Here's a minority most of us have not even considered. They can claim that
many of the new restrictions violate the A D A. Of course, as injured parties,
they would have standing before the court. Eric
G.O.P. Bills Rattle Disabled Voters: ‘We Don’t Have a Voice Anymore’
Legislation across the country would restrict voting methods and accommodations
that people with disabilities are disproportionately likely to rely on.
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[https://static01.nyt.com/images/2021/06/11/us/politics/00disability-vote1/merlin_188884545_57338c94-87fe-4c71-8cfd-5de90972af98-articleLarge.jpg?quality=75&auto=webp&disable=upscale]
[Susie Angel, who has cerebral palsy, fears that a bill Republicans plan to
push through the Texas Legislature will make it harder for her and others with
disabilities to vote.]
Susie Angel, who has cerebral palsy, fears that a bill Republicans plan to push
through the Texas Legislature will make it harder for her and others with
disabilities to vote.Credit...Matthew Busch for The New York Times
[Maggie Astor]<https://www.nytimes.com/by/maggie-astor>
By Maggie Astor<https://www.nytimes.com/by/maggie-astor>
Published June 14, 2021Updated June 15, 2021
The experience was so demeaning that Susie Angel did not vote again for two
decades.
It was 1991, she recalled, and she was a 21-year-old learning to live
independently with cerebral palsy, which she has had since birth. She waited in
line at her polling place in Austin, Texas, for hours. Then she waited for a
poll worker who could help her complete her ballot. Finally, the worker refused
to take her aside, making her name her preferred candidates in full view and
earshot of other voters.
Ms. Angel, who has limited use of her limbs and a speech impairment and uses a
foot-operated power wheelchair, left understanding that, unlike other
Americans, she couldn’t vote privately. It was only when she began working for
the Coalition of Texans With Disabilities in 2010, and learned about the
adaptive equipment available to her, that she was able to vote independently —
an experience that brought her to tears.
Now, Ms. Angel is watching the Texas Legislature pursue sweeping voting
restrictions, afraid that she and others with disabilities might again be
deterred from voting.
“They’re really making it so we don’t have a voice anymore,” she said. “And
without that, we can’t get the things that we need to survive.”
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The Texas
legislation<https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB7>,
which Democrats
blocked<https://www.nytimes.com/2021/05/31/us/politics/texas-voting-bill.html>
but Republicans plan to
revive<https://www.nytimes.com/2021/05/31/us/politics/texas-voting-bill-.html>
in a special session, is one of a series of Republican voting bills that would
disproportionately affect people with disabilities. The Wisconsin Senate
approved three last week with more to come, though unlike in Texas, the
governor there is a Democrat and is expected to veto them.
Georgia<https://www.nytimes.com/2021/03/25/us/politics/georgia-voting-law-republicans.html>
and
Florida<https://www.nytimes.com/2021/04/29/us/politics/florida-voting-rights-bill.html>
have enacted similar measures.
For years, advocates have worked to mobilize Americans with disabilities — more
than 38 million of whom are eligible to vote, according to researchers at
Rutgers
University<https://smlr.rutgers.edu/sites/default/files/Documents/Centers/Program_Disability_Research/Disability_electorate_projections_2020.pdf>
— into a voting bloc powerful enough to demand that politicians address their
needs. Now, after an election in which mail-in voting helped them turn out in
large numbers, the restrictive proposals are simultaneously threatening their
rights and testing their nascent political influence.
“It’s only been the last few years that there have been studies done showing
that if candidates would appeal to issues that the disability community cares
about, there is such a thing as the disability vote,” said Bob Kafka, an
organizer with Rev Up Texas, which aims to increase turnout among disabled
Texans. “That’s why you’re seeing it playing out in Georgia and here and other
places where the disability community is part of the larger fight against voter
suppression.”
The fight also underscores the degree to which disability rights, once
championed both by Democrats like former Senator Tom Harkin of Iowa and
Republicans like former Senator Bob Dole of Kansas, have become one more
partisan football, even though there are millions of disabled voters in both
parties.
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The Big Tuna Sandwich Mystery
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The most recent version of the Texas bill would ban drive-through voting,
further limit absentee voting in a state that already has strict eligibility
rules, and let poll
watchers<https://www.nytimes.com/2021/05/01/us/politics/republican-pollwatchers.html>
record video of voters as purported evidence of wrongdoing. Disability rights
advocates worry that partisan poll watchers will misinterpret legal
accommodations — like a worker helping a disabled voter complete a ballot, or a
blind voter using a screen reader — as fraud.
