Survey of State Statutes Affecting Voting by the Physically Handicapped

Report No. 83-1L4 A 775199 NORTHERN KENTUCKY UNIVERSITY LIBRARY SURVEY OF STATE STATUTES AFFECTING VOTING BY THE PHYSICALLY HANDICAPPED by Rita Ann Reimer Legislative Attorney American Law Division Updated by M. Ann Wolfe Carolyn Fletcher Legislative Research Assistants COMPLIMENTS OF Gene Snyder May 30, 1983 Updated J u l p 8, 1983 The Congressional Research Service works exclusively for the Congress, conducting research, analyzing legislation, and providing information at the request of committees, Members. and their staffs. The Service makes such research available, without partisan bias, in many forms including studies, reports, compilations, digests, and background briefings. Upon request, CRS assists committees in analyzing legislative proposals and issues, and in assessing the possible effects of these proposals and their alternatives. The Service's senior specialists and subject analysts are also available for personal consultations in their respective fields of expertise. ABSTKXZ L' This report s m m a r i z e s State statutory p r o v i s i o n s relatinq t:, v o t i , ~ qby the physically handicapped in such areas a s a b s . ~ t e e v o t i n g , v o t e r rc:i , t r a ? f , : n , curbside voting, accessible polling places, and assistance at the p ~ P l s . 4 comprehensive introduction/overview is also included; this sumlnarizes consti*x~tional and other legal questions in the area. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PRESENT APPROACHES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Absentee Voting .................................................. Registration Procedures .................................*.*... . F Curbside Voting ................................................. o Accessible Polling Places ....................................... Q . VOTING BY THE MENTALLY HANDICAPPED ................................... 1 1 FEDERAL LEGISLATION .................................................. 1 3 ......................................................... 1 4 Introduction.................................................... 1 4 Alabama ......................................................... 1 5 Alaska .......................................................... 16 Arizona ......................................................... 17 Arkansas ........................................................ 1 8 California ...................................................... 1 9 STATE SURVEY ........................................................ ..................................................... ........................................................ Colorado 20 Connecticut 21 Delaware 22 District of Columbia 23 Florida 24 Georgia 25 Hawaii 27 Idaho 28 Illinois 29 Indiana 30 Iowa 31 Kansas 32 Kentucky 33 Louisiana 34 Maine ........................................................... 36 Maryland 38 Massachusetts ................................................... 39 Michigan 40 Minnesota .......................................................4 1 Mississippi .....................................................4 2 Missouri ........................................................4 3 Montana .........................................................44 Nebraska ........................................................4 5 Nevada ..........................................................46 New Hampshire 47 New Jersey ......................................................48 New Mexico .....................................................4 9 New York ........................................................5 0 North Carolina .................................................. 5 2 North Dakota 53 ............................................ ......................................................... ......................................................... ........................................................ ........................................................... ........................................................ ......................................................... ............................................................ .......................................................... ........................................................ ....................................................... ........................................................ ........................................................ ................................................... .................................................... TABLE O F C3Nr9NrrS (CONTINUED) .Jhio ............................................................ ........................................................ 9klaho.aa Oregon Pennsylvania Rhode I s l a n d South Carolina S o u t h Dakota Tennessee Texas Utah Vermont Virginia Washington West V i r g i n i a 7lisconsin Wyoming .......................................................... .................................................... .................................................... .................................................. .................................................... ....................................................... ........................................................... ............................................................ ......................................................... ........................................................ ...................................................... ................................................... ....................................................... ......................................................... SUKVEY OF STATE STATUTES AFFECTING VOTING BY TiIE PHYSICALLY HANDICAPPED INTRODUCTION The r i g h t t o v o t e f r e e l y f o r c a n d i d a t e s of o n e ' s c h o i c e i s one of t h e z s s t fundamental r i g h t s g u a r a n t e e d by t h e C o n s t i t u t i o n . However, f o r t h e n a t i o n ' s handicapped v o t e r s , t h i s r i g h t c a n be d i f f i c u l t i f n o t i m p o s s i b l e t o e x e r c i s e . A P h i l a d e l p h i a o r g a n i z a t i o n m r k i n g on b e h a l f of t h e d i s a b l e d h a s e s t i m a t e d t h a t t h e r e a r e 3 0 0 , 0 0 0 p o t e n t i a l l y r e g i s t e r e d handicapped v o t e r s i n t h a t a r e a a l o n e , i n a d d i t i o n t o t h e number o f r e g i s t e r e d v o t e r s who a r e u n a b l e t o e f f e c tively cast their ballots. 