1. Blueprint for Action Recommendations of the Voting Symposium Charlie Sabatino ABA Commission on Law and Aging October 10, 2008

2. Dual concerns Where and how to draw the line between enabling voting by those who can and preventing voting for those who should notWhere and how to draw the line between enabling voting by those who can and preventing voting for those who should not –Creatively facilitating voting, especially in residential facilities, by those who can –Protecting election integrity by preventing fraud

3. Search for Answers Pacific McGeorge Law School Symposium – March 2007Pacific McGeorge Law School Symposium – March 2007 –Invited multidisciplinary experts –Commissioned 6 papers [published at 38 McGeorge L. Rev. Issue 4 ( 2007)] –Facilitated discussion –Recommendations of the Symposium ABA action – August 2007ABA action – August 2007 See www.abanet.org/aging/voting/See www.abanet.org/aging/voting/

4. Symposium Organization Five Working Groups 1.The “Big Picture”: How Aging and Cognitive Impairment Fits into the Broader Issues of Access to Voting 2.Defining and Assessing Capacity to Vote 3.Absentee Balloting 4.Long-Term Care 5.Technology

5. Major Issues In what ways, if at all, should persons with impairment be treated differently?In what ways, if at all, should persons with impairment be treated differently? Who should determine intent, or capacity, to vote? How to define?Who should determine intent, or capacity, to vote? How to define? How large is the risk of fraud to the harm of exclusion?How large is the risk of fraud to the harm of exclusion? Is absentee balloting the best accommodation?Is absentee balloting the best accommodation? What are the barriers, risks, and opportunities in long-term care facilities?What are the barriers, risks, and opportunities in long-term care facilities? What opportunities or dangers does technology offer?What opportunities or dangers does technology offer?

6. Recommendations Addressed  Changes in statute or regulation  Changes in practice  Education  Further study

7. I. Big Picture Principles Society facilitate access while preserving integrity.Society facilitate access while preserving integrity. PwD should not be held to a different or higher standard.PwD should not be held to a different or higher standard. Public & private entities must provide reasonable accommodations to ensure access to voting.Public & private entities must provide reasonable accommodations to ensure access to voting. Goal 1: Prevent unfair &/or unlawful exclusion.Goal 1: Prevent unfair &/or unlawful exclusion. Goal 2: Maximize access by adequate & appropriate assistance.Goal 2: Maximize access by adequate & appropriate assistance. Goal 3. Improve administration to facilitate voting by all individuals, particularly people with cog. Imp.Goal 3. Improve administration to facilitate voting by all individuals, particularly people with cog. Imp. Goal 4: Ensure individuals with cog. Imp. have the opportunity to register to vote.Goal 4: Ensure individuals with cog. Imp. have the opportunity to register to vote.

8. II. Major Resolutions – Capacity Persons with cog. imp. should be treated no differently than others (Principle)Persons with cog. imp. should be treated no differently than others (Principle) No disqualification on the basis of medical diagnosis, disability status, or residenceNo disqualification on the basis of medical diagnosis, disability status, or residence Presumption of capacity to votePresumption of capacity to vote If state law permits exclusion based on incapacity, removal only by specific determination established by C&C evidence in a full judicial proceedingIf state law permits exclusion based on incapacity, removal only by specific determination established by C&C evidence in a full judicial proceeding Incapacity standard: only if cannot communicate, w/ or w/o accommodations, a specific desire to participate in the voting processIncapacity standard: only if cannot communicate, w/ or w/o accommodations, a specific desire to participate in the voting process

9. III. Major Resolutions – Absentee Balloting All jurisdictions should permit voters the open-ended choice to “vote at home”All jurisdictions should permit voters the open-ended choice to “vote at home” Default presumption: vote where reside, with choice by LTC residentsDefault presumption: vote where reside, with choice by LTC residents Signature verification accommodation neededSignature verification accommodation needed More information – simple and accurate – for voters and those who assist re how to vote at home and how to assistMore information – simple and accurate – for voters and those who assist re how to vote at home and how to assist

10. IV. Major Resolutions – LTC Facilities Long range: Mobile PollingLong range: Mobile Polling Require election officials, not facility staff, to oversee votingRequire election officials, not facility staff, to oversee voting Require Facilities to inform/assist residents with registration, and in absence of mobile polling, to offer assistance with absentee voting.Require Facilities to inform/assist residents with registration, and in absence of mobile polling, to offer assistance with absentee voting. Clarify responsibilities of anyone who assists:Clarify responsibilities of anyone who assists: –No authority to assess capacity –Assistance limited to assisting voter to express intent –If unable to determine voter’s intent, no vote Accept facilities’ ID of residents as sufficient verificationAccept facilities’ ID of residents as sufficient verification

11. V. Major Resolutions – Technology Plain language/multiple formats election materialsPlain language/multiple formats election materials Assistive technology, universal accessibility & design of all polling places & voting machinesAssistive technology, universal accessibility & design of all polling places & voting machines Innovative opportunities to register (online)Innovative opportunities to register (online) Quality development for usability/accessibility of technologyQuality development for usability/accessibility of technology Aim: persons with any disability (physical, sensory, cognitive, intellectual, or mental) can vote privately and independently on any machine.Aim: persons with any disability (physical, sensory, cognitive, intellectual, or mental) can vote privately and independently on any machine.

12. More Resolutions – Research & Education ResearchResearch –Ballot formats, effective communication, & technologies –Impact of current law & practical barriers –Voting practices of disabled populations –Signature verification procedures & options Education of poll workers, judges, facility staff, family, guardians to address needs of voters with cognitive impairments & how to assistEducation of poll workers, judges, facility staff, family, guardians to address needs of voters with cognitive impairments & how to assist

13. Some Actions to Consider Guidelines for judges in assessing voting capacityGuidelines for judges in assessing voting capacity Vote at home option (no-excuse/permanent)Vote at home option (no-excuse/permanent) Review signature verification proceduresReview signature verification procedures Mobile polling demonstrationMobile polling demonstration More guidance in NH licensure re facilities obligationsMore guidance in NH licensure re facilities obligations Educational materials for assisting voters with cog. Imp. And for voting in LTC facilities.Educational materials for assisting voters with cog. Imp. And for voting in LTC facilities. Poll worker training re disabilities including cog. imp.Poll worker training re disabilities including cog. imp.