[https://static01.nyt.com/images/2021/06/11/us/politics/00disability-vote3/merlin_188884578_f9b86e6d-da28-4f1f-bea5-c2ad623f6b98-articleLarge.jpg?quality=75&auto=webp&disable=upscale]
Image[The most recent version of a Texas bill would further limit absentee
voting in a state that already has some of the country’s strictest eligibility
rules.]
The most recent version of a Texas bill would further limit absentee voting in
a state that already has some of the country’s strictest eligibility
rules.Credit...Matthew Busch for The New York Times
Bills in Wisconsin would restrict who could return voters’ ballots on their
behalf; weaken accommodations for “indefinitely
confined<https://elections.wi.gov/node/6788>” voters, who cannot vote in person
because of age, illness or disability; limit ballot drop boxes and restrict
their locations, effectively reducing their accessibility to voters with
disabilities; and forbid municipal clerks to correct small mistakes on ballot
envelopes.
Breaking many of the new rules would be a felony — a characteristic of bills in
several states that advocates said could discourage people from helping friends
or neighbors.
“It’s made organizations like ours start questioning, ‘Should we do that?’
because a simple mistake on our end could put them in jeopardy and our
organization in jeopardy,” said Chase Bearden, deputy executive director of the
Coalition of Texans With Disabilities. “That’s a pretty chilling effect.”
A spokesman for State Senator Bryan Hughes, the lead author of the Texas
legislation, did not respond to a request for comment. State Senator Duey
Stroebel of Wisconsin, who is sponsoring some of the bills there, called them
“a reasonable balancing of priorities.”
“I want to ensure that self-certifying as indefinitely confined is not a de
facto workaround to election integrity measures already on the books,” Mr.
Stroebel said, adding of the limits on who could return ballots: “Any current
practice for an individual who is not engaging in orchestrated mass ballot
harvesting should be allowed by our bill. Also, a voter can simply return the
ballot by mail.”
At the same time, some disabled voters have found it difficult even to express
their opposition.
In Georgia and Florida, some who wanted to speak at public hearings couldn’t
because they were at high risk from the coronavirus. Olivia Babis, a senior
public policy analyst at Disability Rights Florida, said one voter had attended
a hearing but, because of a speech impediment, struggled to make her points in
the allotted 60 seconds.
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Both states’ bills passed but face legal challenges. Last month, three
disability rights groups joined a
lawsuit<https://thearc.org/georgia-disability-groups-join-fight-voter-law/>
arguing that Georgia’s law violated the Americans With Disabilities Act in
addition to, as the original plaintiffs alleged, the Constitution and the
Voting Rights
Act<https://www.nytimes.com/2021/06/15/us/politics/texas-voting-rights-bill.html>
of 1965.
Ms. Babis expressed particular concern about Florida’s new rules on absentee
ballot applications (people must apply every election cycle instead of every
two, a significant obstacle because many counties’ websites are inaccessible to
people with disabilities) and signature matching (partisan poll watchers can
inspect ballot envelopes, including signatures).
“People with disabilities are disproportionately affected by signature matching
as it stands anywhere,” Ms. Babis said, noting that visual impairments, brain
injuries and other disabilities can prevent people from signing their name
consistently. “Now we’re throwing more people in to potentially challenge
signatures, who don’t necessarily have expertise in handwriting analysis.”
The Georgia
law<https://www.nytimes.com/2021/04/02/us/politics/georgia-voting-law-annotated.html>
replaced signature matching with a requirement that absentee voters submit the
number from a state ID, which poses its own obstacles for disabled voters who
don’t have a driver’s license and cannot easily get to an office to obtain an
ID.
Lobbying by disability groups has had some impact.
In Wisconsin last month, legislators modified some proposals that had alarmed
disabled voters. For instance, in the initial version of one bill, voters who
needed help returning their ballot would have had to get it from an immediate
family member or legal guardian if they had one in Wisconsin. If a disabled
voter in Milwaukee had a sibling in Ashland, 350 miles away, it would have been
illegal to rely on a neighbor.
The bill was amended to allow people to designate someone other than a family
member, regardless of whether they had family in-state — but no individual
could return more than two non-relatives’ ballots.
Another measure in Wisconsin would have required anyone under 65 who applied
for indefinitely confined status to provide a doctor’s note. Republicans said
this would prevent people from claiming the status fraudulently, and pointed to
the Milwaukee and Dane County clerks’ statements early last year that, because
of a statewide stay-at-home order, any voter could claim it. After the
Wisconsin Supreme Court ordered them to stop, the clerks rescinded that advice.