11 - A l l S t a t e s p e r m i t p h y s i c a l l y handicapped v o t e r s t o v o t e by a b s e n t e e b a l l o t . However, i t c a n be a r g u e d t h a t t h i s i n and of i t s e l f i s n o t s u f f i c i e n t t o guar a n t e e d i s a b l e d v o t e r s ' r i g h t s , s i n c e p r o c e d u r e s f o r a b s e n t e e v o t i n g can a l s o p r e s e n t d i f f i c u l t i e s f o r t h e h a n d i c a p p e d , and i n nany S t a t e s a b s e n t e e b a l l o t s must b e c a s t so e a r l y t h a t l a s t - m i n u t e decisions a r e impossible. Following a May 1973 g e n e r a l m u n i c i p a l e l e c t i o n i n Los A n g e l e s , C a l i f o r n i a , a p h y s i c a l l y handicapped v o t e r and s e v e r a l o r g a n i z a t i o n s b r o u g h t a c l a s s a c t i o n under t h e F e d e r a l C i v i l R i g h t s Act ( 4 2 U.S.C. 5 1983) a g a i n s t t h e Los A n g e l e s C i t y C o u n c i l t o e n j o i n c i t y e l e c t i o n o f f i c i a l s from l o c a t i n g p o l l i n g p l a c e s i n s t r u c t u r e s c o n t a i n i n g " a r c h i t e c t u r a l b a r r i e r s " which hamper v o t i n g by t h e h a n d i capped. Selph v. C o u n c i l of t h e C i t y o f Los A n g e l e s , 330 F. S u p p . 58 (C.3. p p 1975). 11 Vol. The p l a i n t i f f , who was c o n f i n e d t o a w h e e l c h a i r , r e f u s e d o f f e r s t h a t "The Voice of t h e People: 3 (Mar. 1 9 7 6 ) , p. 1 2 . i, NO. S e l e c t i v e l y Heard a t t h e P o l l s ? " Amicus, Cal. CRS- 2 s h e be c a r r i e d i n t o t h e p o l l i n g p l a c e (which was i n a c c e s s i b l e t o w h e e l c h a i r s ) , t h a t h e r personal r e p r e s e n t a t i v e o b t a i n an absentee b a l l o t f o r her t o c a s t a t t h e p o l l i n g p l a c e , o r t h a t she c a s t h e r b a l l o t i n person a t the C i t y C l e r k ' s O f f i c e i n t h e C i t y H a l l (which was w h e e l c h a i r a c c e s s i b l e ) - - b o t h permissible o p t i o n s under t h e a p p l i c a b l e o r d i n a n c e s . The p l a i n t i f f s d i d n o t contend t h a t t h e p h y s i c a l l y handicapped a r e t o t a l l y denied t h e f r a n c h i s e because they a r e unable t o e n t e r t h e p o l l s . a l l e g e d t h a t t h e o p t i o n s a v a i l a b l e t o them a r e i n a d e q u a t e . Rather, they They a r g u e d t h a t v o t i n g by a b s e n t e e b a l l o t i s n o t a n a c c e p t a b l e s u b s t i t u t e b e c a u s e , a s n o t e d , i t does n o t a l l o w t h e chance t o o b t a i n l a s t minute i n f o r m a t i o n about t h e c a n d i d a t e s and i s s u e s ; and a l s o i t i s u n a v a i l a b l e i n many l o c a t i o n s u n l e s s r e q u e s t e d a t l e a s t f i v e d a y s p r i o r t o t h e d a t e of t h e e l e c t i o n , which e l i m i n a t e s i t s u s e when t h e d i s a b l e d p e r s o n d o e s n o t d i s c o v e r t h e i n a c c e s s i b i l i t y of h i s o r h e r ~ o l l i n gp l a c e u n t i l e l e c t i o n d a y . I n r e s p o n s e , t h e d e f e n d a n t s p o i n t e d o u t t h a t t h e y had t o p r o v i d e some 3800 p o l l i n g p l a c e s i n o r d e r t o a d e q u a t e l y c o v e r t h e e n t i r e C i t y o f Los A n g e l e s , and t h e y had t o comply w i t h a r e q u i r e m e n t t h a t t h e p o l l s b e p l a c e d a s n e a r a s possible t o the e l e c t o r a t e they serve. While e v e r y e f f o r t i s made t o u t i l i z e p u b l i c b u i l d i n g s a s much a s p o s s i b l e , i n t h e e l e c t i o n i n q u e s t i o n a p p r o x i m a t e l y 6 5 % of t h e p o l l i n g p l a c e s had t o be p l a c e d i n p r i v a t e r e s i d e n c e s . Approximately 100 of t h e s e were p l a c e d i n r e s i d e n t i a l g a r a g e s which were w h e e l c h a i r a c c e s s i b l e ; however, t h e s e p r e s e n t g r e a t problems b e c a u s e t h e d o o r s must remain open a t a l l t i m e s , i n a d e q u a t e i n t e r i o r l i g h t i n g hampers t h e work of t h e s t a f f , and memb e r s of t h e E l e c t i o n Board a r e g e n e r a l l y r e l u c t a n t t o spend up t o 18 h o u r s on e l e c t i o n day working where no h e a t o r comfort f a c i l i t i e s a r e a v a i l a b l e . A f t e r weighing a l l t h e s e arguments, t h e c o u r t r u l e d f o r t h e d e f e n d a n t s , h o l d i n g t h a t , a l t h o u g h a handicapped p e r s o n h a s a c o n s t i t u t i o n a l r i g h t t o v o t e , w i t h i n t h e c i t y so a s t o e l i m i n a t e a r c h i t e c t u r a l b a r r i e r s . "' I< t h e c o s t o f u n d e r t a k i n g s u c h a p r o j e c t w u l d be a n u n i < i i r e x L , i (1 , i amounts of money i n o r d e r t o b e n e f i t a small segment of t h e t o t a l :y even assuming t h a t t h e c i t y had t h e a b i l i t y o r t h e r i g h t t o m n t i i f y owned b u i l d i n g s . A l s o , t h e p l a i n t i f f s ' demands mulct c a l l f o r t h e i -Ic?? ; * . I : - 1 1 - d i f ~ -a *i s ) - of many p o l l i n g p l a c e s i n p r e c i n c t s where no d i s a b l e d p e r s o n s l i v e d . In r e a c h i n g t h i s c o n c l u s i o n , t h e c o u r t r e j e c t e d t h e p l a i n t i f f s ' c o n t c n ' i i n n t h a t t h e s t a t u t e s h o u l d be s u b j e c t t o " s t r i c t s c r u t i n y " and t h u s upheld under t h e Equal P r o t e c t i o n c l a u s e of t h e 1 4 t h Amendment o n l y i f C a l i f o r n i a c o u l d d e a l o n s t r a t e a c o m p e l l i n g s t a t e i n t e r e s t i n i t s enactment. Rather, they c i t e d precedents which i n d i c a t e t h a t n o t e v e r y l i m i t a t i o n o r i n c i d e n t a l burden on t h e e x e r c i s e 2/ of v o t i n g r i g h t s i s s u b j e c t t o t h i s s t r i n g e n t s t a n d a r d of r e v i e w , and h e l d t h a t t h e l e s s s t r i n g e n t r a t i o n a l r e l a t i o n s h i p t e s t was t h e p r o p e r s t a n d a r d (i.e., t h e s t a t u t e would be upheld i f i t had a r a t i o n a l r e l a t i o n s h i p t o a pro- per s t a t e o b j e c t i v e ) . Here t h e r i g h t t o v o t e was n o t t o t a l l y d e n i e d t o physi- c a l l y handicapped p e r s