UPCOMING TRAINING: VOTING DISCRIMINATION COMPLAINT PROCESS
New York State has demonstrated an inability to reach consensus on how to meet the disabled access provisions in the Help America Vote Act (HAVA). It is now up to advocates to collect bona fide voting discrimination complaints to help leverage this process.
VOTING DISCRIMINATION COMPLAINT PROCESS
New York State has demonstrated an inability to reach consensus on how to meet the disabled access provisions in the Help America Vote Act (HAVA). New Yorkers with disabilities have waited for more than 200 years to vote privately and independently. It is now up to advocates to collect bona fide voting discrimination complaints to help leverage this process. The information captured in these complaints is consistent with the content required for future submission to the U.S. Department of Justice. We will hold off sending these complaints to US DOJ’s new HAVA Compliance Unit because they are in more of a technical assistance mode until 2006.
Our goal is to generate and collect as many voting discrimination complaints as possible on Primary and Election Days 2004. We will activate our network and encourage other similar networks to do the same. The attached materials will provide you with a process to achieve this goal.
Overall, the collective complaints will be leveraged as follows:
• Statewide action to generate voting rights complaints will send a message that we are serious. Documented claims represent specific acts that deny voting access to individual citizens.
• Attorneys will review the voting rights complaints to determine if there is any legal standing to act before 2006.
• Voting rights complaints will be compiled into a report. It will be presented to the NYS Legislature and Governor to compel them to take action. NYS Election Law must be amended to avoid inconsistent interpretation and implementation across this state. See the attached document entitled, “Amendments Needed to NYS Election Law,” to understand what changes are necessary to provide full voting access to New Yorkers with disabilities.
• The situation will be reevaluated at the end of the legislative session. If necessary, a new short-term strategy will be developed. We will have to determine if there is a need to collect more complaints in future Primary and Election Days, file the collective complaints with U.S. Department of Justice, or file a class action lawsuit. It may be necessary to have individuals document a history of how they have been denied full access to vote privately and independently over a span of 2-3 years.
How to Collect & Submit Voting Discrimination Complaint Forms
Background
New Yorkers with disabilities saw HAVA implementation as a sure way to finally achieve full access to the voting process. Advocates made a concerted effort to be a part of the solution. They provided recommendations at public hearings, submitted written testimony, developed position papers, and conducted legal research. They also tested voting machines, offered free training and technical assistance. Unfortunately, this good faith effort was met with indifference. The Joint Legislative HAVA Conference Committee and legislative session ended without any agreement on voting access issues.
William Brown, the attorney who successfully litigated the Tennessee v. Lane case before the U.S. Supreme Court, encouraged us to change our focus. Rather than proceed as agencies with technical expertise seeking injunctive relief on voting access issues, it was time for individual citizens to record specific incidents when they were not afforded full access to vote. This allows the State to be sued for damages on top of injunctive relief. Depending on the act of discrimination, it could even involve civil penalties. Our state’s inaction on HAVA implementation and unwillingness to amend NYS Election Law is shaping up to be the primary barrier for this lack of access. So, it all comes down to the power exercised by an individual.
Ideally, we would like every New Yorker with a disability to be able to enter, vote, and exit their designated polling site without barrier to the voting machine, ballot, or polling place. If a peer can achieve this – fantastic! However, we want any individual who cannot vote privately or independently to fill out one of the attached Voter Discrimination Complaint Forms. Complainant names will be kept confidential and only shared with NYSILC’s work group. As stated earlier, content will be compiled into a comprehensive report. Individuals will have the option to consider involvement in a class action lawsuit. Once a person completes a form for their designated polling place, it is important that they follow up on future Primary and Election Days. Again, this will help document a timeline of how long the discrimination lasted and/or when it was remedied.
We ask that you use a variety of email, conference call, and/or face-to-face meeting forums to present this process to your consumer base. Take the time to make sure that people are registered to vote at their current address. Have them fill out a voter registration form if needed. See how many consumers know exactly where their designated polling place is located. If they don’t know, then make a list of who is not sure and follow up with them after the meeting. Remember, we only want people to collect information for their designated polling place.
We advise people to read the form over before going into the polling place to make sure they are clear about what information is desired. To be prepared, take a pen and an additional piece of paper with you. We also suggest that you complete as much of the form as possible before you actually enter the polling site. This will allow you to focus on the exact details of what happens at the site.
Part I of the form asks for standard contact information. It is self-explanatory. Part II of the form asks for the polling site location. Question number (1) asks for the common name of the site (i.e., Utopia Town Hall, Jane Doe Middle School, Joe’s Garage, etc.). Question number 2 asks about the physical location, or address of the site (i.e., 100 Main Street, Utopia, NY + zip code).
Part III of the form looks to categorize and document the voting rights discrimination. Question 1 asks for you to record the exact time and date the discrimination occurred. Question 2 asks you to categorize the discrimination in four general terms: polling site, voting machine, ballot, and/or other. Please realize that you can check all that apply. Question 3 asks for a narrative description of what took place. You can use empty space on the back of the form if needed. You can add further comments on an additional sheet of paper. Question 4 asks that you provide the name(s) of the election officials present.
We suggest that you approach a person and calmly ask to talk to the person in charge. If they ask why, tell them that you have to notify them about a complaint. If the person you asked refuses, ask for their name and note that they didn’t allow you to speak to the person in charge. Be persistent and have them spell out their name if needed. However, we fully expect that the poll worker will be receptive and get the person in charge.
When the person introduces himself or herself, ask for their name. Again, have them spell it out for you. Simply notify them about the problem(s) you encountered and then let them respond. Pay attention to what they say. Thank them and leave. Don’t engage in any excessive conversation unless you want to and feel it is productive. If positive, offer to provide assistance at the local level. It’s up to you as the individual.
Question 4 (a), recognizes that some advocates may not want to ask for the names of the elections officials. While it is better for the complaint to capture all of the information on the form, we don’t want any individual to decline participation based on this one item. As a result, simply check the space to the right of question 4(a) to indicate that you chose not to obtain the names of the elections officials.
Question 5 asks you to summarize any interactions with the election official. We suggest that you wait until you can get to an area without any interruptions. Again, you can use empty space on the back of the form if you need more space for your comments, or just attach an additional sheet of paper.
Part IV of the form wraps up necessary information. Question 1 inquires about your interest to participate in a class action lawsuit if the situation is not remedied. You respond “yes” to be considered and “no” to decline. Question 2 asks for your signature, while Question 3 wants you to insert the date.
Upon completion, we ask that individuals make a copy for themselves and give the original to their local center. Their local center should keep the original and make a copy for the network. The network copy can then be faxed to the Catskill Center For Independence (CCFI) at (607) 432-6907, or you may complete the form online. CCFI will help process the statewide complaints. The link to download the form, or you can submit the information electronically. If you have any questions, contact Chris Zachmeyer at (607) 432-8000 - ccfi@ccfi.us, Sharon Shapiro (212) 674-2300 Ext. 102 - sshapirolacks@cidny.org, or Brad Williams at (518) 427-1060, nysilc@nysilc.org.