Don't Leave Voters with Disabilities Behind in COVID-19 Response

According to a Rutgers University poll, voters with disabilities are 45% more likely to vote by mail than able-bodied voters (29% versus 20%). Vote-by-mail with an electronic ballot delivery option is generally regarded as a win for voters with disabilities. Specifically, electronic ballot delivery allows voters to both receive and fill out their ballot on an electronic device (instead of the traditional delivery of a paper ballot by mail, which cannot be interacted with electronically). For voters with certain mobility and/or sensory impairments, being able to receive and interact with their ballot using their own devices can make the difference between voting and not voting in an election. 

However, problems arise when vote-by-mail methods do not include an electronic ballot delivery option. Traditional vote-by-mail methods suffer from the same accessibility concerns as paper ballots. Citing accessibility concerns, BPC recently warned against a total reliance on paper ballots. For some voters with mobility or visual impairments, reading and marking a paper ballot independently is simply not an option. States that introduce vote-by-mail need to take these concerns into account and ensure that hand-marked paper ballots are not the only options available to voters.

Vote-by-mail’s accessibility concerns continue when ballot return is considered. While electronic-ballot delivery may provide most voters with disabilities equal access to filling out their ballot, even heavy vote-by-mail states like Colorado require voters electing for the electronic-ballot delivery option to print, sign, and mail their completed ballot back. Just like filling out a paper-ballot by hand, if a voter is unable to independently fill out a paper ballot, it is unlikely they will be able to sign and post it as well.

While voters with disabilities tend to favor vote-by-mail methods, not every disability is the same. A truly inclusive vote-by-mail system will need to be considerate of voters with all levels of need.

The National Disability Rights Network published a list of policy recommendations for maintaining accessibility during the COVID-19 pandemic. Here are a few of their suggestions for voting by mail:

• Allow voters to electronically receive and mark their ballot.
• Where possible, maintain some in-person voting options. States should keep some in-person voting options available for both voters with disabilities and those for whom vote-by-mail may not be an option.
• In-person voting options should include curbside voting. To help reduce exposure and accessibility for mobility-restricted individuals, all in-person voting options should include a curbside voting option.
• Allow the voter or the voter’s designee to drop their ballot off at any polling place or elections office. As mentioned, printing, signing, and mailing a ballot may not be an option for some voters with disabilities. Allowing such voters to designate a friend, colleague, family, or community member to return their ballot instead would help ensure that the election is fully accessible.
• Relax requirements surrounding witnessed or notarized signatures.

BPC also recommends that states expand curing options. “Curing” is the process by which states and localities address signature inconsistencies on mailed ballots. Given that one of the major barriers faced by voters with disabilities is signing ballots by hand, having a well-developed curing process in place could help remedy any signature inconsistencies that result from disability.

Many states don’t have a curing process in place, and others have only loose guidelines. States should ensure that a clear curing policy is in place and that all voters can address inconsistencies in their ballot before it is discarded. Alternatives to signatures include a personal identification card number or the last four digits of one’s social security number.

Some of these recommendations will be easier to implement on short timelines than others. For example, electronic ballot return and curbside voting work well for voters with disabilities in large part because the percentage of voters accessing these options is small. As states open some options that voters with disabilities have used for years to all voters, there are real questions about states’ abilities to scale up these procedures.

Electronic ballot delivery and curbside voting can be resource intensive for election administrators to provide: Will voters with disabilities be able to access these options if the process is swamped by an influx of voters choosing to cast their ballots this way? While this remains to be seen, states must act now to ensure that voters with disabilities are not left by the wayside this election season.

Last month, BPC argued that states should use security upgrades as an opportunity to expand accessibility. The same is true now—election administration in the United States has been upended by COVID-19. We are seeing everything from social-distancing at polling places to election postponements to entirely vote-by-mail elections.

Election policy is in flux, and we should take this opportunity to ensure that voters with disabilities have full and equal access to the ballot.