o n s and t h e r e were r e a s o n a b l e a l t e r n a t i v e s provided t o t h o s e who found t h a t t h e i r p o l l i n g p l a c e w s i n a c c e s s i b l e : In t h e c a s e a t b a r t h e C i t y Council h a s provided t h e mechanism of t h e a b s e n t e e b a l l o t i n a n a t t e m p t t o p r o v i d e a s a t i s f a c t o r y s o l u t i o n t o t h e problems f a c e d by d i s a b l e d p e r s o n s i n v o t i n g . While t h i s s o l u t i o n may n o t be t h e i d e a l as e n v i s i o n e d by p l a i n t i f f and h e r c l a s s , i t i s a n a t t e m p t a t r e f o r m and d o e s a s s u r e p l a i n t i f f s of t h e r i g h t t o vote. T h i s a p p r o a c h c a n be s e e n a s a r a t i o n a l a l t e r n a t i v e t o t h e l e g i t i m a t e s t a t e purpose of minimizing t h e 2 / McDonald v. Board of E l e c t i o n Commissioners of C h i c a g o , 394 U.S. 802 (1969y ( I l l i n o i s a b s e n t e e v o t i n g l a w d i d n o t v i o l a t e t h e Equal P r o t e c t i o n c l a u s e by f a i l i n g t o p r o v i d e c o v e r a g e f o r p r e t r i a l j a i l i n m a t e s w h i l e i n c l u d i n g v o t e r s u n a b l e t o go t o t h e p o l l s because of p h y s i c a l i n c a p a c i t y ) ; B u l l o c k v. C a r t e r , 405 U. S. 134 (1972) ( " s t r i c t s c r u t i n y " s t a n d a r d a p p l i e d t o T e x a s f i l i n g f e e s t a t u t e because f e e s were of such magnitude a s t o p r e c l u d e numerous q u a l i f i e d c a n d i d a t e s from f i l i n g f o r o f f i c e ) . See 390 F. Supp. a t 61. high cost and substantial administrative effort involved in providing more than 3800 accessible polling places. 390 F. Supp. at 61. The court went on to note that, during the trial, several suggestions had been offered short of modifying all of the polling places. For example, it was suggested that several centrally located, accessible polling places be established for use by the handicapped. Another suggestion involved changing the [California] law which forbids the removal of voting materials from the polling 3/ place to allow the handicapped to vote outside if access is physically barred. Another possible solution would be to allow the absentee ballot to be handed to the election official at the handicapped voter's polling place, rather than returned by mail. All of these suggestions would involve a minimal expenditure of ~ublicfunds while insuring that the disabled person had access to all last minute information. The court said that the suggestions were not intended to be exhaustive or to be put forward as the only practical solution, but rather to show that reasonable alternatives are available at a minimum amount of effort and expenditure. The Los Angeles City Council would be well advised to consider the problems dealt with by the case; however, it was a legislative matter and not one for judicial involvement. Id. - at 62. A case which reached a similar result on a related facet of voting by the handicapped is Smith v. Dunn, 381 F. Supp. 822 (M.D. Tenn. 1974). All states i~avemade provision for handicapped voters to receive assistance at the polls; however, who may provide the necessary assistance varies from State to State. In some jurisdictions, such voters may only be assisted by specified election ~ificials ( e . g . , District of Columbia Code 5 1-1109-(f)), while in others any per- son selected by the voter may so assist (e.g., New Jersey Statutes, 31 California now permits this (California Elections Code, generally under "curbside voting," infra. § §§ 119:50-3, 14234); see l9:52-i). Some S t a t e s d i f f e r e n t i a t e between b l i n d .:1J otiierwi se handl d p p t ,. v o t e r s , p e r m i t t i n g b l i n d v o t e r s t o be a s s i s t e d by persoyls of the ;r l i m i t i n g o t h e r s t o a s s i s t a n c e from e l e c t i o n o f f i c i a l s ( e . g . , 2-a-";s.1- § 3-2-3-1). There i s much v a r i a t i o n i n t h i s area--some States a s s i s t a n c e t o be provided by s p e c i f i e d r e l a t i v e s , o t h e r s by a 4/ election d i s t r i c t , e t c . Smith v. Dunn i n v o l v e d former $ 2-716 of t h e Tennessee Code, which s t a b e d t h a t b l i n d e l e c t o r s c o u l d r e c e i v e a s s i s t a n c e o n l y from s p e c i f i e d r e l a t i v e s o r e l e c t i o n j u d g e s of t h e i r c h o i c e , i n t h e p r e s e n c e of e l e c t i o n j u d g e s o r o t h e r o f f i c i a l s of t h e o t h e r p o l i t i c a l p a r t y . The p l a i n t i f f s , b l i n d e l e c t o r s a n d o r g a n i z a t i o n s s u p p o r t i n g them, a s k e d t h a t t h i s s t a t u t e be d e c l a r e d u n c o n s t i t u t i o n a l u n d e r 42 U.S.C. $ 1983, t h e F e d e r a l C i v i l R i g h t s A c t , and t h a t t h e c o u r t r e i n s t a t e former Code $ 2-1226, which had p e r m i t t e d a s s i s t a n c e by "any r e p u t a b l e person of t h e v o t e r ' s s e l e c t i o n . " The p l a i n t i f f s s a i d t h a t t h e l a n g u a g e i n ques- t i o n v i o l a t e d b l i n d v o t e r s ' r i g h t t o c a s t a s e c r e t b a l l o t a s w e l l as t h e 1 4 t h a n d 15th Amendments . As i n S e l p h , t h e c o u r t b a l a n c e d t h e v o t e r s ' r i g h t s a g a i n s t t h e s t a t e int e r e s t i n m a i n t a i n i n g t h e i n t e g r i t y of t h e e l e c t o r a l p r o c e s s , and found t h e regulation rationally related t o a legitimate State interest. Also, as i n Selph, t h e y s a i d t h i s was a m a t t e r f o r l e g i s l a t i v e r a t h e r t h a n j u d i c i a l d e t e r m i n a t i o n : The S t a t e j u s t i f i e s t h e new l e g i s l a t i o n a s b e i n g a r e a s o n a b l e r e g u l a t i o n e n a c t e d t o s e c u r e t h e freedom of e l e c t i o n s and t h e p u r i t y of t h e b a l l o t box. F e a r s v o i c e d i n s u p p o r t of t h e more s t r i n g e n t c o n t r o l of d i s a b l e d v o t e r a s s i s t a n c e r e l a t e t o t h e p o s s i b i l i t y , p a r t i c u l a r l y r i p e i n t h e c a s e of t h e blind o r i l l i t e r a t e , t h a t those rendering a s s i s t a n c e w i l l n o t mark t h e v o t e r ' s b a l l o t i n t h e bay i n s t r u c t e d . The S t a t e ' s g o a l i s t o p r e s e r v e t h e i n t e g r i t y of t h e e l e c t i o n p r o c e s s , a n d , a l o n g w i t h t h e Tennessee l e g i s l a t u r e , w e have no d o u b t t h a t l o o s e l y s u p e r v i s e d v o t e r a s s i s t a n c e can open t h e d o o r .