Welcome to the Washington Connection, the legislative and information service of the American Council of the Blind. The Washington Connection is brought to you by the ACB national office. If you have any questions or comments on the information provided, don’t hesitate to contact us and ask to speak with Clark Rachfal.
The Washington Connection is updated any time we have new information to share with you. The following articles are available as of February 4, 2021. Messages 1, 2, 3, 5, 6, and 7 are new.
- Foster, Voice, Choice and Community at the 2021 ACB Leadership Conference
- 2021 Affiliate Presidents’ Meeting Agenda
- 2021 Legislative Seminar Agenda
- New! Secure Independence for Seniors and Medicare Beneficiaries Legislative Imperative
- New! Disability Access to Transportation Act Imperative
- New! Exercise and Fitness for All Imperative
- Disability Community Fears Paper Ballot Mandate Will Hurt Voters with Disabilities
- New! Amtrak Accessibility Settlement
Thank you for calling the Washington Connection.
Foster, Voice, Choice and Community at the 2021 ACB Leadership Conference
Registration is now open for the annual D.C. Leadership Conference. The event will be held virtually from February 21st-23rd.
We have learned so much during the past year and experienced significant growth amidst all the challenges in our society. And now is the time to come together, grow as a group, and share our story with those who can drive our agenda forward.
This year’s event will be held virtually, bringing together affiliate leaders and advocates from across the country. Programming for the conference is split into two main events, a day-long presidents’ meeting, open to all, which provides best practices to strengthen affiliates, and a two-day legislative seminar, which educates attendees on key issues facing our community and prepares attendees for meeting with members of Congress and their staff for the remainder of the week.
This year, the Presidents’ Meeting will include sessions on diversity & inclusion, leveraging new members, fundraising, and effective communications. Participants will also hear from prominent leaders in industry and the field of blindness.
Following the Presidents’ Meeting, ACB will hold its annual Legislative Seminar. This two-day event consists of general sessions focused on the political landscape and policy priorities for the ACB community in the 117th Congress. Attendees will have the opportunity to learn about advocacy priorities within the subjects of voting rights; transportation & environmental access; education & employment; digital inclusion; and health & wellness. Following the Legislative Seminar, ACB affiliates will be scheduling virtual meetings with congressional offices where ACB members can share their experiences and advocate on key ACB policy priorities.
Registration is $20, which will include access to all the events sessions and relevant materials that will be shared throughout the event. The programs will also be streamed live over ACB Radio.
Register for the D.C. Leadership Conference by visiting http://weblink.donorperfect.com/2021DCLeadershipmtgs. For assistance with registration, please call (612) 332-3242. To receive your D.C. Leadership meeting documents and Zoom invitation in a timely manner, you will need to register by February 16, 2021. If you register after this date, the documents will be emailed to you by the end of the day Saturday, February 20, 2021.
2021 Presidents’ Meeting Agenda
Sunday, February 21, 2021
10 a.m. to 5:30 p.m. Eastern
Broadcast on ACB Radio Mainstream
10:00 AM: Opening Remarks
Dan Spoone, ACB President, Orlando, FL; and Eric Bridges, ACB Executive Director, Alexandria, VA
10:15 AM: Dedication of 2021 Leadership Conference to Charlie Crawford, past ACB Executive Director
Susan Crawford, Housing and Urban Development (HUD) Supervisor and Charlie’s wife, Silver Spring, MD; and Patrick Sheehan, ACB Board Member, Silver Spring, MD
