A Vote Should Be Easy To Cast - Brad Williams NYSILC

A vote should be easy to cast

By BRAD WILLIAMS
First published: Friday, July 2, 2010
Albany Times Union

How often in life do we get a second chance?
Gov. David Paterson will soon get such an opportunity with polling place legislation for people with disabilities. The measure would have a minimal fiscal impact upon taxpayers.
Last September, the governor, who himself has a disability, shocked many when he vetoed a group of disability bills mostly centered on rights provided through the federal Americans with Disabilities Act, including voting place access. Even more perplexing to some was the reasoning used in his veto message on the polling place access bill.
Paterson stated that "many such places have received waivers from ADA compliance." This statement is both inaccurate and contrary to federal law. The bill that will go to him now updates state law by eliminating the practice of granting waivers and codifying programs in place through the state Board of Elections to make sure that access is ensured now and in the future.
As the governor also made reference, the bill is more than just a "noble idea." The disability community's right to vote shouldn't be compromised by the misdirection of facts or the self-interest of other parties to block it.
There are approximately 3.3 million voting-age New Yorkers with disabilities. They might require different levels of access.
By 2015, with the aging of the baby boomer population, the incidence of disability will increase. Language access issues are also relevant to this discussion, with predicted increases in culturally diverse populations between 2025 and 2050.
Old lever voting machines and inaccessible polling places really won't cut it. Elected officials must change their mind-set, consistent with elections system practices and the law.
Another erroneous concern was the "practical realities of financial restraints of state and local governments" and the "imposition of onerous time frames." The bill clearly states that it has no fiscal impact. This is due to the fact that there are federal and state funds available to counties to make modifications of inaccessible polling sites. There is a process in place whereby a county submits documentation to seek reimbursement for its costs from the state Board of Elections.
If a site cannot be made easily accessible, it can be consolidated within a larger location -- that is, election district -- that is accessible. , there are no increased costs passed down to local governments.
In terms of the time frame, it is baseless to talk about how it can't be done within six months when the Americans with Disabilities Act has been around for two decades. It has been more than 10 years since the disability network teamed up with 18 assistant attorneys general for a statewide survey of polling places on Election Day 1999. The subsequent court case, based on the Catskill Center for Independence data, against three upstate counties in federal court upheld the ADA regarding polling place access.
Paterson should make good on his commitment to act on the issue this year by signing A.10946/S.7860 -- sponsored by Assemblyman Kevin Cahill, D-Kingston, and Sen. Joseph Addabbo, D-Queens -- into law. It would be a fitting gesture to do so on July 26, the 20th anniversary of the ADA.
Paterson also can sign a complimentary bill. A.5707/S.5029 -- sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and Addabbo -- to help increase the potential pool of accessible polling place locations.
The purpose of the bill is to require owners of buildings who obtain tax abatement exemptions or other public benefits to make rooms available for voting and registration, which are accessible to people with disabilities.
It is time for the state, its counties and its localities to comply and go on record with the public documentation to back it up.
Brad Williams is executive director of the New York State Independent Living Council.