Groups Sue New York Over Inaccessible Online Voter Registration for People With Disabilities

The American Civil Liberties Union and Disability Rights Advocates has sued the New York State Board of Elections and Department of Motor Vehicles over online voter registration that is inaccessible to people with disabilities.

The lawsuit was filed on behalf of the National Federation of the Blind, the Center for the Independence of the Disabled, and individual plaintiffs who are blind. States are required by law to meet accessibility and confidentiality standards when providing services such as online voter registration, but New York is failing to comply, the complaint charges.

“Online voter registration is key to ensuring access to the ballot for people with disabilities. Yet in New York, it’s not just difficult for hundreds of thousands of people with disabilities to register online, it’s virtually impossible,” said ACLU attorney Susan Mizner. “We’ve told the state where the worst barriers are.  It can easily fix the problems, but has refused to do so. ”

Those barriers include DMV web pages and downloadable forms that can’t be read out loud by the screen-reader software used by blind and low-vision people to hear and navigate computer screen content. On the privacy rights front, the software cannot read the fillable form’s section on party affiliation on the Board of Elections website; blind and low-vision voters are forced to disclose this private information when they print out the form and get someone else to help them sign it, destroying their privacy and independence.

“Everyone has the right to register to vote privately and independently, and online services are a great way to make that happen. Yet, because the state’s websites aren’t coded to operate with screen readers and other accessibility software, voters with disabilities can’t access those services. Voters should not be excluded from online registration or have their privacy violated just because they have a disability,” said Disability Rights Advocates attorney Christina Brandt-Young.

Plaintiff Eva Eason of New York City encountered numerous obstacles when attempting to update her voter information online after getting married. Eason, who is blind, could not access the DMV site at all, and was only able to access the Board of Elections online registration after getting assistance from someone who is sighted, compromising her privacy and independence.

“A lot of people paved the way and fought for me to be able to vote, so why is New York making it so difficult?” said Eason.

Plaintiff Meghan Schoeffling of Albany added, “I was thrilled when New York created an online voter registration form, thinking it would enable me and others to register to vote privately and independently for the first time. But because the DMV failed to ensure the site was fully accessible, I was unable to register to vote without sighted assistance.”

The lawsuit cites violations of the American with Disabilities Act and the Rehabilitation Act. It seeks immediate adjustments to ensure the websites are legally compliant; creation of Board of Election policies that ensure accessibility and provide a clear path of accountability; and the development of policies and procedures to ensure the sites remain accessible.

“There are many barriers that can stand in the way of New Yorkers with disabilities exercising their right to vote. The shame of inaccessible online registration is that there is an easy and inexpensive fix. It’s a mystery why the New York State Board of Elections refuses to do it, and it’s disappointing. People with disabilities have the right to privacy and independent registration and voting just like every other New York voter. It’s the law,” said Susan Dooha, executive director of the Center for Independence of the Disabled, New York.

The complaint, Eason v. New York State Board of Elections, was filed in the U.S. District Court for the Southern District of New York. Co-counsel in this case is Brown, Goldstein & Levy, LLP.

Mark Riccobono, president of the National Federation of the Blind, said, “The right to vote is a fundamental one, and equal access to this right cannot and must not be denied to blind Americans. Equal access means the ability to participate in all aspects of the voting process, including registering to vote, with complete privacy and independence. The National Federation of the Blind is committed to ensuring equal access for blind voters in New York and across the nation.”

The complaint is at: https://www.aclu.org/legal-document/eason-v-new-york-state-board-electio…

New at Pew: Interactive State Online Registration Systems

Many states, including Pennsylvania, have moved to an online voter registration system. Supporters laud the advantages of such systems: they can help save tax dollars, they can help increase voter roll accuracy, and perhaps most importantly, helps provide a more hassle-free way for Americans to register or update their registrations.

But how are those online systems performing? Now The Pew Charitable Trusts has a new interactive tool to keep track – one that monitors and surveys states that implement or continue to offer online voter registration.

Overall?

According to Pew, the responses indicate that online registration holds up as a being:

• cost-effective for states
• easy for voters
• and more accurate than paper forms.

But there’s more. According to the nonprofit, online voter registration systems :

• are more secure
• reduce potential for fraud by verifying voters’ identities and eligibility.
• tracks what states offer online registration
• summarizes survey findings across five topics: legislation, development, features, access and processing.

Want to check it out? The tool may be accessed here. Want to learn more about online voter registration systems in general? No worries – here’s a resource you might want to check out first.

DEADLINE REMINDER: What You Need to Know if you Want to Vote in PA’s Primary

Pennsylvania voters and prospective voters: Pennsylvanians for Fair Elections wanted to remind you that the deadline to register to vote in Pennsylvania is less than two weeks away.