10:20 AM: Update on ACB 2021 Conference and Convention
Janet Dickelman, ACB Convention Committee Chair, Saint Paul, MN
10:30 AM: Diversity and Inclusion Mentoring Program
How can ACB and our affiliates develop outreach to potential leaders and members from different ethnic backgrounds?: Peggy Garrett, Multicultural Affairs Committee Chair, Missouri City, TX; Michael Garrett, Multicultural Affairs Committee Member, Missouri City, TX; Sandra Sermons, Multicultural Affairs Committee Member, Rockville, MD; and Regina Marie Brink, Multicultural Affairs Committee Member, Sacramento, CA
11:15 AM: Connection Show 1 (Broadcast on ACB Radio Mainstream)
Tony Stephens, ACB Director of Development, Baltimore, MD; and Debbie Hazelton, Program Director, ACB Radio, Dothan, AL
11:30 AM: Three Concurrent Breakout Sessions
Room A: ACB Radio Transitions To ACB Media Network (Broadcast on ACB Radio Mainstream)
Discussion of the evolution of internet radio to podcasts, live streaming on YouTube and beyond and the launch of the Community Channel: Tony Stephens, ACB Director of Development, Baltimore, MD; Debbie Hazelton, Program Director, ACB Radio, Dothan, AL; Rick Morin, Technical Director, ACB Radio, Waltham, MA; and Jeff Bishop, ACB Board Member, Kirkland, WA
Room B: Affiliate Communications and Marketing Tool Kit (Broadcast on ACB Radio Live Event)
Are you struggling to reach new members, donors and community partners? Does your affiliate have a communications plan? What’s new with ACB email lists: Kate Vendemio, Mount Vernon Consulting, Rockville, MD; Kelly Gasque, Executive Assistant & Multimedia Design Specialist, Woodbridge, VA; and Katie Frederick, ACB Board Member, Columbus, OH
Room C: ACB Membership Certification Process – Future Direction (Broadcast on ACB Radio Special Event)
How do we improve the process?: Cindy Hollis, ACB Membership Services Coordinator, Flat Rock, MI; Nancy Becker, ACB Chief Financial Officer, Minneapolis, MN; AMMS User Panelists: Carla Ruschival, Louisville, KY; and Jane Carona, Silver Spring, MD
12:30 PM: Connection Show 2 (Broadcast on ACB Radio Mainstream)
Tony and Debbie interview guests and share highlights
12:45 PM: Sponsor Presentation
1:00 PM: Keynote Presentation: Getting Out Your Message In 2021
Will Butler shares his approach to communications in this new decade with humor, new social media platforms and personal stories: Will Butler, Vice President, Community, Be My Eyes, Los Angeles, CA
1:30 PM: ACB 2020 “A Year To Remember” Highlight Video
1:35 PM: DKM First-Timers Program and Leadership Fellows Awards for 2021
Kenneth Semien Sr., Durward K. McDaniel (DKM) Fund Committee Chair, Beaumont, TX; and Zelda Gebhard, DKM Fund Committee Member, Edgeley, ND
1:40 PM: Updates from the National Library Service for the Blind and Print Disabled (NLS)
Karen Keninger, Director, Washington, DC
1:50 PM: 2021 Resolution Process
Report from the Resolutions Task Force Committee: Ray Campbell, ACB Second Vice President, Glen Ellyn, IL; and Gabe Griffith, Resolutions Committee Chair, Sacramento, CA
2:00 PM: What’s New With the ACB Community
Cindy Hollis, ACB Membership Services Coordinator, Flat Rock, MI; Kaila Allen, Mesa, AZ; Leslie Spoone, Orlando, FL; Tyson Ernst, Springfield, IL; and Linda Yacks, Harrison, AR
2:45 PM: Connection Show 3 (Broadcast on ACB Radio Mainstream)
Tony and Debbie interview guests and share highlights
3:00 PM: Three Concurrent Breakout Sessions
Room A: Why Did You Get Involved In ACB: Let’s Learn From Six New Members Under The Age Of 45 (Broadcast on ACB Radio Mainstream)
What was the initial attraction? What works? What are ACB’s opportunities for improvement? Michael Talley, ACB Board Member, Hueytown, AL; Matt Selm, Kentucky Council of the Blind President, Louisville, KY; Maria Kristic, GDUI and BPI Treasurer, Albany, NY; Desiree Christian, ACB of Oregon and Next Generation Member, Portland, OR; Kristin Kelling, Michigan Council of the Blind and Visually Impaired Secretary, Grand Rapids, MI; and Gregg Wandsneider (Triple G), Community Event Facilitator and Zoom Host, Waukesha, WI
