americans with disabilities act training...americans with disabilities act training july 14, 2020...

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Americans with Disabilities Act Training

July 14, 2020 Primary Run-off Election

Americans with Disabilities Act

•Prohibits discrimination on the basis of disability

•Guarantees that individuals with disabilities have the same opportunities to participate in public life

ADA: Title II

Prohibits discrimination in all public programs, services, and activities.

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Today’s Training:

•Definition of “Disability”

•Communicating with Voters

•Providing Assistance at the Polling Location

•Title II of ADA Requirements

Today’s Training:

•Curbside Voting

•Polling Place Requirements

•Complaint Process

•Harris County Policies

Disability:

Physical or mental impairment that substantially limits one or

more major life activities.

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“Major Life Activity”

• Speaking

• Standing

• Sitting

• Lifting

• Major bodily functions (neurological,

immune system, etc.)

• Communicating

• Walking

• Reaching

Types of Disabilities

• Neurological

• Physical & Mobility

• Speech

• Learning

• Mental

• Hearing

• Visual

• Intellectual

Unseen Disabilities

• Cancer

• Mental Illness

• Autism

• Epilepsy

• Arthritis

• PTSD

• Chronic Fatigue

• Cystic Fibrosis

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Additional ADA Coverage

•Someone with a record of such an

impairment

•Someone who is regarded as having

such an impairment.

As poll workers, you do not make the determination of

who has or does not have a disability.

Communicating with Voters

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Be Respectful to

ALL Voters!

Communication with Voters

•Never make assumptions.

•Treat adults like adults.


Respect the privacy and independence of

each voter.

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•“Please let me know if you need assistance.”

•Do not be offended if someone doesn’t want your help.


Use person-first language:

•A person who uses a wheelchair.

•A person who is blind/visually impaired.

•A person with a mental/mental health disability.


Each voter is a unique individual

who deserves to be viewed as a

whole person.

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•When speaking with a voter who requires an interpreter, address the voter not the interpreter.


•Do not distract a service animal or attempt to pet them.

•They are “working” for the individual so it is important not to deter the animal from performing their duties.


•Don’t touch or move a person’s mobility device without the voter specifically requesting this.

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Communication with VotersIf a voter has a speech disability:

• Don’t pretend you understand what’s being said if you don’t.

• Don’t guess what the voter wants to say or finish their sentences

• It’s ok to ask the person to repeat themselves

• Avoid speaking louder or slower.

Communication with VotersIf a voter has a visual disability, provide conversation cues:

•Identify yourself when you start to speak

•Say goodbye when you leave the conversation.

Treat ALL voters equally and with

respect.

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QUESTIONS

Providing Assistance to

Voters

TEXAS ELECTION CODETitle 6, Chapter 64,

Subchapter B

Assisting Voter

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Voter Assistance

•Reading the ballot to the voter;

•Directing the voter to read the ballot;

•Marking the voter’s ballot;

•Directing the voter to mark the ballot.

Voter Assistance

•Voters are entitled to receive assistance if:

•Cannot read the language(s) the ballot is written in;

•Have physical disability that prevents them from reading or marking the ballot.

Voter Assistance

•A voter may be assisted by:

Any person the voter chooses who is not an election worker, or

Two election workers.

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Voter Assistance

•Voters may not be assisted by:

Their employer;

An agent of their employer; or

An officer or agent of their union

Voter Assistance

A non-election worker assisting the

voter must take an oath that he or she

will not try to influence the voter’s

vote and will mark the ballot as the

voter directs.

Voter Assistance

1.

3.

2.

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Voter Assistance

If polling place officials assist, poll watchers and election inspectors may observe the voting process;

If person of voter’s choosing assists, no one else may watch him or her vote.

Voter Assistance•Person assisting voter CANNOT:

Try to influence the voter’s vote;

Mark the voter’s ballot in a way other than the way they have asked;

Tell anyone how the voter voted.

AMERICANS WITH

DISABILITIES ACTTitle II

Voting Requirements

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Title II of the ADA

Requires state/local governments

to ensure that people with

disabilities have a full and equal

opportunity to vote.

Title II of the ADA

Applies to

ALL elections

ALL aspects of voting

Title II of the ADAVoters with disabilities have the right to vote:

In person

Independently and privately

At a polling location that is physically accessible

At a physically accessible voting booth

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Title II of the ADAVoters with disabilities have the right to:

Receive assistance from a person of their choice

Be provided auxiliary aids or services to ensure effective communication

Title II of the ADA

Voters with disabilities have the right to:

Be provided reasonable modifications

Be treated courteously and with respect

Title II of the ADA

Voters with disabilities have the right to be accompanied by a service animal.

Exceptions:

Legitimate safety risk

Fundamental alteration

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Title II of the ADA

Election workers may exclude service animals only if:

1. Dog is out of control and handler cannot or does not regain control

2. Dog is not housebroken

Title II of the ADA

Harris County voters with

disabilities have the right

to vote in person.

