Suit challenges Alabama鈥檚 denial of accessible absentee voting ballots to the blind and people with print disabilities
The 人兽性交 and its co-counsel, and , filed a federal lawsuit today against the state of Alabama for denying voters who are blind or have print disabilities access to the state鈥檚 absentee ballot program in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA).
Filed on behalf of the , the suit asserts that the state excludes blind and print-disabled Alabamians from absentee voting because it forces them to seek another person鈥檚 assistance in order to complete their ballots.
鈥淏lind Alabamians have an equal right to vote and to advocate for the needs of our communities, but the inaccessible absentee voting system in Alabama has denied us that right and diminished our voice in government,鈥 said Barbara Manuel, president of the NFB-AL. 鈥淚t is high time the secretary of state鈥檚 office let us, and voters with print disabilities, use electronic ballots for absentee voting.鈥
Alabama law specifically and explicitly permits voters with disabilities to vote absentee, but the ballot is provided to absentee voters living in the U.S. only in paper form. Alabama law also guarantees 鈥渆very voter in Alabama 鈥 the right to vote a secret ballot, and that ballot shall be kept secret and inviolate.鈥
鈥淎labama鈥檚 current absentee ballot program requires the blind and voters with print disabilities to secure another person鈥檚 help to read and mark their ballots,鈥 said Eve Hill, partner at Brown Goldstein & Levy. 鈥淭hat requirement is unlawful. Alabama has the means and the legal duty to provide ballots electronically to, and accept marked ballots electronically from, voters who are blind or have a print disability.鈥
Alabama voters receive three envelopes with their absentee ballot: a 鈥渟ecrecy鈥 envelope, an 鈥渁ffidavit鈥 envelope and a pre-addressed 鈥渙uter鈥 envelope. A blind or print-disabled voter must complete a series of steps that require assistance 鈥 including reading the ballot and filling it out by hand 鈥 that compromise the secrecy of their ballot.
鈥淭he remedy is clear: The secretary of state must implement an accessible electronic absentee voting program, so that the blind voters and voters with print disabilities can enjoy an equal opportunity to vote absentee and have an equal say in how their communities are governed,鈥 said Liza Weisberg, voting rights staff attorney with the 人兽性交.
The suit seeks implementation of a system in which blind voters and voters with print disabilities can access an electronic ballot they can read and mark on their own computers or smart devices using their own assistive technology. Blind people and people with print disabilities can independently access and interact with printed materials only when they are offered in an electronic format that can be used with a screen reader. Screen reader software reads aloud, or displays on a refreshable Braille display, the visual information on the electronic page.
鈥淭he right to vote absentee is critical to all Alabamians, but especially to those who are blind or have print disabilities and face heightened barriers to in-person voting in the form of transportation challenges, untrained poll workers and inaccessible voting technology,鈥 said William Van Der Pol, senior trial counsel with ADAP. 鈥淚t is thus essential that the secretary of state provide the blind voters and voters with print disabilities the option to vote absentee using an accessible electronic ballot delivery and return system.鈥
Photo at top: A voting registration form sits with the option to vote by mail unchecked. (Credit: iStock Photo)