Room B: Fundraising Conversation With An Expert (Broadcast on ACB Radio Live Event)
Bill Reeder shares his 30 years of experience on relationships, planning and implementation for fundraising campaigns: Bill Reeder, ACB Advisory Board member and Professor, George Mason University, Ellicott City, MD; Jo Lynn Bailey-Page, ACB Grant Writer, San Mateo, CA; and Tony Stephens, ACB Director of Development, Baltimore, MD
Room C: What’s New With Audio Description (Broadcast on ACB Radio Special Event)
Learn about Spectrum Access, tips to advocate for AD with your local broadcast station, participate in virtual museum tours with AD and access AD with a smart TV and subscriptions to Netflix and Amazon Prime Video: Carl Richardson, Audio Description Project (ADP) Co-Chair, Brighton, MA; Kim Charlson, Audio Description Project (ADP) Co-chair, Watertown, MA; Joel Snyder, ACB Audio Description Project (ADP) Director, Takoma Park, MD; and Johnathan Sweet, Spectrum Accessibility, Denver, CO
4:00 PM: Connection Show 4 (Broadcast on ACB Radio Mainstream)
Tony and Debbie interview guests and share highlights
4:15 PM: Get Up And Get Moving: ACB 2021 Advocacy and Development Campaign
Integrating advocacy with development: Sharing the ACB fundraising projects for 2021: Tony Stephens, ACB Director of Development, Baltimore, MD; Dan Dillon, ACB Resource Development Committee Chair, Hermitage, TN; Donna Brown, ACB Walk Committee Chair, Romney, WV; Leslie Spoone, ACB Auction Chair, Orlando, FL; George Holliday, Monthly Monetary Support (MMS) Committee Co-chair, Philadelphia, PA; and David Trott, ACB Treasurer, Talladega, AL
5:15 PM: Wrap Up
Dan Spoone, ACB President, Orlando, FL
7:30 PM – 9 PM: Fireside Chat with Leaders Community (Broadcast on ACB Radio Mainstream)
Craig Meador, APH, Louisville, KY; Lee Nasehi, VisionServe Alliance, Winter Park FL; and Dan Spoone, ACB President, Orlando, FL (Other panelist TBA)
2021 Legislative Seminar Agenda
Day 1: Monday, February 22, 2021
12:00 – 1:00 pm: General Session
Welcome and Political Outlook for 117th Congress – Charles Cooper, Managing Director, Chair of Advocacy at Signal Group, Washington, DC
1:00 – 1:15 pm: Connection Show 1
1:15 – 3:45 pm: Breakout Session 1
Breakout A: Transportation (Broadcast on ACB Radio Mainstream)
- 1:15 – 2:25 pm: Safe Air Travel for Passengers and Service Animals - DOT/FAA Update (TBA); & Airline Industry Panel: Ray Prentice, Consumer Advocate, Alaska, Seattle, WA; & Todd Green, American, Dallas, TX; (Others TBA)
- 2:25 – 2:30 pm: Break
- 2:30 – 3:45 pm: Autonomous Vehicles - DOT/NHTSA (TBA); & AV Industry Panel: Eric Danko, GM/Cruise, Washington, DC; Representative, Waymo (TBA); & Dave Furukawa, co-Founder, Foresight Augmented Reality, Atlanta, GA
Breakout B: Live, Learn, & Earn with Vision Loss (Broadcast on ACB Radio Live Event)
- 1:15 – 2:00 pm: Education - Debbie Grubb (Moderator), Bradenton, FL; Lori Scharff, Waynesboro, VA; Mark Richert, Falls Church, VA; Representative, Overbrook School for the Blind (TBA); & Parent Advocate (TBA)
- 2:00 – 2:05 pm: Break
- 2:05 – 2:55 pm: Rehabilitation - Doug Powell (Moderator), Falls Church, VA; Lee Nasehi, President & CEO, VisionServe Alliance, Winter Park, FL; Kelly Buckland, Executive Director, National Council on Independent Living, Washington, DC; & Bill Robinson, President, National Council of State Agencies for the Blind, Lansing, MI
- 2:55 – 3:00 pm: Break
- 3:00 – 3:45 pm: Services for Older Americans with Vision Loss - Jeff Thom, Sacramento, CA; Mark Richert, Falls Church, VA; Pris Rogers, Rogersville, TN
3:45 – 4:00 pm: Connection Show 2
4:00 – 5:30 pm: General Session 2
Voting & Day 1 Wrap Up
4:00 – 4:45 pm: Election Assistance Commission
EAC Chair/Commissioner (TBA); EAC Statisticians (TBA)
4:45 – 5:30 pm: Election Officials
