provides that a disabled voter may be assisted in the voting booth by “any person
whom he may select.” No provisions were found on accessibility of either registra-
tion sites or polling places, nor of the option of registering by mail. However, the
disabled voter is eligible for absentee voting, with the application to be accom-

-1'3-

panied by a norarized statement of disability. In addition, the residents of health
care facilities are brought absentee ballots.

Reference: South Dakota Codified Laws amended 1977, 12-18-25, 12-19-1, 12-9-1.
Information Telephone: (605) 773-3537

TENNESSEE

not only authorizes voter registration by mail, but even provides that the registrar
may come to the home of an ill or disabled resident, upon request. No provisions
were found on accessibility of registration sites, polling places, or on curbside
voting as an alternative. At the polls, blind voters may be aided by a person of
their choice; other disabled voters by a member of their immediate family, or by 2
election officials of differing parties. Large-print and tape-recorded election
materials are to be available at each county election office. Disabled registrants
are automatically eligible for absentee ballots in all future elections, with the ballot
notarized. In addition, full-time residents of nursing homes may request 2 election
officers from differing political parties bring ballots to the place of residence.
Reference: Tennessee Election Laws amended 1979, 2-2-110, 2-2-115, 2-6-102.
Information Telephone: (615) 741-7956

TEXAS

allows voter registration at least 30 days in advance, with the registration certifi-
cate valid only for “the succeeding two voting years.” A physically disabled voter
may be assisted by a family member. On the question of accessibility, “all elec-
tions are to be held in a public building where practicable,” also, curbside voting is
permitted for the disabled voter who may vote “in an ambulance or other con-
veyance,” using an absentee ballot. Inside the voting booth, the disabled voter may
be aided by any other qualified voter of his choice. Absentee ballots are also
available, not more than 60 days before an election; and, as a result of a 1981
amendment, accompanying medical certificates of disability are no longer re-
quired. In counties with at least 5 percent Spanish-surnamed residents, ballots
must be printed in both English and Spanish.

Reference: Texas Election Laws, amended 1981, Sections 5.14(a), 2.03(a), 5.05(3a),
5.05(15), 5.05(2g).

Information Telephone: (512) 475-3091

UTAH

provides that physically disabled residents may register by mail, up to 15 days
before November elections. The only provision found on accessibility is for curb-
side voting as an alternative. Inside the voting booth, after an oral declaration of
disability, the disabled voter may be aided by 2 election officials of differing par-
ties; if blind, he/she may be aided by “any qualified elector” of his/her choice.
Absentee ballots are available if requested at least 30 days before an election.
Voter information pamphlets are also available by mail, in large-type print or tape
recording.

Reference: Utah General Election Laws amended 1981, 20-2-7, 20-7-24, 26-6-1.
Information Telephone: (801) 533-5115

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VERMONT

requires a “Freeman’s Oath” as a prerequisite to voter registration, which can be
administered in person or in absentia. (No provisions were found on registration by
mail.) Accessibility of polling places is mandated, with ground-floor sites, and/or
ramps, elevators, or alternative accessible sites, and the option of curbside voting.
Inside the voting booth, physically disabled voters are to be aided by 2 election of-
ficers; blind voters may be aided by another voter of their choice. (In 1982, Vermont
tested a unique method of guaranteeing the blind voter’s privacy of the ballot; see
Preface.) Absentee ballots can be mailed, or delivered personally to ill or physicaily
disabled voters on request, with the returned ballot accompanied by a notarized
statement of disability; notarization is waived for permanently disabled voters.
Reference: Vermont Statutes, amended 1983, Sections 2124, 2502(b), 2569(a), 2538(b).
Information Telephone: (802) 828-2363

VIRGINIA

provides special voter registration for the permanently disabled resident, who may
request that the registrar come to his place of confinement, upon completing a
witnessed statement of disability accompanied by his/her physician’s certifica-
tion. While no provisions were found on accessibility, there is the option of curb-
side voting, with paper ballots available on request. Inside the voting booth, dis-
abled voters may be aided by any election officer; blind voters, by anyone they
choose. Absentee ballots are available up to 10 months before elections, with the
ballots sent out 30 days in advance, to be returned with a signed and witnessed
statement of disability.

Reference: Code of Virginia amended 1978, Ch. 24, 1-48, 1-49.1, 1.129, 1-132, 1-229,
1-232.

Information Telephone: (toll-free) 800-552-9745

WASHINGTON

(state) requires voter registration at least 30 days before an election; a disabled
resident may be registered at home by a volunteer of the League of Women Voters.
As a result of a 1979 law calling for “reasonable efforts” to eliminate architectural
barriers to polling sites, by 1983 “every inaccessible polling place has been either
moved or made temporarily accessible,” according to the Secretary of State. A
1981 amendment allowed blind voters to be assisted inside the booth by anyone of
their choice; other disabled voters may be aided by a relative or 2 election officers
of differing parties. Absentee ballots are available to all disabled voters upon re-
quest, without certification. Another 1981 amendment mandates the availability of
taped or braille pamphlets on all state candidates.

