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Protection and Advocacy for Voting Rights
VOTE! Program
FY 2007

Legal Center Recommendations Regarding Voting Equipment Decertification

Priority 1: Full accessibility of the election process.
Accessible voting systems
Accessible polling places
Accessible mail elections

Priority 2: Advocacy and education on accessible elections, including election officials and polling place workers.

Priority 3: Voter registration and outreach efforts

Priority 4: Protecting the rights of voters with disabilities through individual and systems advocacy.

Registered Voters' Bill of Rights (click here)

Voter Accessibility and 2007 Colorado Election Reform Legislation

Faith Gross, The Legal Center for People with Disabilities and Older People

The Colorado State Legislature passed two election reform bills this year containing provisions which may directly impact some voters with disabilities. Senate Bill 07-083, a comprehensive election reform bill had an amendment, known as the "AutoMARK amendment" that would allow the Secretary of State to certify ballot marking devices by changing the definition of casting a ballot for voters using accessible voting machines. The AutoMARK is a device that uses assistive and adaptive technology to enable voters with a wide range of disabilities to independently read, mark and review their ballots. One advantage of the AutoMARK is that it uses the same paper ballot as voters who do not need an accessible device mark. The accessibility problem with the AutoMARK comes into play when the marked ballot is cast by placing it into the ballot box. Some voters with manual dexterity and/or visual disabilities would require assistance in completing this important step in the voting process. Federal and state laws require that voters with disabilities be able to mark and cast their ballots privately and independently.

The disability community was successful in our opposition to this separate and unequal definition of casting a ballot when using an accessible voting device. A strong showing of support by disability rights advocates, including ADAPT, Atlantis, the Center for People with Disabilities, the Colorado Cross Disability Coalition, the Colorado chapters of the American Council of the Blind and the National Federation of the Blind, and, of course, The Legal Center, resulted in the bill's House sponsor, Rep. Paul Weissmann, (D-Louisville) successfully removing the AutoMARK amendment from the House version of the bill. During the last 48 hours of the legislative session, we were able to reach agreement on another amendment that would allow certification of the AutoMARK. This amendment defines ballot marking devices, sets minimal accessibility requirements for them and adds a new section to state law pertaining to (C.R.S.1-7-503) Manner of Voting. This new section requires that an election judge deposit every ballot into the ballot box in every polling place where a ballot marking device is available for accessible voting. Essentially what this does is treat every voter in a polling place where a ballot marking device is available for accessible use as though he or she has a manual dexterity disability, meeting the Help America Vote Act (HAVA) requirement that all voters cast their ballots in essentially the same manner.

Another provision of SB07-83 of potential interest to voters with disabilities allows election judges to work split shifts, as long as two judges of different party affiliations remain at the voting location throughout the entire day. Prior to this change in state law, election judges were required to work at least 13 hours, with minimal breaks, at a polling place on Election Day. This prevented many people with disabilities who may have been interested in participating as an election judge from doing so due to an inability to work such a long day.

An important section of SB 07-83 clarifies that if a voter has been issued a driver's license or state identification card by the Colorado Department of Revenue, the voter must provide that number on her or his voter registration form. (If you do not have a Colorado driver's license or State ID, you may provide your social security number on the voter registration form and provide another acceptable form of identification when voting.)

SB07-234, pertaining to voting by mail, was also passed and signed into law. It provides the opportunity for Colorado voters to apply to be on a permanent mail or absentee ballot list. Instead of submitting an application each calendar year for each election in which a voter chooses to vote absentee, a voter can submit one application requesting to be placed on the permanent list for all elections. This bill helps voters regain trust in elections by creating a process by which those who vote by mail can check to make certain their ballot has been received by their county elections office. It also requires that there be secure ballot drop-off locations, dispersed throughout each county, during the period when early voting occurs, and on Election Day.

Please note that even if you are voting in an all mail election, your county election officials are required to provide an accessible voting machine in at least one location on Election Day.

Remember Justin Dart's advice, "Vote as if your life depends on it because it does." VOTE!