Panel of state and local election officials (TBA)
Day 2: Tuesday, February 23, 2021
12:00 – 1:00 pm: Welcome & General Session 3
Sachin Pavithran, Executive Director, U.S. Access Board, Providence, UT
1:00 – 1:15 pm: Connection Show 3
1:15 – 3:45 pm: Breakout Session 2
Breakout A: Digital Inclusion
- 1:15 – 2:00 pm: FCC Disability Rights Office, Presenter (TBA)
- 2:00 – 2:05 pm: Break
- 2:05 – 2:50 pm: Broadband Access: Zach Bastian, Verizon, Washington DC; (Other panelists TBA)
- 2:50 – 2:55 pm: Break
- 2:55 – 3:45 pm CVAA 2.0: Blake Reid, Boulder, CO; Carl Richardson, Brighton, MA; (Other panelists TBA)
Breakout B: Health & Wellness
- 2:25 – 2:55 pm: Low Vision Devices – Joseph Nahra, Powers Law/ITEM Coalition, Washington, DC
- 3:00 – 3:45 pm: Diabetics’ Bill of Rights (Panelists TBA)
3:45 – 4:00 pm: Connection Show 4
4:00 – 5:30 pm: General Session 4
Blindness Partners & Conclusion (Panelists TBA)
5:30 – 6:30 pm: Legislative Imperatives Open Discussion
Wednesday, February 24 — Friday, February 26: Affiliate Virtual Capitol Hill Visits
Secure Independence for Seniors and Medicare Beneficiaries Legislative Imperative
Background
In November of 2008, the Centers for Medicare and Medicaid Services (CMS) promulgated a regulation that has had a detrimental impact on the lives of countless individuals who are blind or visually impaired. The Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Acquisition Rule contains a provision entitled “Low Vision Aid Exclusion” which states that all devices, “irrespective of their size, form, or technological features that use one or more lens to aid vision or provide magnification of images for impaired vision” are excluded from Medicare coverage based on the statutory eyeglass exclusion. ACB believes this extremely restrictive reading of the eyeglass exclusion has resulted in the denial of vital assistive devices for seniors and other Medicare beneficiaries that offers solutions for sustaining independence in the home.
This proposal has had a significant impact on beneficiaries with vision impairments who depend on assistive technology that incorporates one or more lenses to aid in their vision. The expansion of the eyeglass exclusion has prevented access to devices such as handheld magnifiers, video monitors, and a wide array of technologies that utilize lenses to assist individuals in overcoming the obstacles impeding their independence. These tools are often essential for individuals with low vision who, without the aid of assistive technology, cannot read prescriptions, medicine bottles, and other important materials containing content that is vital to their personal health and safety.
In short, these devices allow individuals with low vision to live independently and safely. Such a poor regulatory policy serves as a pre-emptive and unwarranted coverage denial for any new technology designed to assist individuals with vision loss. Knowing its influence in the medical devices marketplace, innovation and competition will be curtailed if Medicare continues to maintain this coverage exclusion. The unwanted side effects include sacrificing personal independence for more costly residential assisted living, which in the long run ends up putting greater strain on our entitlement programs.
Call to Action
ACB urges all members of Congress to co-sponsor and support passage of the bipartisan Medicare Demonstration of Coverage for Low Vision Devices Act. In the 116th Congress, this bill was reintroduced in the House of Representatives by Reps. Maloney (D-NY-12) and Bilirakis (R-FL-12) as H.R. 4129. The House bill had additional bipartisan co-sponsors, including Reps. Cohen (D-TN-09), Fitzpatrick (R-PA-01), Schiff (D-CA-28), Wagner (R-MO-02), Wild (D-PA-07), Wilson (D-FL-24), DeFazio (D-OR-04), Axne (D-IA-03), Matsui (D-CA-06), Brownley (D-CA-26), and Himes (D-CT-06). In the U.S. Senate, we are seeking the bipartisan introduction of an identical companion bill for the first time.