In Pennsylvania, any voter who wishes to cast a ballot must register to do so 30 days prior to an election.

Here’s what you need to know if you want to vote:

WHAT: The Pennsylvania primary election.

WHEN: The Pennsylvanian primary election will take place April 26. That means that if you want to vote in the election, the deadline to register to vote in Pennsylvania is March 28.

WHO: Pennsylvania primaries are closed. That means that Democrats must vote for Democrats and Republicans must vote for Republicans. Voters who are registered Independents may not participate. This means that if you are a Democrat and want to vote for a Republican, or if you are a Republican and want to vote for a Democrat, you must change your registration. If you are an Independent and want to vote for either a Democrat or a Republican, you have to change your affiliation.

HOW: As you might have heard, online voter registration is now available to prospective voters in Pennsylvania. If you need to register, change your registration or confirm it, click here. You can also register in person and via mail. Under certain circumstances, eligible voters may also request and complete an absentee ballot. For information on those options, click here.

Editor’s Note: If you’re registered but aren’t sure where your polling place is, you can check that out here.

 

Live in PA? Today is the Last Day to Register to Vote in November Election

It’s Monday, Oct. 5, which, if you live in the Keystone state, means that today is your last opportunity to register to vote in the November general election.

Fortunately, the state of Pennsylvania, thanks to an initiative from first-term governor Tom Wolf, now offers online voter registration.

That means you can go to this website, type in your information and be ready to cast a ballot in next month’s election – no more dropping off paper registration forms in the mail or at a county elections office.

For more options to vote in the upcoming general election (for example, if you need an absentee ballot), click here.

For more information on the newly unveiled online voter registration system, click here.

Pennsylvania Voter Registration System Elicits Praise from Fair Elections Group

Pennsylvania Gov. Tom Wolf and Secretary of State Pedro A. Cortés recently launched an online voter registration system in the state, which means Pennsylvanians are now able to register and update their voter registration by simply visiting the state’s website, votespa.com.

It was a move that was lauded by many fair-elections groups, including the Advancement Project, a multiracial civil rights organization.

“Pennsylvania’s new online voter registration program is a very positive measure to increase free, fair and accessible elections,” said Advancement Project Senior Attorney and Director of Voter Protection Katherine Culliton-González. “The current voter registration system leaves out many voters of color, young voters, and low-income voters because it is inconvenient and those with less income or time have more difficulty registering.”

Here is the rest of her statement:

“This new program will increase the convenience of voting by permitting voters to register from the convenience of their home or anywhere else they may have internet access. It also complements the mail-in and third-party voter registration systems that will stay in place, so it will not leave out voters without internet access. Since online voter registration data does not have be entered manually by staff, it is projected to reduce costs, save the Commonwealth money and improve the accuracy of voter rolls.

“We are also pleased that online voter registration is being offered bilingually, in Spanish. Pennsylvania is home to over 540,000 Latino citizens over 18, and in 2014, only 37.7 percent were registered. Among Pennsylvania’s one million African-American citizens of voting age, in 2014, their registration rate in Pennsylvania was also currently lower than in other states, at 49.2 percent, whereas the average rate of registration in the Commonwealth was 61.7 percent. We hope that this new measure will help more this measure may help more citizens to register and participate in our democracy.

“The timing is excellent – these measures should be put into place prior to the 2016 election cycle begins, across the country. Kudos to Pennsylvania Secretary of State Cortes for this initiative.”

Register to Vote Online in Pennsylvania Now

As we told you last week, Pennsylvania Gov. Tom Wolf last week rolled out a new online voter registration system for Keystone State voters.

The system is up and running now, and voters who wish to cast a ballot in this November general election may register to do so by clicking here.

The deadline to register to vote in November’s election is Oct. 5.

“Online Voter Registration is about making the voting experience more convenient and more accessible,” Governor Wolf said. “It is about giving citizens an easier way to exercise their right to vote and establishing a clearer connection between the political system and the citizens. Online voter registration is secure, it improves accuracy and will reduce costs for counties by cutting down on time-consuming data entry.”

Online voter registration (OVR) is currently available in 22 states, with the measure approved but not yet implemented in another five states plus the District of Columbia.

“As elsewhere, Pennsylvanians have grown accustomed to doing business online, whether it is shopping, banking or filing their tax returns,” Sec. Cortés said. “As a natural extension, they want the convenience of registering to vote using their own computer or mobile device. Online voter registration makes the process more accessible and accurate.”

The new site, available in English or Spanish, also allows currently registered voters to more easily make updates to their voter record, such as a change of name, address or party affiliation. Additionally, registered voters may use the new site to request assistance at the polling place.