- 41 See s u r v e y of S t a t e s t a t u t e s , i n f r a , f o r d e t a i l s . - to fraudulent voting practices. Whether the potential for voting fraud is sufficiently great to demand the restrictions challenged here is a legislative, not judicial function. Grounds can certainly be conceived to justify the State's fears in this regard, and we are unable to conclude that the statute in question is not rationally related to the State's goal of election integrity. 381 F. Supp. at 826. The Tennessee legislature subsequently re-amended the statute as requested by the Smith plaintiffs; current Code 5 2-7-116 provides that each blind elector may receive assistance from any person of his or her selection. There are very few decided cases in this area. Selph cites language from Whalen v. Heimann, 373 F. Supp. 353 (D. Conn. 1974), to the effect that: A physically incapacitated voter has no more basis to challenge a voting requirement of personal appearance than a blind voter can complain that the ballot is not printed in braille. Nor is it the province of a Court to weigh the relative ease or difficulty with which the State could accommodate its voting procedures to meet the ends of various handicapped voters. These are policy questions to be resolved by the legislators. Id. at 357, cited at 390 F. Supp. 61-62. However, Whalen involved absentee voting in a municipal referendum, the above language is dicta, and no cases are cited in its support. Thus, available information indicates that a State need not provide totally comparable treatment for handicapped and non-handicapped voters, so long as the discrimination is not extreme and it bears a rational relationship to a legitimate State interest. While in extreme instances of discrimination, courts may be willing to apply the more stringent "strict scrutiny" test, it does not appear they will be receptive to the idea of requiring totally equal access to the polls and the ballot under all conditions. CRS- 7 PRESENT APPROACHES Absentee Voting A l l S t a t e s permit t h e handicapped t o v o t e by a b s e n t e e b a l l o t . However, i n a d d i t i o n t o t h e problem of e a r l y v o t i n g d e a d l i n e s d i s c u s s e d i n S e l p h , t h e r e -- a r e a l s o impediments per s e i n many S t a t e s t o c a s t i n g an a b s e n t e e b a l l o t . These i n c l u d e a requirement t h a t t h e v o t e r provide a d o c t o r ' s c e r t i f i c a t e w i t h h i s o r h e r a p p l i c a t i o n and/or a requirement t h a t t h e a b s e n t e e b a l l o t be n o t a r i z e d . Most handicapped v o t e r s would presumably have l i t t l e d i f f i c u l t y i n h a v i n g a physician t e s t i f y a s t o t h e i r d i s a b i l i t y . The problems a r i s e i n c o n n e c t i o n w i t h o b t a i n i n g t h e p r o p e r form, having i t f i l l e d out and r e t u r n e d b e f o r e t h e deadline. S i m i l a r l y , a handicapped v o t e r who f i n d s i t d i f f i c u l t o r i m p o s s i b l e t o g e t t o t h e p o l l s on e l e c t i o n day may f i n d i t e q u a l l y d i f f i c u l t t o go t o a n o t a r y t o have h i s o r h e r a b s e n t e e b a l l o t n o t a r i z e d . I n a l l of t h e f o l l o w i n g l i s t i n g s , c i t a t i o n s t o t h e a p p l i c a b l e s t a t u t e s can be found i n t h e accompanying s t a t e survey. The t e x t s of p e r t i n e n t s t a t u t e s should be c o n s u l t e d i f a d d i t i o n a l i n f o r m a t i o n i s r e q u i r e d . The f o l l o w i n g S t a t e s r e q u i r e d o c t o r ' s c e r t i f i c a t e s from handicapped v o t e r s before issuing t h e i r absentee b a l l o t s : Alaska ( c e r t a i n c i r c u m s t a n c e s ) , Delaware, I l l i n o i s (once every f i v e y e a r s f o r whose w i t h d i s a b l e d v o t e r ' s c a r d s ) , I n d i a n a ) Kentucky (once i s s u f f i c i e n t ) , L o u i s i a n a (once e v e r y f i v e y e a r s f o r permanently d i s a b l e d v o t e r s ) , Massachusetts (once i s s u f f i c i e n t f o r permanently d i s a b l e d v o t e r s ) , Nevada, New York (permanently d i s a b l e d l i s t i n g o n l y ) , North C a r o l i n a ( c e r t a i n c i r c u m s t a n c e s ) , Pennsylvania ( c e r t a i n c i r c u m s t a n c e s ) , Rhode I s l a n d ( t h o s e a p p l y i n g f o r emergency d i s a b l e d b a l l o t s ) , Tennessee ( ~ e r m a n e n t ld~i s abled v o t e r s ) , Vermont (permanently d i s a b l e d v o t e r s o n l y ) , and West V i r g i n i a (one c e r t i f i c a t e i s s u f f i c i e n t f o r permanently d i s a b l e d v o t e r s ) . The f o l l o w i a g S t a t e s r e q u i r e t h a t a b s e n t e e b a l l o t s be n o t a r i z e d ( o c c a s i o n a l l y some o t h e r form of a t t e s t a t i o n i s p e r m i s s i b l e ; s e e accompanying s u r v e y ) : Alabama ( o r two w i t n e s s e s ) ; Alaska ( " a t t e s t i n g w i t n e s s " ) ; Arizona; Colorado; Delaware; F l o r i d a ( o r two w i t n e s s e s ) ; Georgia ( d i s a b l e d v o t e r , v o t i n g o u t s i d e of own c o u n t y ) ; I l l i n o i s (except f o r those holding d i s a b l e d v o t e r s ' i d e n t i f i c a t i o n c a r d s ) ; I n d i a n a ( b u t a b s e n t v o t e r s ' board comes t o t h e p l a c e of c o n f i n e m e n t ) ; Iowa ( a b s e n t v o t e r s' board comes t o p l a c e of c o n f i n e m e n t ) ; Maine; M a s s a c h u s e t t s ( p e r m a n e n t l y d i s a b l e d v o t e r s a r e exempt from t h i s r e q u i r e m e n t ) ; Minnesota ( o r e l i g i b l e v o t e r ) ; M i s s i s s i p p i ( b u t d i s a b l e d v o t e r s need n o t use t h e c o u n t y r e g i s t r a r , a s must o t h e r a b s e n t e e v o t e r s ) ; M i s s o u r i ( b u t b a l l o t t a k e n t o c o n f i n e d v o t e r ) ; Nebraska; New t Mexico; North C a r o l i n a ; Oklahoma; Rhode I s l a n d ( o r t WJ r e g i s t e r e d Rhode I s l a n d v o t e r s ) ; South Dakota; Tennessee; Wisconsin ( o r two w i t n e s s e s ) ; and Wyoming. R e g i s t r a t i o n Procedure Whether o r n o t a p o l l i n g p l a c e i s a c c e s s i b l e makes