This legislation would evaluate, through a five-year national demonstration project administered by the Department of Health and Human Services, the fiscal impact of a permanent change to the Social Security Act. This legislation would allow reimbursement for certain low-vision devices that are the most function-rich that sustain daily independent living. The devices would be considered durable medical equipment.
Individuals will be eligible to participate in the demonstration project only after completing a clinical evaluation performed by an ophthalmologist or optometrist who would then deem a low-vision device as medically necessary. The data from the demonstration would provide valuable insight into how the eyeglasses exclusion impacts independence for senior citizens and other Medicare beneficiaries. As Americans continue to live longer into their retirement, the Centers for Disease Control (CDC) projects through their Vision Health Initiative (VHI) that severe vision loss will be a leading chronic health condition for the next 30 years, based on an increasingly aging population and demographic changes in our country. According to CDC’s VHI, blindness increases the incidence of other chronic health conditions, depression, and morbidity. Therefore, it is vital that Congress identify solutions that can sustain quality of life as Americans get older.
For more information on this issue, contact Clark Rachfal, ACB’s Director of Advocacy and Governmental Affairs: crachfal@acb.org, (202) 467-5081.
Disability Access to Transportation Act
Background
The Fixing America’s Surface Transportation (FAST) Act was scheduled to be reauthorized by Congress by September of 2020. The bill was first enacted in September of 2015, and it was considered to be the first comprehensive, long-term piece of surface transportation legislation since 2005. The FAST Act fulfills the constitutional directive that dictates that investment in transportation and infrastructure is a core federal responsibility. It oversees the development and maintenance of roads, bridges, public transit, and rails. More specifically, the FAST Act strengthens transportation programs, refocuses on national priorities, provides long-term certainty and flexibility for states and local governments, streamlines project approval processes, and maintains a strong commitment to safety.
In 2020, one of ACB’s legislative imperatives was advocating for measures to improve transportation and environmental access through inclusion of provisions in the FAST Act reauthorization. Through collaboration with the cross-disability community, the efforts of ACB and our members lead to the bipartisan introduction of the Disability Access to Transportation Act, or DATA Act, by Reps. Langevin (D-RI-02), Katko (R-NY-24), and Titus (D-NV-01). The bill number for the DATA Act was H.R. 6248, and the provisions of this bill were included in the House version of the FAST Act.
Unfortunately, Congress did not reauthorize the FAST Act by the deadline, Sept. 30, 2020. Instead Congress passed a continuing resolution, which was signed by President Trump, that funded existing transportation programs for an additional year, until Sept. 30, 2021.
Call to Action
ACB urges Congress to re-introduce the bipartisan Disability Access to Transportation Act, the DATA Act, and to pass this legislation as part of the reauthorization of the FAST Act. The re-introduction of this bill enables the blind and visually impaired community to address transportation and infrastructure issues that allow for access and safety in their communities. The DATA Act would:
- Create and fund a five-year paratransit pilot program allowing passengers to make one stop during their trip for purposes including: child care, groceries, pharmacies, and financial institutions;
- Require the Department of Transportation and the U.S. Access Board to create guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way;
- Provide greater access for individuals to file complaints regarding paratransit service with the Department of Transportation Civil Rights Office;
- Create an Accessibility Data Pilot Program to assist local communities in identifying gaps in transportation and methods to improve service to low-income, minority, older and disabled populations; and
- Increase funding levels for Section 5310 grants that fill gaps in services for older adults and people with disabilities.
The blind and visually impaired community continues to face a lack of accessible transportation options and infrastructure-related safety risks. When meeting with your representatives, please share your personal experiences with paratransit and inaccessible transportation infrastructure. The passage of the DATA Act will improve transportation access and help alleviate environmental access barriers, which will allow people who are blind and experiencing vision loss to live more independently in their community with greater opportunities for economic growth, and by including the DATA Act in the reauthorization of the FAST act, the FAST Act would fulfill its responsibility to strengthen transportation programs for all Americans.