The court later
affirmed<https://apnews.com/article/madison-wisconsin-elections-coronavirus-pandemic-courts-5f4b607cb19928953ee09d4dde246f0c>
that individual voters could decide whether they qualified.
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According to the Wisconsin Elections
Commission<https://www.wispolitics.com/wp-content/uploads/2021/01/D.-November-2020-Election-Data-Report-Updated.pdf>,
80 percent of people who claimed the status last year had ID on file.
Disabled voters expressed concern that, beyond the difficulty of finding
transportation to appointments, the measure would require doctors to attest to
matters outside their scope of practice — and that insurers might refuse to
cover office visits to obtain such notes, deeming them medically unnecessary.
[https://static01.nyt.com/images/2021/06/11/us/politics/00disability-vote2/merlin_189055398_76a25097-b678-4cef-b004-2255c727e488-articleLarge.jpg?quality=75&auto=webp&disable=upscale]
Image
[Denise Jess prefers to vote in person because polling places are required to
have accessible equipment for visually impaired voters to complete ballots
independently.]
Denise Jess prefers to vote in person because polling places are required to
have accessible equipment for visually impaired voters to complete ballots
independently.Credit...Marla Bergh for The New York Times
Denise Jess, the executive director of the Wisconsin Council of the Blind and
Visually Impaired, said she worried that her doctor wouldn’t even be willing to
make an assessment about her ability to travel to a polling place.
The Battle Over Voting Rights
After former President Donald J. Trump returned in recent months to making
false claims that the 2020 election was stolen from him, Republican lawmakers
in many states have marched
ahead<https://www.nytimes.com/2021/04/30/us/politics/florida-voting-rights-bill-republicans.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
to pass laws making it harder to vote and change how elections are run,
frustrating Democrats and even some election officials in their own party.
*
* A Key
Topic<https://www.nytimes.com/2021/03/02/briefing/andrew-cuomo-myanmar-nigeria-students-kidnapped.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>:
The rules and procedures of elections have become central issues in American
politics. As of May 14, lawmakers had passed 22 new laws in 14 states to make
the process of voting more difficult, according to the Brennan Center for
Justice<https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-may-2021>,
a research institute.
* The Basic Measures: The restrictions vary by state but can include
limiting the use of ballot drop boxes, adding identification requirements for
voters requesting absentee ballots, and doing away with local laws that allow
automatic registration for absentee voting.
* More Extreme
Measures:<https://www.nytimes.com/2021/02/27/us/republican-voter-suppression.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
Some measures go beyond altering how one votes, including tweaking Electoral
College and judicial election rules, clamping down on citizen-led ballot
initiatives, and outlawing private donations that provide resources for
administering elections.
*
Pushback:<https://www.nytimes.com/2021/03/30/us/politics/voting-rights-law.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
This Republican effort has led Democrats in Congress to find a way to pass
federal voting laws. A sweeping voting rights
bill<https://www.nytimes.com/2021/03/30/us/politics/voting-rights-law.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
passed the House in March, but faces difficult obstacles in the Senate,
including from Joe Manchin III, Democrat of West
Virginia<https://www.nytimes.com/2021/06/06/us/politics/joe-manchin-op-ed.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>.
Republicans have remained united against the proposal and even if the bill
became law, it would most likely face steep legal
challenges<https://www.nytimes.com/2021/05/05/us/voting-rights-bill-legal.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>.
*
Florida:<https://www.nytimes.com/article/florida-voting-law.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
Measures here include limiting the use of drop boxes, adding more
identification requirements for absentee ballots, requiring voters to request
an absentee ballot for each election, limiting who could collect and drop off
ballots, and further empowering partisan observers during the ballot-counting
process.
*
Texas:<https://www.nytimes.com/2021/05/10/us/politics/texas-voting-rights-bill.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
Texas Democrats successfully blocked the state’s expansive voting bill, known
as S.B. 7, in a late-night walkout and are starting a major statewide
registration
program<https://www.nytimes.com/2021/06/08/us/politics/texas-voter-registration-democrats.html?action=click&action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup&module=In%20Other%20News&pgtype=Homepage>
focused on racially diverse communities. But Republicans in the state have
pledged to return in
<https://www.nytimes.com/2021/05/31/us/politics/texas-voting-bill-.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
a special
session<https://www.nytimes.com/2021/05/31/us/politics/texas-voting-bill-.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
and pass a similar voting bill. S.B. 7 included new restrictions on absentee
voting; granted broad new autonomy and authority to partisan poll watchers;
escalated punishments for mistakes or offenses by election officials; and
banned both drive-through voting and 24-hour voting.