no d i f f e r e n c e t o a handicapped v o t e r i f he o r she i s u n a b l e to r e g i s t e r t o v o t e . A s w i t h v o t i n g , no pro- c e d u r e i s t o t a l l y s a t i s f a c t o r y ; however, m a i l r e g i s t r a t i o n ( e s p e c i a l l y where t h e r e g i s t r a t i o n form may a l s o be r e q u e s t e d by m a i l ) and r e g i s t r a t i o n a t t h e p o l l i n g p l a c e , f o r t h o s e v o t e r s a b l e t o v o t e a t t h e p o l l i n g p l a c e , t a k e c a r e of a t least some of t h e problems. North Dakota d o e s n o t r e q u i r e v o t e r r e g i s t r a t i o n and, i n Idaho, ill o r d i s a b l e d v o t e r s a r e r e g i s t e r e d a t t h e i r p l a c e of abode. Of t h e r e m a i n i n g S t a t e s , m a i l r e g - i s t r a t i o n i s p e r m i t t e d i n Alaska, C a l i f o r n i a , Colorado ( i l l o r d i s a b l e d v o t e r s ) , C o n n e c t i c u t (permanently d i s a b l e d v o t e r s ) , Delaware, t h e D i s t r i c t of Columbia, F l o r i d a ( d i s a b l e d v o t e r s ) , Georgia ( t h o s e q u a l i f i e d t o v o t e by a b s e n t e e b a l l o t ) , Idaho, I n d i a n a ( i l l o r d i s a b l e d v o t e r s ) , Iowa, Kansas, Kentucky, Maine, Maryland, M a s s a c h u s e t t s ( p h y s i c a l l y d i s a b l e d v o t e r s ) , Michigan ( d i s a b l e d v o t e r s ) , finneso t a , M i s s o u r i ( i l l and d i s a b l e d v o t e r s ) , Montana, Nebraska ( d i s a b l e d v o t e r s ) , New Hampshire ( d i s a b l e d v o t e r s ) , New J e r s e y , New York, Ohio, Oregon, Pennsylvania, Rhode I s l a n d ( s h u t - i n v o t e r s ) , South C a r o l i n a ( i l l o r d i s a b l e d v o t e r s ) , Tennessee, Texas, Utah, West V i r g i n a , Wisconsin, and Wyoming ( d i s a b l e d v o t e r s ) . Registration a t t h e p o l l i n g p l a c e i s permitted i n Maine, Minnesota, and Wisconsin. Curbs i d e Voting Curbside v o t i n g i s t h e procedure whereby, i f a v o t e r i s unable t o e n t e r t h e p o l l i n g p l a c e , t h e b a l l o t i s brought o u t s i d e t h e p o l l i n g p l a c e ( t o t h e c u r b i f t h e v o t e r i s unable t o l e a v e h i s o r h e r c a r , e t c . ) and t h e n r e t u r n e d t o t h e b a l l o t box. I t h e l p s t o g i v e handicapped v o t e r s a sense of a c t i v e l y p a r t i c i p a t - ing i n t h e e l e c t o r a l process and a l l o w s them t o make l a s t - m i n u t e v o t i n g changes - a s d i s c u s s e d i n Selph. A t t h e p r e s e n t time, c u r b s i d e v o t i n g i s p r o h i b i t e d o u t r i g h t i n West V i r g i n i a . Some form of i t i s p e r m i t t e d i n C a l i f o r n i a , Hawaii, Idaho, Iowa, Kansas, Minnesota, ~ i s s o u r i ,Montana, Nebraska, North C a r o l i n a , Ohio, Oklahoma, Oregon, Texas, Utah, Vermont, V i r g i n i a , and Wisconsin. Accessible P o l l i n g Place,s F u l l y a c c e s s i b l e p o l l i n g p l a c e s a r e t h e g o a l of many handicapped i n d i v i d u a l s and o r g a n i z a t i o n s working i n t h e i r b e h a l f . B a s i c a l l y t h i s i n v o l v e s removing a r c h i t e c t u a l b a r r i e r s , such a s s t e p s , which make many p r e s e n t p o l l i n g p l a c e s i n a c c e s s i b l e t o t h e handicapped. The c o u n t e r argument i s t h a t t h i s i s s o c o s t l y a s t o preclude i t s being implemented, a t l e a s t area-wide, and r e a s o n a b l e a l t e r - -- n a t i v e s , such a s c u r b s i d e v o t i n g , should be considered ( s e e S e l p h , s u p r a ) . The following S t a t e survey n o t e s only t h o s e S t a t e s which s p e c i f i c a l l y provide f o r accessible polling places. Other S t a t e s may have r e q u i r e m e n t s t h a t p u b l i c b u i l d i n g s be made a c c e s s i b l e , and p o l l i n g p l a c e s l o c a t e d i n such b u i l d i n g s would of c o u r s e be a c c e s s i b l e a s w e l l . However, i t would be h i g h l y unusual f o r a l l p o l l i n g p l a c e s t o be l o c a t e d i n p u b l i c b u i l d i n g s . A l s o , many S t a t e s t a t u t e s on a c c e s s i b i l i t y have q u a l i f y i r l g l a n g u a g e , s u c h a s "whenever p o s s i b l e , " e t c . ( s e e accompanying s u r v e y f o r d e t a i l s ) . A t t h e p r e s e n t t i m e , t h e f o l l o w i n g S t a t e s r e q u i r e some form of s t r u c t s r a l a c c e s s i b i l i t y f o r polling places: Arkansas, C a l i f o r n i a , Colorado, C o n n e c t i c u t , F l o r i d a , Georgia, Idaho, I n d i a n a , Iowa, Kansas, Kentucky, L o u i s i a n a (handicapped v o t e r s may u s e a l t e r n a t i v e p o l l i n g @ a c e s i f t h e i r own i s n o t a c c e s s i b l e ) , Maine, Maryland, Minnesota, Nebraska, New J e r s e y , New York, North Dakota, Ohio, Oregon, Vermont, Washington, and Wisconsin ( o n l y where no c u r b s i d e v o t i n g i s available). VOTING BY THE MENTALLY HANDICAP?ED Although a l l S t a t e s permit p h y s i c a l l y handicapped v o t e r s t o p a r t i c i p a t e i n t h e e l e c t o r a l p r o c e s s , a l b e i t under t h e r e s t r i c t i o n s d i s c u s s e d above, t h e same i s n o t t r u e f o r t h e m e n t a l l y handicapped. Only Rhode I s l a n d a p p e a r s t o have a s t a t u t e which, on i t s f a c e , permits m e n t a l l y d i s a b l e d persons t o v o t e . 51 - Most S t a t e s , on t h e c o n t r a r y , p r o h i b i t v o t i n g by t h o s e a d j u d i c a t e d m e n t a l l y incompetent, t h o s e of unsound mind, e t c . However, t m r e c e n t d e c i s i o n s i n d i c a t e t h a t such d e t e r m i n a t i o n s must be made on a case-by-case d i s q u a l i f i c a t i o n s a r e permissible. b a s i s and t h a t no b l a n k e t 6/ - Boyd v. Board of R e g i s t r a r s of V o t e r s of Belchertown, 368 Mass. 631, 334 N.E.2d 629 (1975) involved a p r o v i s i o n of t h e Massachusetts C o n s t i t u t i o n (Const. Amend. Art. 3) which p r o h i b i t s "persons under g u a r d i a n s h i p " from v o t i n g i n e l e c tions. The c a s e held t h a t r e s i d e n t s of a S t a t e - o p e r a t e d f a c i l i t y f o r t h e m e n t a l l y r e t a r d e d who had n o t been a d j u d i c a t e d incompetent o r placed under g u a r d i a n s h i p i n accordance with e s t a b l i s h e d s t a t u t o r y procedures were n o t t o be c o n s i d e r e d "under guardianship" f o r v o t i n g purposes and could n o t be precluded from r e g i s t e r i n g t o v o t e s o l e l y because of t h e i r r e s i d e n c e a t t h e f a c i l i t y . Cobb, 139 N . J . There i s a l s o a New J e r s e y c a s e , C a r r o l l v . - Super. 