For more information on this issue, contact Clark Rachfal, ACB’s Director of Advocacy and Governmental Affairs: crachfal@acb.org, (202) 467-5081.
Exercise and Fitness for All Act
Background
Physical activity plays an important role in maintaining health, well-being, and quality of life. According to the Physical Activity Guidelines for Americans, 2nd edition, physical activity can help control weight, improve mental health, and lower the risk for early death, heart disease, type 2 diabetes, and some cancers. Physical activity can also improve mental health by reducing depression and anxiety.
According to the Centers for Disease Control and Prevention (CDC), one in four U.S. adults is living with a disability, including 93 million Americans who are at high risk for severe vision loss. Adults with disabilities are more likely to have obesity, heart disease, stroke, diabetes, or cancer than adults without disabilities. Physical activity can reduce the risk and help manage these chronic conditions while improving daily living activities and independence.
The CDC recommends engaging in physical activity outdoors, such as walking, to improve physical and mental health. However, adults with disabilities report fewer accessible environmental supports, such as sidewalks, accessible pedestrian signals, public/paratransit and walkable shops, and more barriers, such as traffic, crime and animals, for walking than those without disabilities.
An alternative to outdoor physical activity is indoor exercise at a gym, fitness facility, or in a person’s home. However, the CDC also found that the inaccessibility of many fitness facilities creates barriers for those with a disability to exercise due to the lack of accessible space, instruction, and equipment.
Call to Action
ACB urges Congress to reintroduce the Exercise and Fitness for All Act on a bipartisan basis in both the House and Senate for the 117th Congress. The Exercise and Fitness for All Act would promote the provision of exercise or fitness equipment, and exercise or fitness classes and instruction, that are accessible to individuals with disabilities. Social isolation due to the COVID-19 pandemic has underscored what ACB and our members already knew – that the lack of access to accessible exercise and fitness equipment and instruction are a persistent barrier to equal access and results in deteriorating physical and mental health.
In the 116th Congress, Sens. Duckworth (D-IL), Casey (D-PA), and Blumenthal (D-CT) introduced the Exercise and Fitness for All Act in the Senate (S. 1244), and Reps. DeSaulnier (D-CA-11) and Young (R-AK-At Large) introduced a companion bill in the House (H.R. 4561). The Exercise and Fitness for All Act would:
- Require the U.S. Access Board to develop and publish guidelines for implementation by the U.S. Department of Justice for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment as described by the American Society of Testing and Materials allowing for the independent use by a person with a disability, including audible output and an accessible user interface;
- Ensure that exercise or fitness classes and instruction offered by the service provider are accessible to individuals with disabilities; and
- Ensure that the service provider makes available at least one employee who is able to assist individuals with disabilities in their use of accessible exercise or fitness equipment.
When meeting with your members of Congress, be sure to share your personal experiences when attempting to use fitness or exercise equipment at public facilities. Share with them what it would mean to you to have equal and independent access to the tools and resources to take charge of your health. And encourage them to support reintroduction of the Exercise and Fitness for All Act.
For more information on this issue, contact Clark Rachfal, ACB’s Director of Advocacy and Governmental Affairs: crachfal@acb.org, (202) 467-5081.
Disability Community Fears Paper Ballot Mandate Will Hurt Voters with Disabilities
WASHINGTON, January 29, 2021 — Today, the undersigned disability organizations issued the following joint statement expressing concerns over a paper ballot mandate.
How ballots are cast in the United States varies depending on what different jurisdictions offer to their voters. Today, most voters in the U.S. cast their ballot by marking a paper ballot by hand or by Ballot-Marking Device (BMD), with some use of Direct Recording Electronic (DRE) voting machines.
Most American voters are familiar with the former, which requires voters to mark, verify and cast a paper-based ballot. BMDs use an electronic interface to aid voters in marking their ballot. Once the voter has made selections with the BMD, the device directly marks on or prints the ballot. The voter then typically verifies and casts the ballot into the same optical (or digital) voting scanner that hand marked paper ballots are cast. BMDs simply increase the accessibility of paper ballots by allowing voters with disabilities to use these accessible voting machines to magnify, ‘voice,’ and mark their ballots. For example, a blind voter cannot privately and independently mark a paper ballot with a pen, however, they can privately and independently mark their ballot using a BMD.