Reference: Revised Code of Washington, amended 1981, 29.51.200, 29.51.210.
Information Telephone: (206) 753-7121

WEST VIRGINIA

provides for voter registration by mail; in addition, every 2 years registrars visit in-
stitutions for ill and disabled residents, for on-site registration, with a notation of
disability included on the form. No provisions were found as to accessibility of

_15-

sites; and West Virginia specifically precludes the option of curbside voting by the
disabled. Inside the voting booth, after an oral declaration of disability, the dis-
abled voter may be aided by 2 poll clerks; if blind, by “any duly registered voter.”
Absentee ballots are available to the “permanently and totally physically
disabled,” with the initial request to be accompanied by a signed and witnessed
statement and the attending physician’s certification.

Reference: West Virginia Code, supp. 1981, Ch. 3, 2-24, 2-22, 2-3, 1-34, 3-2(b).
Information Telephone: (304) 348-2112

WISCONSIN

permits voter registration by mail for any resident; in addition, a “confined or dis-
abled” person may be registered at his home or in an institution, with an accom-
panying statement of disability. Accessibility provisions state that “if a polling
place does not have at least one entrance which is accessible to persons in wheel-
chairs, the ward inspectors shall receive the ballots of physically disabled persons
at the door.” Within the voting booth, physically disabled voters may be aided by 2
election officials of differing parties, or by any other voter of the district. Absentee
ballots are available to those over age 70, and the physically disabled, beginning 3
months before election-day and up to the previous Friday, with the ballot either
notarized or witnessed. One approved application for an absentee ballot entitles
the applicant to vote absentee in all future elections.

Reference: Wisconsin Statutes rev. 1982, Sections 16.28, 6.30, 6.82, 5.25,. 6.85.
Information Telephone: (608) 266-8005

WYOMING

authorizes its physically disabled or infirm residents to register by mail, with notar-
ization as to disability. No provisions were found on accessibility of polling sites, or
on curbside voting as an alternative. On assistance within the voting booth, “An
elector physically unable to mark his ballot. . .may upon his request receive the
assistance of 2 election judges of different political parties.” Absentee ballots are
available “for reasons of illness, injury, disability, old age, or tenets of religion,” to
be requested by mail or telephone, with the returned ballot notarized.
Reference: Wyoming Election Code, supp. 1979, Ch. 22, 3-117, 13-113, 9-102, 9-104.
Information Telephone: (307) 777-7186

DISTRICT OF COLUMBIA

mails out voter registration applications upon the request of its elderly and dis-
abled residents. Curbside voting is permitted for any handicapped voter brought
by vehicle to the polling place. Inside the voting booth, blind or other disabled
voters may be assisted by anyone they choose, or by 2 election officials of differ-
ing parties. Absentee ballots are also available upon request for the disabled up to
15 days before a primary or general election.

Reference: District of Columbia Code amended 1978, 1-1107, 1-1105(c)(14), 1-1109(b).
Information Telephone: (202) 347-9725

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GUAM

as the largest of the Mariana Islands in the West Pacific and a possession of the
U.S., sends a Delegate to the US. Congress, who is assigned to committees of the
House of Representatives. Its voting laws are similar to many states; for instance,
its physically disabled voters may be aided inside the voting booth “by not less
than 2 members of the precinct board.” It also extends availability of the absentee
ballot to its ill or physically disabled voters. (No provisions were found on registra-
tion by mail, or architectural barriers.)

Reference: Guam Code Annotated, Title III, art. 9142, 10101.

Information Telephone: Agana 472-6841

PUERTO RICO

associated with the United States in its Commonwealth statutes, elects a Resi-
dent Commissioner to serve in the US. House of Representatives. Under its Elec-
toral Act, an “Affirmative Action Plan” requires that all disabled residents be
registered by the Commonwealth Elections Commission by the end of 1983. In a
1982 amendment, all blind or physically disabled voters at the polls are to be aided
by a person of their choice, in both primary and general elections. (No provisions
were found on accessibility.)

Reference: Puerto Rico Electoral Act, amended 1982, 16.3013, 16.3233, 16.3171.
Information Telephone: (809) 763-0635

US. VIRGIN ISLAND

like Guam, sends a Delegate to the US. House of Representatives. In its voting
laws, provision is made for voter registration by mail. In a 1981 amendment, the
availability of absentee voting was extended to the ill or physically disabled
“whether permanent or termporary,” with application due at least 7 days in ad-
vance of an election, and the returned ballot to be accompanied by a signed and
witnessed statement of disability. (No provisions were found on accessibility or
assistance in the voting booth.)

Reference: 18 Virgin Islands Code amended 1981, art. 663, 661(1)(b).

Information Telephone: (909) 774-5666

-17-

American Foundation for the Blind

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Matter for the Blind
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