Americans with Disabilities Act Training July 14, 2020 Primary - PDF document

7/ 1/ 2020 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. 1

7/ 1/ 2020 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. 2

7/ 1/ 2020 “Major Life Activity” • Communicating • Speaking • Standing • Walking • Sitting • Reaching • Lifting • Major bodily functions (neurological, immune system, etc.) Types of Disabilities • Neurological • Mental • Physical & Mobility • Hearing • Speech • Visual • Learning • Intellectual Unseen Disabilities • Cancer • Arthritis • Mental Illness • PTSD • Autism • Chronic Fatigue • Epilepsy • Cystic Fibrosis 3

7/ 1/ 2020 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 4

7/ 1/ 2020 Be Respectful to ALL Voters! Communication with Voters • Never make assumptions. • Treat adults like adults. Communication with Voters Respect the privacy and independence of each voter. 5

7/ 1/ 2020 Communication with Voters • “Please let me know if you need assistance.” • Do not be offended if someone doesn’t want your help. Communication with Voters Use p erson-first language: • A person who uses a wheelchair. • A person who is blind/ visually impaired. • A person with a mental/ mental health disability. Communication with Voters Each voter is a unique individual who deserves to be viewed as a whole person. 6

7/ 1/ 2020 Communication with Voters • When speaking with a voter who requires an interpreter, address the v oter not the interpreter. Communication with Voters • 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. Communication with Voters • Don’t touch or move a person’s mobility device without the voter specifically requesting this. 7

7/ 1/ 2020 Communication with Voters If 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 Voters If 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. 8

7/ 1/ 2020 Q UESTIONS Providing Assistance to Voters T EXAS E LECTION C ODE Title 6, Chapter 64, Subchapter B Assisting Voter 9

7/ 1/ 2020 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. 10

7/ 1/ 2020 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 2. 1. 3. 11

7/ 1/ 2020 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. A MERICANS WITH D ISABILITIES A CT Title II Voting Requirements 12

7/ 1/ 2020 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 ADA Voters 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 13

7/ 1/ 2020 Title II of the ADA Voters 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 14

7/ 1/ 2020 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 m odifications to policies, practices, and procedures. 15

7/ 1/ 2020 Reasonable Modifications  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. Reasonable Modifications  Voter should request a reasonable modification.  If a person’s disability and need for assistance are obvious, you may offer assistance. Q UESTIONS 16

7/ 1/ 2020 Curbside Voting Process Curbside Voting Texas 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, curbsid e v oting m ust be p rov id ed . 17

7/ 1/ 2020 Curbside Voting • Person monitoring the receiver will respond and direct voter to the curbside voting area. Curbside Voting If 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. 18

7/ 1/ 2020 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 19

7/ 1/ 2020 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. 20

7/ 1/ 2020 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  Monitor  Voting area  Response  Receiver 21

7/ 1/ 2020 Curbside Voting: Buzzer • BallotCall Max is a polling location notification system consisting of a buzzer and a receiver. Curbside Voting: Buzzer • Follow the instructions in the ADA manual for how to assemble the buzzer station. Curbside Voting: Buzzer • 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 22

7/ 1/ 2020 Curbside Voting: Buzzer Where should the buzzer be placed? Curbside Voting: Buzzer • 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. 23