DRE voting systems, on the other hand, allow voters to use an electronic interface to mark, verify and cast their votes electronically with or without a paper back up. Arguably, DREs provide the best option for voting privately and independently for all voters with all types of access needs based on age, disability, language fluency, literacy, and many other individual circumstances, as guaranteed to all voters by the Help America Vote Act and Americans with Disabilities Act. DREs eliminate the need to handle or directly verify a paper ballot, which prevents BMD voting systems from being fully accessible to all eligible voters.
Despite overall reduced paper consumption in many areas of daily life, as a result of technological advancement, paper-based ballot voting options have become the preferred voting system to many who believe mandating the use of paper ballots is necessary to ensure the security of our elections. However, it must be made abundantly clear, that the ability to privately and independently hand mark, verify, and cast a paper ballot is simply not, and will never be, an option for all voters.
Given that paper ballots are already the predominant method of casting a ballot in America today, mandating paper ballots is frankly unnecessary. Additionally, any mandate of a paper-based voting system will inevitably harm voters with disabilities. A paper ballot mandate would: 1) end all voting system innovation and advancement to produce a fully accessible voting system that provides enhanced security without relying on inaccessible paper; 2) limit voters with disabilities’ federal right to privately and independently verify and cast their ballots and; 3) ultimately segregate voters with disabilities.
Further, any paper ballot mandate that entitles voters to a hand marked ballot threatens the availability of BMDs for voters who rely on them to mark their ballots and drastically limits use of BMDs to voters with disabilities. This would result in segregating voters with disabilities away from the entire pool of voters by making them the only group of people that use a particular type of voting machine. Federally mandated segregation is problematic alone, but in practice, it also increases the likelihood that poll workers will not be properly trained on the machine, the machines will not be properly maintained or set up for use, and if the only available BMD is not functioning, there is no alternative option for voters who need it. Limits on BMD use will also saddle poll workers with determining who is “disabled enough” to use the BMD, a decision for which they have no qualifications or legal right. Finally, if the ballot produced by the BMD is not identical to the hand marked ballot or the BMD ballot cannot be scanned and stored with hand marked ballots, the voter’s right to cast a private ballot is violated.
To be clear, no paper ballot voting system today, ready for widespread use, is fully accessible. Even BMDs require voters with disabilities to verify and a cast a paper-based ballot, which does not ensure a private and independent vote. A fully accessible voting system by Federal law must ensure the voter can receive, mark, verify, and cast the ballot without having to handle paper. Most, if not all, market-ready voting systems cannot do this.
Before paper-based voting systems become the law of the land, the harm to voters with disabilities must be addressed.
Signed,
American Association of People with Disabilities
American Council of the Blind
American Foundation for the Blind
American Network of Community Options & Resources
Association of Assistive Technology Act Programs
Association of Programs for Rural Independent Living
Association of University Centers on Disabilities
Autistic Self Advocacy Network
Bazelon Center for Mental Health Law
Disability Rights Education and Defense Fund
National Association of Councils on Developmental Disabilities
National Council on Independent Living
National Disability Rights Network
National Federation of the Blind
Paralyzed Veterans of America
RespectAbility
Self Advocates Becoming Empowered
The Arc of the United States
United Cerebral Palsy
United Spinal Association
Amtrak Accessibility Settlement
Amtrak is accepting claims for monetary compensation for people with mobility disabilities who traveled or wanted to travel from or to one of 78 stations and encountered accessibility issues. Claims must be submitted by May 29, 2021. On December 2, 2020, the Department of Justice and Amtrak entered into an agreement that Amtrak will fix its inaccessible stations and pay $2.25 million to victims hurt by inaccessibility at 78 stations. To read the full press release about the fund, visit https://www.justice.gov/opa/pr/225-million-fund-available-justice-department-settlement-amtrak.
For more information on the ADA or this settlement, visit ADA.gov or call the toll-free ADA Information Line at 1-800-514-0301 (TTY 1-800-514-0383).