Reasonable Modifications

Title II requires the provision of

reasonable modifications to

policies, practices, and procedures.

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Providing a chair to a voter with a

mobility disability as they wait in line.

Helping a voter who is blind navigate

to the voting area.


Voter should request a reasonable

modification.

If a person’s disability and need for

assistance are obvious, you may offer

assistance.

QUESTIONS

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Curbside Voting Process

Curbside VotingTexas Election Code Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE.

(a) If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb.

Curbside Voting

Per Texas Election Code,

curbside voting must be provided.

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Curbside Voting

• Person monitoring the receiver will respond and direct voter to the curbside voting area.

Curbside VotingIf JBCs have lines:

•Mark the curbside voter’s place in line with a green post-it found in your ADA folder.

•Communicate with voter regarding the wait.

Curbside Voting

•Take ePollBook to the voter in the curbside voting area.

•Follow six-step process to qualify voter.

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Curbside Voting

Process a curbside voter just as you process a voter inside the polling location.

Curbside Voting

•Once the voter is processed, take the ePollBook inside to scan the ballot style and produce an access code.

Curbside Voting

•Judge will enter the access code on the DAU and lock screen by pressing “HELP” button twice

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Curbside Voting•Disconnect the long cable from the short cable.

•Two poll workers should take the access code and the DAU portable voting machine to the voter.

Curbside Voting

•Instruct voter to press “ENTER” to unlock screen

•Can compare precinct number to top of ballot screen

Curbside Voting

•Curbside voter can request assistance with reading or marking ballot.

•Unless assisting, stand away from the car while the voter casts their ballot.

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Curbside Voting

•Gently reconnect the short cable on the DAU to the long cable of the previous eSlate.

•Forcing the connection will bend the pins.

Curbside Voting Setup

Curbside Voting Components

Buzzer

Voting area

Receiver

Monitor

Response

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Curbside Voting: Buzzer

•BallotCall Max is a polling location notification system consisting of a buzzer and a receiver.


•Follow the instructions in the ADA manual for how to assemble the buzzer station.


•BallotCall buzzer system is mandatory for every polling location.

•Once the BallotCall buzzer has been assembled and set up, place the directional “Curbside Voting” signs to direct voters to the buzzer

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Where should the buzzer be placed?


•Buzzer and curbside voting area do not have to be in the same place.

Curbside Voting: Buzzer Must be accessible to the driver

from within the car.

Cannot block accessible parking, accessible routes, or curb ramps.

Should allow a curbside voter to drive through area where they can access political handouts.

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Curbside Voting: Voting AreaMisconception:

That the accessible parking space(s) can and should be used as the curbside voting area X X


You CANNOT place the

BallotCall buzzer in an

accessible (handicap)

parking space.

Curbside Voting: BuzzerWhy is this not correct?

Access AisleAccessible

Parking Space

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Curbside Voting: Voting Area

•Directional signs will be provided.

Curbside Voting: Receiver

•Set up receiver in area where election worker can monitor all day.

•Does not have to be in the voting room.

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Curbside Voting: Receiver & Buzzer

Test the BallotCall Max!

During setup, prior to opening polls, and throughout the

voting period

Curbside Voting

Troubleshooting BallotCall Max

Curbside VotingIf buzzer isn’t functioning:

•You must station a poll worker in sightline of the BallotCall Max throughout the entire election.

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QUESTIONS

Accessible Polling

Locations

ADA: Title II Remedies

Individuals with disabilities must have the opportunity to be full participants in voting.

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The ADA’s provisions apply to all aspects of voting, including polling locations.


Polling location must be accessible — referring to the capacity of a building, parking space, voting room, or pathways to be utilized by an individual with a disability.


•Harris County personnel survey every polling location for accessibility.

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Temporary Measures:

•Portable ramps•Door stops•Cord covers•Signage

•Cones•Mats


ADA Checklist will be provided listing non-compliant items and remedies to be applied.

MANDATORY


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All poll workers share responsibility for ensuring that the polling location has no impediments to voters fully

accessing their right to vote.


ACCESS AISLE

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To create an access aisle

ADA: Title II RemediesPassenger Loading Zone• Not required if not provided

• If is provided:

• 5-ft wide access aisle

• 8-ft wide vehicle space

• Clear of obstructions

• Connected to an accessible route

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Accessible Routes:

The exterior and interior routes used by a voter to access both the polling location building and the voting room.

