Making Voting Accessible for All
by Dan Tokaji
Thursday, April 20
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Now, People for the American Way has filed a lawsuit alleging among other things that the machines to be used in Allegheny County, Pennsylvania don't comply with HAVA. The complaint may be found here. Allegheny County is planning to use the ES&S iVotronic system, which the complaint alleges to have been chosen after plans to obtain machines made by the two other big voting machine vendors (Diebold and Sequoia) were scrapped. One of the allegations in the complaint is that the ES&S system isn't accessible to all disabled voters, and thus doesn't comply with HAVA. Although the system accommodates people with visual impairments, plaintiffs allege that it doesn't accommodate people with manual dexterity impairments.
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The case is nevertheless significant, in that it raises the issue of whether an electronic voting machine is accessible, if it doesn't allow private and independent voting by people with manual dexterity impairments. It also raises the factual issue of how well the electronic voting machines being used really do accommodate people with non-visual disabilities. State and local election offcials throughout the country are thus likely to be eyeing this litigation nervously in weeks and months to come.
Could it be that there's no system out there that fully accommodates people with disabilities, in the manner that HAVA requires? If that's the case, then what are counties supposed to do? And what are courts supposed to do?
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http://moritzlaw.osu.edu/blogs/tokaji/2006/04/making-voting-accessible-for-all.htmlGood question.