“OVR has support from county election officials because it will improve accuracy, increase the integrity of the voting rolls, reduce time-consuming data entry and yield considerable cost savings,” Sec. Cortés said.

A May 2015 report by the Pew Charitable Trusts said states using online voter registration had seen per-application savings ranging from $0.50 to $2.34. In Arizona, which in 2002 became the first state to implement online voter registration, election officials report their cost is 3 cents for each online application versus 83 cents for a traditional paper form.

“Pennsylvania’s counties have the primary responsibility for managing voter registration and conducting our elections, and we strongly support measures such as this that facilitate and improve our citizens’ access to the polls,” said Lancaster County Commissioner Craig Lehman, President of the County Commissioners Association of Pennsylvania.

When an applicant completes the online form, the information is forwarded directly to the appropriate county voter registration office for processing. There, election staff will find that electronic application eliminates the problem of trying to decipher often illegible handwriting. Additionally, county election staff will not have to follow up on missing information on the electronic applications, because the online form cannot be submitted if any required data fields have not been completed.

Counties will receive the applications through the same system which currently forwards Motor Voter applications from the Pennsylvania Department of Transportation, so there was minimal training needed for county election workers.

The online system is more secure for applicants because the form will be transmitted directly to the proper county voter registration office for processing. In contrast, a traditional paper application containing personal information might pass through several hands before the registration is complete.

The latest protocols in data security have been built into the system and will be constantly monitored and updated. The Pew study reported that there have been no security breaches in any of the states already using an online system.

Because the online voter registration site is directly linked to PennDOT’s Motor Voter system, if an applicant has a driver’s license or PennDOT ID card, the signature already on file with PennDOT can immediately be linked to the voter record.

Applicants who do not have a driver’s license or PennDOT ID card will be able to print, sign and mail the completed online application to their county voter registration office. If they are not able to print the application, they may request that the Department of State mail them a signature card to complete and return to their county office.

To learn more about online voter registration, visit www.votesPA.com. Click here for online voter registration frequently asked questions.

Online Voter Registration Coming to Pennsylvania

Gov. Tom Wolf

Gov. Tom Wolf this week announced that Pennsylvanians will soon be able to register to vote online.

Online registration was one of the reforms the first-term Democratic governor promised while campaigning last year.

The system was expected to go live on Thursday, according to media reports.

By way of background: At least 30 states currently (or will soon have fully or substantially) electronic voter registration at DMVs. At least 3 states have expanded or are soon expanding electronic registration to public service agencies, according to the Brennan Center for Justice.

The Associated Press reports that Pennsylvania residents will be able to register to vote in the upcoming Nov. 2 general election, although paper voter registration applications will still be available.

The date by which voters must register online is Oct. 5.

For updates on Pennsylvania online voter registration, click here.

Interestingly, legislation proposed by Pennsylvania lawmakers have languished in recent sessions.

During the 2015-16 Legislative session, state Rep. Mary Jo Daley, a Democrat serving Montgomery County, has re-introduced legislation that would allow for online voter registration.

Known as House Bill 692, the legislation would amend Title 25 (Elections) of the Pennsylvania Consolidated Statutes, in voter registration,” further providing for methods of voter registration, providing for electronic voter registration application and for electronic submission of changes to registration and further providing for preparation and distribution of applications; in changes in records, further providing for change of enrollment of political party; in penalties, further providing for altering registration; and conferring powers and imposing duties on the Department of State.”

The More You Know: Proposed PA Bill Would Allow Online Voter Registration

This week we want to let you know about some election-reform bills that are languishing in the state Legislature.

One of them is Senate Bill 37, which was introduced last year by Sen. Lloyd Smucker, a Republican serving Lancaster County, amends Title 25 of the Pennsylvania Consolidated Statutes that deal with voter registration.

SB 37 would provide for, among other things, electronic voter registration.

Proponents of the bill believe that the legislation say it would reduce state and county costs associated with processing voter registration forms, strengthen the security of the registration data and make the registration process more efficient.

Smucker also said he believes the measure would ensure greater poll book accuracy and expand options for voters, allowing them to register to vote from their homes or office computers 24 hours a day up until seconds before the registration deadline.

Previous co-sponsors of this legislation include the following senators: Gordner, Baker, Erickson, Alloway, M. White Schwank, Rafferty, Washington, Earll, Waugh, Costa, Pileggi, Brubaker, Ferlo, Farnese, and Boscola.

The bill was referred to committee in April of 2013.

Want to see online voter registration in Pennsylvania and think Senate Bill 37 should move out of committee and to the full Senate for consideration? Contact your state Senator and ask him to support SB 37. Don’t know who your senator is? Click here.