ADA: Title II RemediesDirectional signs must mark:

• Van accessible parking

• Accessible route from the parking, drop-off area, public sidewalks, public transportation

• Accessible entrances

• Accessible route to the voting area

Sign identifying route to accessible

entrance

Sign identifying main entrance is not

accessible & direction to

accessible entrance

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Accessible routes:

•Three feet wide

•Stable, firm, & slip resistant

•No protruding or overhanding objects

•No ground openings greater than ½ inch wide

•No abrupt level changes greater than ½ inch


Exterior accessible routes:

•Accessible parking area

•Public transportation

•Public sidewalks

•Passenger loading zone (if applicable)


Temporary remedies for inaccessible exterior voter routes:

•Re-routing to an accessible route

•Placing mats with plates over gaps

•Installing temporary ramps

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ADA: Title II Remedies•Election workers may place mats with plates where there are gaps in the walkways.

•The metal plate should be placed first over gap, with HCCO stamp facing up.


•Mats must be placed horizontally to provide a three-feet wide route.

•Ensure the ends lay flat.


Temporary ramps may be installed when a route is interrupted with abrupt level changes.

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•Checklist will identify whether County is installing temporary ramp

•Ensure ramp remains in place & free of obstructions throughout election.

ADA: Title II Remedies•Place cones to block off the area around the ramp

•Do not push voters up the ramp unless they ask for such help.

ADA: Title II Remedies• Objects 27”-80” above the

floor cannot protrude more than 4” into the accessible route

• Judge must place a cone underneath or to either side of protruding object.

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ADA: Title II RemediesWhy must doors be propped open/monitored?

• Inaccessible door hardware

• Not enough room inside vestibule

• Door is too heavy

• Area in front of door is not level

• Not enough maneuvering space to open door


If a doorway threshold is too high, a threshold ramp or a landing with approach ramps will be installed on the low side of the threshold.


•Accessible entrances must be unlocked during voting hours.

If not, door must be propped open or a poll worker stationed throughout voting.

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• Signs must be posted at non-accessible entrances directing voters to accessible entrance.

Sign identifying route to accessible

entrance

Sign identifying main entrance is not

accessible & direction to accessible entrance

ADA: Title II Remedies• Entrance and all doors must provide

minimum 32” clear width.

• If door is too narrow and the entrance has double doors, prop both doors open.

If the entrance contains a center post, remove the post and prop doors open.


Elevators/Lifts

•Test that elevators and lifts are working properly. If not, call ADA Coordinator immediately.

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Elevators/Lifts

•If your checklist requires you to post a poll worker to operate the elevator or lift, make sure they are present throughout the entire election.

ADA: Title II RemediesVoting Area

• Floor surfaces must be stable, firm, and slip resistant.

• Voting stations and accessible voting machines must be reachable by a voter using a wheelchair or other mobility device.

A 3-ft wide route with no abrupt level changes.

ADA: Title II RemediesVoting Area

•At least one DAU and one other voting station must provide adequate clear floor space of 60” diameter

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ADA: Title II RemediesVoter traffic flow – How voters:

•Arrive at/leave the polling location

•Park or drop off

•Move through the facility and voting area

•Use a voting machine

•Leave the voting area

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•If electrical cords cannot be placed outside of the accessible route, they must be covered with a compliant cord cover and affixed to the floor.

•Floor coverings, such as cardboard, must be removed or firmly affixed to the floor.


•Election Day Surveyors, Subject Matter

Experts, and US Department of Justice teams

will inspect locations to ensure that remedies

are implemented properly.

•Follow their instructions.

QUESTIONS

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Complaints: ADA Issues

ADA Complaint Process

Notice to Voters with

Disabilities posted twice:

•In totem

•Larger version (8½” x 14”) at a level to be read by voter who uses a wheelchair.


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•If a voter has an ADA-related complaint, provide them with the Disability Complaint Form.

•If requested, assist the individual with filling out the form.

ADA Complaint ProcessHarris County will:1. Investigate the complaint.

2.Provide a written determination with a resolution, if any.

3.Forward explanation of resolution to complainant within 20 days.

4.Maintain files and records relating to complaints.

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ADA Complaint ProcessAppeals process:1. Complainant can request an appeal

2.Voters can be directed to HarrisVotes.com for the procedures and specific deadlines of the appeals process

Harris County ADA Handbook

•Review the ADA Handbook

prior to serving as an election

worker.

Thank you for attending today’s

training!

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For More Information

• U.S. Dept of Justice, ADA Checklist for Polling Places https://www.ada.gov/votingchecklist.pdf

• U.S. Dept of Justice, Solutions for Five Common ADA Access Problems at Polling Placeshttps://www.ada.gov/ada_voting/voting_solutions_ta/polling_place_solutions.pdf

• U.S. Dept of Justice, The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities https://www.ada.gov/ada_voting/ada_voting_ta.pdf

• Southwest ADA http://southwestada.org/

ADA Coordinator: Rachelle Obakozuwa1001 Preston, 4th Floor, Houston, TX 77002

713-755-6965 | [email protected]

americans with disabilities act training...americans with disabilities act training july 14, 2020...

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