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Voting Accessibility for the Elderly and Handicapped Act facts for kids

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The Voting Accessibility for the Elderly and Handicapped Act (VAEHA) is a United States law passed in 1984. This law makes sure that people with disabilities and older adults can easily register to vote and cast their ballots during federal elections.

It also requires that voting information and tools, like instructions, are printed in large letters to help everyone.

What the Law Does

This law makes sure that all places where people vote (called polling places) are easy for everyone to use, especially those with disabilities. If a polling place can't be made accessible, the law says that voters must be given another way to vote on Election Day.

The main goal is to prevent unfair situations where people with physical or other challenges find it hard to vote. For example, the law helps fix problems with parking, building entrances, paths to the voting area, and checking in.

Important Words to Know

  • Older Adults: People who are 65 years old or older.
  • People with Disabilities: Someone with a temporary or permanent condition that affects their movement or senses.
  • Accessibility: Making sure something is easy for everyone to get or use, and that it's understood and respected.
  • Accommodate: To help meet someone's needs or wishes.
  • Aid: To help or support someone.
  • Absentee Vote: A vote sent by mail or online instead of voting in person.
  • Violate: To break a rule or not follow it.

Help with Registering and Voting

Under the VAEHA, each state must:

  • Make sure that people with disabilities can easily register to vote and get help when voting.
  • Print ballots in large letters.
  • Provide special tools, like devices for people who are deaf, to help them vote.

States cannot ask for a doctor's note or medical proof if someone needs to vote by absentee ballot because of a disability. The main election official in each state must tell people with disabilities about all the special help available on Election Day.

In 2015, a new rule was added to the VAEHA. It says that a voting official can let a voter who has a physical disability or is over 70 years old move to the front of the line at a polling place if they ask.

Choosing Voting Locations

The VAEHA also makes sure that each state:

  • Follows rules for making polling places physically accessible for people with any type of disability.
  • Offers a different voting place on Election Day for voters with disabilities if their assigned location isn't accessible.
  • Gives out information about these options in a timely way.

The main election official in each state checks potential voting locations beforehand. If a place isn't accessible, they must make it temporarily accessible for that election. Each state must report to the Federal Election Commission by December 31 of every even-numbered year about which polling places are accessible and which are not. This information then goes to Congress by April 30 of every odd-numbered year.

Choosing Registration Locations

The VAEHA also says that every state must have a good number of accessible places where people can register to vote for federal elections.

This rule doesn't apply to states that already offer many ways for people to register at federal buildings.

What Happens if Rules are Broken

If someone believes that election officials in a state have broken the Voting Accessibility Act, they can report it to a federal court. The state's chief election officer must be told about the problem. A lawsuit can only be started if 45 days have passed since the state was notified.

Ideas to Change the Law

In 1999, Senator John McCain from Arizona tried to update the VAEHA. He wanted to make some voting rules more specific and allow people to register to vote or vote from their homes.

Senator McCain also wanted to change old-fashioned words in the law. He hoped to replace "handicapped" with "disabled" everywhere in the document. He also wanted to add the "Access Board" to the law, which would mean the Architectural and Transportation Barriers Compliance Board would be in charge of rules for polling places.

Recent Issues

Even with the VAEHA, people with disabilities have reported problems getting into polling places.

During the 2012 presidential election, some voters shared these issues:

  • In Arizona, some voters couldn't vote privately because poll workers didn't know how to use the special accessible equipment. One voter was even told they didn't need to use the accessible equipment when they asked.
  • In Illinois, a poll worker told a voter they couldn't have an assistant help them vote because they "didn't look like they had a disability."
  • In Michigan, a poll worker questioned a voter's right to vote because they had a physical disability and couldn't speak.
  • In Missouri and Tennessee, some polling places were not accessible at all.

The U.S. Government Accountability Office studied how accessible polling places were during the 2016 election. They looked at 178 polling places and found that 60% (107 of them) had problems. The most common issues were steep ramps outside buildings, no signs showing accessible paths, and bad parking or walking surfaces. These problems were found during both Election Day and early in-person voting.

The Department of Justice's rules are also not very clear about how federal accessibility requirements apply to early in-person voting. This type of voting, where people vote at a special location before Election Day, is becoming more common.

In March 2021, the state of Georgia introduced new voting rules that could make voting harder, especially for people with disabilities. For example, there was less access to ballot drop boxes. Drop boxes are a helpful way for people to turn in their ballots if they have trouble getting to voting centers. Groups that support people with disabilities have asked Congress to pass the John Lewis Voting Rights Advancement Act to help protect voters' rights.

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