LWV Blogger: THIS is the Problem with Online Voter Registration

In a blog by Lloyd Leonard published this week on the League of Women Voters website titled “The Problem with Online Voter Registration,” the conclusion was straightforward:

At a time when Americans can conduct almost any transaction accurately and quickly online – from signing contracts to paying bills and banking – our election systems should join the 21st Century through online voter registration for all.

Because while some states have adopted online voter registration systems, Leonard writes that there are problems inherent to them all.

While you can read the whole piece by clicking here, there are three takeaways we wanted to mention:

1. To register to vote online in many states, one must have a valid driver’s license of ID card on file with a signature – which Leonard said alienates potential voters who who lack those documents.

2. Because of these requirements, many young people, senior citizens and voters of color are impacted, affecting their access to the polls.

3. The problem can be fixed. Here’s what the author suggests:

States should enable eligible voters to legally attest that the information they enter online is accurate by using a computerized mark, similar to the way in which Internet users can “sign” contracts, credit card invoices, banking and other transactions online. These voters could then be required to provide a “wet” signature when they visit a polling place for the first time. This method is similar to the Help America Vote Act’s (HAVA) provisions for first-time voters who register by mail.

Another way to increase the accessibility of online voter registration is to utilize existing technology to capture and accept an electronic version of the registrant’s signature. This option would enable voters both to register online and provide a signature instantaneously. In addition, the use of mobile devices like tablets and smartphones would not only increase access directly, it could significantly assist organizations like the League that conduct voter registration drives and help mitigate the problem of uneven access to computers and the Internet.

By way of background, Pennsylvania is among the states that does not permit voters to register online. However, there are several proposals languishing in the state Legislature that involve fair elections issues such as creating an online voter registration system. To read more about those proposed pieces of legislation, click here.

Report: PA Lags Behind in Modernizing Election System

Pennsylvania lags behind other states in the nation in modernizing its election systems, according to a recent study by Washington-based, good-government nonprofit Common Cause.

According to the study, the Commonwealth State rated positively on:

• training for poll workers
• accommodating disabled voters
• and record keeping.

What Pennsylvania isn’t so great at? The report cites:

• lack of online voting registration
• the state’s requirement that voters must have a reason to request an absentee ballot
• and the lack of early voting

The Common Cause study evaluated Pennsylvania’s progress in implementing 19 recommendations made in January by the Presidential Commission on Election Administration, as well at the progress of Arkansas, Alaska, Colorado, Florida, Georgia, Kentucky, Louisiana, Michigan and North Carolina. Pennsylvania was scored “satisfactory” on six, “mixed” on six, and “unsatisfactory” on six. One recommendation was not applicable.

Here’s an excerpt from the story:

The satisfactory ratings included the state’s integration of voting registration with the motor-vehicle agency, use of schools as polling places, recruiting to expand polling station volunteers, training, and two issues related to easy site access to polling stations.

The state received unsatisfactory grades on online voting, early voting, interstate exchange of voter information, a failure to establish voting centers where people can vote outside their precinct, access for people who are not strong English speakers and clear language used in voting material.

Without legislation, the state has limited ability to implement some of those 19 recommendations, said Ron Ruman, press secretary for the Department of State. Mandating change is further complicated by the autonomy counties have in establishing voting procedures and other changes. The advantage of local control is the ability to address a community’s specific needs, Ruman said.

Many nonprofits and organizations advocating for fair elections lauded the report for bringing the information to light.

Marian Schneider, senior attorney with the Advancement Project, said:

“I think that the state has a bully pulpit, and they could be out in front of a lot of these issues,” said Marian Schneider, senior attorney with the Advancement Project.

In an executive summary, Common Cause noted these overall conclusions of the study:

• States across the country – included in the report and beyond – are failing to give voters as many options as possible when it comes to voting before Election Day. This could suppress turnout and lead to long lines for those that vote
• States that are not covered by Section 203 of the Voting Rights Act are failing to adopt the Commission’s recommendation to provide sufficient bilingual support for limited English-proficient populations. This means that our democracy is not as inclusive and participatory as its promise;
• A majority of states have adopted electronic systems to seamlessly integrate voter data acquired through Departments of Motor Vehicles with statewide voter registration lists; although not specifically recommended by the Commission, we urge states to replicate this success by ensuring seamless integration of data acquired through all voter registration agencies, including public assistance agencies and healthcare exchanges;
• When it comes to poll-worker training, most states take a jurisdiction-by-jurisdiction approach; this lack of uniformity could easily cause confusion for workers and voters alike, thereby keeping lines long;
• Six states conduct post-election audits as the Commission recommends; however none of these states has fully auditable elections because at least some of the voting systems do not produce a voter-verifiable paper record.

To read more about the study as it relates to Pennsylvania, click here.

To read more about the study itself, click here.

To read more about Pennsylvania voting laws, click here.