Texas Secretary of State Elections Division 11/19/2018 VOTING ACCESSIBILITY 26th Annual Election Law Seminar Cities, School and Other Political Subdivisions December 2014 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Polling place accessibility December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Laws on Accessibility Federal and State laws require that all polling places in all elections held in Texas are accessible to voters who are elderly or physically disabled. December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Federal Law Voting Accessibility for the Elderly and Handicapped Act of 1984. [42 U.S.C.A. §§ 1973ee-1--1973ee-6] Americans with Disabilities Act (ADA) of 1990. [42 U.S.C.A. §§ 12131-12133] Help America Vote Act (HAVA) of 2002 [42 U.S.C.A. §§ 15421 – 15425] December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division State Law Accessible to - physically disabled and elderly [Sec. 43.034] Public Building, if practicable. [Sec. 43.031] Within the election precinct if such buildings are available NOTE: at no time may an inaccessible building be used as a polling place. December 2014 Texas Secretary of State Elections Division

Standards of Accessibility Sec. 43.034(a)(1)-(5) The voting area must be: On the ground floor, defined as the floor of the building which can be entered from the street; or Accessible by an elevator with doors providing an opening of at least 36 inches. Doors, entrances, and exits used to enter or to leave the polling place must have a minimum width of 32 inches. This applies to all doors, entrances, and exits between the parking area and the voting area. Any curb adjacent to the main entrance to the polling place must have curb-cuts or temporary non-slip ramps. If it is not possible to install a permanent ramp before the election, temporary ramps may be utilized. December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Standards of Accessibility Sec. 43.034(a)(1)-(5) Any stairs necessary to enter or leave the polling place must have handrails on each side of the stairs and a non-slip ramp. The polling place may not have any barrier that impedes the path of the physically disabled to the voting station. Gravel Any break in the walkway over 1/4 inch in height Automatically closing gates Closed doors without lever type handles Objects protruding from walls which a visually handicapped person cannot detect with a cane. December 2014 Texas Secretary of State Elections Division

FAQs See page 4 of the Accessibility Outline December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Noncompliance DOJ Litigation compensatory damages and back pay to remedy discrimination Civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation Private individuals court orders to stop discrimination, subject to the same monetary limits for civil penalties of $55,000 for the first violation and $110,000 for any subsequent violation; punitive damages, reasonable attorney’s fees, litigation expenses, and court costs December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Noncompliance Formal Settlement Agreements The DOJ sometimes resolves cases without filing a lawsuit by means of formal written settlement agreements. Other Settlements The DOJ resolves numerous cases without litigation or a formal settlement agreement. In some instances, the public accommodation, commercial facility, or State or local government promptly agrees to take the necessary actions to achieve compliance. In others, extensive negotiations are required. December 2014 Texas Secretary of State Elections Division

Voting system accessibility December 2014 Texas Secretary of State Elections Division

Voting System Accessibility General Rule: Must provide at least one accessible voting system In each early voting & election day polling place December 2014 Texas Secretary of State Elections Division

Voting System Accessibility Accessible voting system must comply with: Section 504 of the federal Rehabilitation Act of 1973; Title II of the federal Americans with Disabilities Act; and, 42 U.S.C. Section 15481(a)(3) December 2014 Texas Secretary of State Elections Division

Accessible Voting System Exemption Elections without a federal office on the ballot Based on population Joint Elections: Exemption not available IF holding election jointly and ballot has federal office December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Exemption Notice & Publication Requirement Written notice to SOS No later than 90 days before election day Newspaper publication (exemption nos. 2, 3, 4) No later than 15 days before start of early voting Newspaper – general circulation December 2014 Texas Secretary of State Elections Division

VS Exemption pick your population *political subdivisions use county population Population less than 2,000 Population of 2,000 - 5,000 Population of 5,000 - 10,000 Population of 10,000 – 20,000 December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population less than 2,000 Exempt from the accessible voting system requirement Reasonable accommodation: voter may request by the 21st day before election day December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population 2,000 – 5,000 Must provide at least one accessible electronic voting system on election day. Location of accessible voting system: Recommend – at the early voting clerk’s office (if more than one EV location) December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population 5,000 – 10,000 Must provide one accessible electronic voting system on election day AND early voting period Location of accessible voting system: Early voting period – at the early voting clerk’s office (if more than one EV location) Election day – at the main early voting polling place December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population of 10,000 – 20,000 May provide fewer accessible voting systems IF comply with the following:. Submit an application of undue burden status Submit application to SOS, no later than 90th day before election day December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population of 10,000 – 20,000 Application of Undue Burden Status show that compliance would cause undue burden due to: Increased in costs by at least 25% as compared with last general election held before January 1, 2006 Deadline – 90th day before election day May 2015 Election: ____________________ December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Population of 10,000 – 20,000 IF SOS approves – entity must: Provide at least one accessible voting system during early voting period AND election day Branch EV locations – provide one mobile accessible voting system Deployed @ least once to each branch location Newspaper Publication 11/19/2018 Texas Secretary of State Elections Division

Political Subdivisions - in more than one county Fall into one of the 4 categories, you choose to be considered either: being located in the county that contains the greatest # of registered voters of the subdivision; or for each portion of the subdivision located in a different county to be considered as a separate subdivision December 2014 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Additional Materials Detailed outline on polling place and voting system accessibility Information sources “Meeting People with Disabilities” Information Sheet Poll Worker’s Tip Sheet Texas Election Administrators Guide to Working with Voters with Disabilities ADA Checklist for Polling Places December 2014 Texas Secretary of State Elections Division