* Other
States:<https://www.nytimes.com/2021/04/02/us/politics/georgia-voting-law-annotated.html?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup>
Arizona’s Republican-controlled Legislature passed a bill that would limit the
distribution of mail
ballots<https://www.nytimes.com/live/2021/05/11/us/biden-news-today?action=click&pgtype=Article&state=default&module=styln-voting-rights®ion=MAIN_CONTENT_3&context=storylines-levelup#gov-doug-ducey-of-arizona-signs-a-republican-bill-to-limit-the-distribution-of-mail-ballots>.
The bill, which includes removing voters from the state’s Permanent Early
Voting List if they do not cast a ballot at least once every two years, may be
only the first in a series of voting restrictions to be enacted there. Georgia
Republicans in March enacted far-reaching new voting laws that limit ballot
drop-boxes and make the distribution of water within certain boundaries of a
polling station a misdemeanor. And Iowa has imposed new limits, including
reducing the period for early voting and in-person voting hours on Election Day.
Mr. Stroebel said Wednesday that the Wisconsin bill containing the requirement
would not receive a vote. A similar doctor’s note requirement was removed from
the Texas legislation after lobbying from disability rights advocates.
But disabled voters in Wisconsin said they remained deeply worried by what the
Senate had passed.
Ms. Jess, who is blind, prefers to vote in person because polling places have
accessible equipment for visually impaired voters to complete ballots
independently. But at some point, she said, it might become impossible for her
to travel safely, in which case she would have to find someone she trusts to
mark her absentee ballot, and then find a legally acceptable person to return
it.
She and other voters also expressed concern about a bill that would tighten
identification requirements for “indefinitely confined” voters, who have
difficulties traveling.
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When Wisconsin legislators enacted a photo ID requirement years ago, “they
maintained this exception for indefinitely confined voters,” said Barbara
Beckert, Disability Rights Wisconsin’s Milwaukee office director. “There was a
reason for that, and that reason hasn’t changed.”
Advocates like Ms. Beckert and Kyle Kleist, executive director of the Center
for Independent Living for Western Wisconsin, said they had worked with State
Senator Kathy Bernier, a Republican who leads the Senate Elections Committee
and broke with her party this month when she voted against advancing three
bills because of their effects on people with disabilities.
Ms. Bernier’s opposition denied the bills a majority on the elections
committee, but the full Senate approved them anyway. (Only one other
Republican, Rob Cowles, cast a “no” vote.) They now go to the State Assembly,
which is also Republican-controlled.
And while some Republicans there have been “receptive to acknowledging what the
barriers are,” Mr. Kleist said, “still they’re pushing forward full steam
ahead.”
Texas Republicans are also undeterred; they have vowed to pass their bill over
all opposition, and Gov. Greg Abbott, who is himself
disabled<https://www.nytimes.com/2013/07/23/us/candidate-for-texas-governor-draws-support-and-critics-for-talk-of-his-disability.html>,
is expected to sign it.
“It is discouraging,” said Kenneth Semien, an activist with the Coalition of
Texans With Disabilities and the American Council of the Blind of Texas. “But I
know advocacy will continue for the rest of our lives.”
Voting Rights and Accessibility
<https://www.nytimes.com/2020/09/25/us/politics/voting-disability-virus.html?action=click&module=RelatedLinks&pgtype=Article>
‘A Failed System’: What It’s Like to Vote With a Disability During a Pandemic
Sept. 25, 2020
<https://www.nytimes.com/2020/01/26/us/politics/iowa-caucuses-disabilities.html?action=click&module=RelatedLinks&pgtype=Article>
Caucusing in Iowa With a Disability: Red Tape and Unreturned Calls
Jan. 26, 2020
Correction: June 15, 2021
An earlier version of this article misstated the given name of a Wisconsin
state senator. He is Rob Cowles, not Ron Cowles.
Correction: June 16, 2021
An earlier version of this article included outdated descriptions of two bills
in Wisconsin that had since been amended. The amended proposals would restrict
who could return voters’ ballots on their behalf and weaken accommodations for
“indefinitely confined” voters, but would not forbid voters with family
in-state to have a non-family member return their ballot or require
indefinitely confined voters to provide photo identification in all cases.
Maggie Astor is a political reporter based in New York. Previously, she was a
general assignment reporter and a copy editor for The Times and a reporter for
The Record in New Jersey. @MaggieAstor<https://twitter.com/MaggieAstor>