439, 354 A.2d 355 (1975), which s t a t e s i n d i c t a t h a t m e n t a l l y r e t a r d e d persons a r e n o t n e c e s s a r i l y " i d i o t s " and m e n t a l l y ill persons a r e n o t n e c e s s a r i l y "insane" f o r v o t e r r e g i s t r a t i o n purposes. ( S e c t i o n 19:4-1 of t h e New J e r s e y S t a t u t e s s t a t e s t h a t no person s h a l l have t h e r i g h t of s u f f r a g e "who i s an i d i o t o r i s 5/ S e c t i o n s 17-20-1 and 17-20-2 of t h e Rhode I s l a n d General Laws permit a b s e n t e e v o t i n g by an e l e c t o r who, because of i l l n e s s o r p h y s i c a l o r mental d i s a b i l i t y , i s unable t o v o t e i n person. 61 See g e n e r a l l y , "Voting R i g h t s of Persons Mentally I n c a p a c i t a t e d , " 80 A . L . R T 1116 ~ ~ ~ (1977). CRS-16 ALASKA Source: Alaska Statutes Annotated, Dec. 1976 main volume, 1980 Cumulative --Supplenent, 1981 Alaska Session Laws and 1982 Advance Legislative Service. Who May Vote by Absentee Ballot: A qualified voter who is unable to be present at the polls because of physical disability (see. 15.20.010(2)). Doctor's Certificate Required: Yes (alternative: statement signed by two qualified voters attesting to physical disability), if voter has requested ballot through a personal representative (sec. 15.20.120). Notarization of Absentee Ballots: Must be signed by an a notary public or other specified official or "attesting witness" who is at least eighteen years of age (see. 15.20.150 and 15.20.081). Mail Registration: Yes (sec. 15.07.050 and 15.07.070). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By a judge, a person, or not more than two persons of the voter's choice (generally, sec. 15.15.240); by election judges and clerks (voting machines, sec. 15.20.350). Structural Accessibility of Polling Places: No provisions were found. Source: Arizona Revised S t a t u t e s Annotated, 1975 main volume, 1982-1983 Cumul a t i v e Pocket Part, and Arizona L e g i s l a t i v e S e r v i c e 1983. Any e l e c t o r who i s p h y s i c a l l y u n a b l e t o Who May Vote by Absentee B a l l o t : go t o t h e p o l l s ; any e l e c t o r who i s l e g a l l y b l i n d ( s e c . 16-541). D o c t o r ' s C e r t i f i c a t e Required: No p r o v i s i o n s were found. N o t a r i z a t i o n of Absentee B a l l o t s : Mail R e g i s t r a t i o n : No p r o v i s i o n s were found. R e g i s t r a t i o n a t P o l l i n g Places: Curbside Voting: Yes ( s e c . 16-544). No p r o v i s i o n s were found. No p r o v i s i o n s were found. Assistance a t Polls: Any r e g i s t e r e d v o t e r may choose a s s i s t a n c e by a person o f v o t e r ' s c h o i c e ; o r , a t v o t e r ' s o p t i o n , by two e l e c t i o n o f f i c i a l s , one of e a c h major p o l i t i c a l p a r t y ( s e c . 16-580). Voter may make a w r i t t e n r e q u e s t t o t h e county r e c o r d e r t o have b a l l o t p e r s o n a l l y d e l i v e r e d i f t h e v o t e r i s c o n f i n e d because of i l l n e s s of p h y s i c a l d i s a b i l i t y ( s e c . 16-549). S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g P l a c e s : Miscellaneous P r o v i s i o n s : No p r o v i s i o n s = r e found. A b l i n d o r p h y s i c a l l y handicapped v o t e r need n o t s i g n a p p l i c a t i o n f o r an a b s e n t e e b a l l o t ( s e c . 16-544). ARKANSAS Sources: Arkansas Statutes 1947 Annotated, 1976 Replacement Volume, 1981 Cumulative --Supp. and 1982 Interim Supp. Who May Vote by Absentee Ballot: Any person who, because of illness or physical disability, will be unable to attend the polls on election day (sec. 3- Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Sec. 3-721 directs election officials to make provisions whereby disabled voters may cast an absentee ballot without third-party assistance, if the voter so chooses. Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found; but see sec. 3-721. Assistance at Polls: By spouse or two election judges (paper ballots, sec. 3-713); by two election judges or person of voter's choice (voting machines, see. 3-1222 and 3-1219). Election officials are directed "to accomplish reasonable and adequate methods whereby disabled voters may personally and secretly execute their ballots," including the promulgation of the form of a special ballot, which reasonably complies with the form of paper ballots now in use, which special. b a l l o t shall permit handicapped voters to cast their votes in secret (sec. 3-721). Structural Accessibility of Polling Places: Requires election officials t o "make every reasonable effort to provide voting locations reasonably accessible to disabled voters," (sec. 3-721). Miscellaneous Provisions: disabled voters need not sign Record of Voting Form (sec. 3-126, primary elections; sec. 3-708(b), general elections). ource: California Elections Code, 1977, 1983 Cumulative Pocket Part and West's California Legislative Service 1953-1934. . a Who May Vote by Absentee Ballot: Any registered voter who is unable to appear at the polling place because of physical handicap (sec. 1003). After close of period for requesting absent voter ballots any voter unable to go to polls due to a physical handicap or confining disability may submit a written request for ballot delivery (sec. 1017). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 301). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 14234). Assistance at Polls: By not more than two persons selected - by the voter Structural Accessibility of Polling Places: The clerk may locate polling places so that the requirements specified by the State architect for accessibility by the physically handicapped are met (sec. 1638.5). If polling places are inaccessible to a handicapped individual due to architectual barriers a written request for delivery of an absentee ballot may be initiated even after the close of the period for requesting absentee ballots. (sec. 1017). COLORADO Source: Colorado Election Code of 1990 1980, 1981 and 1982 - Recodification, Session Laws of Colorado Who May Vote by Absentee Ballot: Those unable to attend polls because of serious illness or physical disability (sec. 1-8-102). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes (secs. 1-8-114). Mail Registration: "Affidavit registration," qualified electors who because of serious illness or physical disability cannot register through regular channels; elector must subscribe to oath before person authorized to administer oaths (sec. Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By any one of election judges, or, at voter's option any elector selected by the voter (sec. 1-7-108). Structural Accessibility of Polling Places: Absentee voters' polling places (infra) must be free of architectural barriers when located in counties with a population of 100,000 or more (sec. 1-7-108(2)). Miscellaneous Provisions: Voters who are unable to write need not sign poll book (sec. 1-5-105, generally; sec. 1-15-136, primary elections). Absentee voters polling places established in each county may be used by disabled voters (sec. 1-7-108(2), 1-8-112). Source: - Connecticut General Statutes Annotated, 1967 main volume, 1983-1984 Cumulative Annual Pocket Part and Connecticut Legislative Service 1983. Electors who are unable to appear at the Who May Vote by Absentee Ballot: polling place because of illness or physical disability (sec. 9-135), primaries (sec. 9-133a). Clerk must deliver absentee ballots to patients of health care facilities for the handicapped upon request of either the town's registrar or of the administrator of the institution (sec. 9-146a). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes, by permanently disabled persons (sec. 9-31a and Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: Voting machines choice (sec. 9-264); paper ballots - by -- Sy Connecticut elector of voter's two electors of different parties (sec. Structural Accessibility of Polling Places: Yes, by July 1, 1980, unless no available site can reasonably be made accessible (sec. 9-168d). Miscellaneous Provisions: Disabled voter may have agent sign absentee -- p - ballot (sec. 9-138) and ballot application (sec. 9-140). A ballot cast by an absentee voter who is ill or disabled may only be mailed by such elector or by any person designated by the elector who consents thereto. Such elector may designate for this purpose only one of the following persons: a licensed physician, registered or practical nurse or any other person who is caring for the elector because of the elector's illness or physical disability,.a member of the elector's family or, if no such person consents or is available, than a police officer, registrar of voters or deputy registrar of voters in the municipality in which the elector resides (sec. 9-146). DELAWARE Source: Delaware Code Annotated, 1981 Replacement volume, 1982 Cumulative Supple---ment, Title 15. Advance Session Laws 1983 Who May Vote by Absentee Ballot: Any qualified elector, duly registered, who is unable to appear at the polling place because of being sick or physically disabled (sec. 5502). Doctor's Certificate Required: Application must include the nane and address of a physician or Christian Science practitioner who can attest to the illness or disability (sec. 5503). Notarization of Absentee Ballots: Yes (sec. 5506). Mail Registration: Yes (sec. 2012). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By one or two electors of voter's choosing (sec. 4943). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Handicapped voters need not sign poll list DISTKLGT 9F COLUXBIA Source: - 3istrict of Columbis Code 1981 nain volume and 1982 Supplement. Who May Vote by Absentee Ballot: Any registered elector who because of physical condition is unable to get to the polling place (sec. 1-1313(b)). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 1-1311(c)(2)). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: request of the voter. By one or two officials of the polling place on the The Board of Election must take reasonable steps to faci- litate voting by the blind, physically handicapped and developmentally disabled person [sec. 1-1306(14)]. Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Handicapped voters need not sign registration form (sec. 1-1311(b)(2)). The Board may permit persons physically unable to appear personally at an official registration place to register to vote. (sec. 1-1306(d)). FLORIDA Source: Florida Statutes Annotated 1982, Cumulative Annual Pocket Part 1983, Florida Session Law Service 1983. Who May Vote by Absentee Ballot: Any qualified elector who is unable without another's assistance to attend the polls (sec. 97.021(8)(a)). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes (alternatively, signatures by two witnesses over eighteen years of age) (secs. 97.063, 101.64). Mail Registration: Yes, for disabled voters (secs. 97.061, 97.063). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By two election officials or some other person of voter's own choice who has not previously so acted for more than one other person during the election (secs. 97.061, 101.051(1) by absentee ballot 101.051(3)). Structural Accessibility of Polling Places: Yes, unless no acceptable and accessible site exists within the precinct or other designated voting area, and it is anticipated that the site will be brought into compliance with accessibility standards in the foreseeable future, or the site will be temporarily made to comply with the standards for the time during which the polls are open (sec. Source: Code of Georgia Annotated 1980, 1982 Cumulative Pocket Part (pub. in 1982) (Code of 1981 for clarification of the recodification of Georgia law in 1981) W h m t Any elector who because of physical dis- : ability will be unable to be present at the polls on election day (sec. 21-2-380). Doctor's Certification Required: Notarization of Absentee Ballots: No provisions were found. If disabled voter is voting by absentee ballot outside his own county a local notary public may assist and then sign the oath printed on the absentee voter's envelope (sec. 21-2-385). Mail Registration: Yes, for those qualified to vote by absentee ballot (sec. 21-2-230) (application must be made in person by specified relative). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By any elector, except a poll officer, who is a resident of the election district in which the elector is attempting to vote; or by specified relatives of the elector (sec. 21-2-409). A physically disabled voter may receive assistance in preparing an absentee ballot by any elector qualified to vote in the same county or the mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of the disabled voter. (sec. 21-2-385). Structural Accessibility of Polling Places: Yes, "if practicable." If no such locations exist within the election district, the Superintendent of Elections may effect temporary modifications to such existing locations as will, in his judgment, provide the most convenient and appropriate access by the handicapped voter. No polling place which does not possess suitable and appro- priate access to handicapped voters can be selected after July 1, 1984. 21-2-265). (sec. Georgia (cont.) Miscellaneous ------ Provisions: Handicapped voters need not fill out or sign absentee ballot applications (sec. 21-2-381), or voter's certificates (see. 21-2-402). Absentee ballots contain oath to be filled out by person assisting disabled voters (sec. 21-2-381). No person may assist more than ten electors in any primary or election (sec. 21-2-409). Sources: Hawaii Revised Statutes 1976 Replacement Volume, and 1982 Supplement. ---Who May Vote by Absentee Ballot: Any person registered to vote (sec. 15-2). An incapacitated voter may send a representative to obtain his absentee ballot (sec. 15-5). Doctor's Certification Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 11-139). Assistance at Polls: By two precinct officials who are not of the same political party, or any qualified voter whom the handicapped voter may designate (sec. 11-139). Structural Accessibility of Polling Places: No provisions were found. IDAHO Source: Idaho Code 1381 and Cumulative Pocker Supp. 1982. -Who May - Vote by Absentee Ballot: Any person who will be physically unable to vote at his designated polling place on election day (sec. 34-1002A). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No (sec. 34-1004). Mail Registration: Yes (sec. 34-410). County clerk or official registrar may register an ill or disabled elector at such elector's place of abode, upon receipt of a written application from the elector (sec. 34-407(2)). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 34-1108(1)). Assistance at Polls: By election clerk or person of elector's choice (sec. 34-1108(2), generally; sec. 34-2427(2), voting machines; sec. 34-1003(6), absentee ballots). Structural Accessibility of Polling Places: Yes, "to the maximum extent deemed possible by the board [of county commissioners]" (sec. 34-302). Miscellaneous Provisions: The absentee ballot is personally delivered to a disabled voter; see sec. 34-1003(5). Source: Smith Hurd Illinois Annotated Statutes, 1933-1984 Cunulstive Annual ---Pocket Parts, C h a ~ . 46 and Illinois Le%is'~ative Service 1983. Who May Vote by Absentee Ballot: Any elector who because of physical lnca- pacity will be unable to be present at the polls on election day (secs. 19-1, 19-2). Voting by physically incapacitated electors will be conducted on the premises of facilities licensed or certified in accordance with the Illinois Nursing Home, Sheltered Care Homes and Homes for the Aged Acts or Nursing Home Care Reform Act of 1979. (sec. 19-12.2). Doctor's Certificate Required: Yes (secs. 19-2, 19-3), except for those holding disabled voters' identification cards which are valid for a five year period; voters holding them need not submit a doctor's certification when applying for absentee ballots during that time; however, a doctor's certificate is required when making or renewing the original application (ibid.). Notarization of Absentee Ballots: Yes (secs. 19-5, 19-6), except for those holding disabled voters' identification cards (sec. 19-12.1). Mail Registration: No provisions were found, except for certain absentee electors (sec. 4-13). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By two of the election officers of different parties, or by a friend or relative of the elector's choice (sec. 17-14, generally; sec. 24-9, voting machines; sec. 7-48, primary elections). When an applicant for registration reports a permanent physical disability which would require assistance in voting, his registration cards will be especially marked (sec. 5-7.01). Structural Accessibility -------of Polling Places: - No provisions were found. INDIANA Source: -- B u r n s Indiana Statutes Annotated, 1982 nain volume, 1982 Cumulative Pocket Supplement and 1983 Advance Legislative Service -Absentee Ballot: Who May Vote by Any elector expecting to be confined to his or her home, nursing home or hospital because of illness or injury on the day of any general, special, primary or city election (sec. 3-1-22-2). Doctor s Certificate Required: Yes (sec. 3-1-7-9). Notarization of Absentee Ballots: Yes (sec. 3-1-22-7); however, in the case of an ill or disabled voter, the absent voter's board comes to the place of confinement (secs. 3-1-22-6, 3-1-22-21). Mail Registration: Yes, for ill or disabled voters (doctor's certificate and notarization required) (sec. 3-1-7-12). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: Yes, by voters parent, spouse, child, sibling, grandparent, or grandchild or by two election judges (sec. 3-2-3-1); -- by blind elector person designated by elector (sec. 3-2-3-1). Structural Accessibility of Polling Places: In determining the suitability of a room for voting, the county commissioner must consider its accessibility by physically handicapped persons and make a reasonable effort to locate and use rooms accessible to unassisted, non-ambulatory persons. (sec. 3-1-23-17). Miscellaneous Provisions: Handicapped voter need not sign poll list (sec. 3-1-9-10). IOWA Source: Iowa Code Annotated 1973 t h e 1983-1984 Cumulative Annual Pocket P a r t s and t h e Iowa L e g i s l a t i v e S e r v i c e 1983. Who May Vote by Absentee B a l l o t : Any e l e c t o r who e x p e c t s t o be prevented from going t o t h e p o l l s and v o t i n g on e l e c t i o n day through i l l n e s s o r p h y s i c a l d i s a b i l i t y ( s e c . 53.1). D o c t o r ' s C e r t i f i c a t e Required: No p r o v i s i o n s e r e found. N o t a r i z a t i o n of Absentee B a l l o t s : Yes, ( s e c . 53.15 and 53-2), but p a t i e n t s c o n f i n e d t o h o s p i t a l s o r h e a l t h c a r e f a c i l i t i e s a r e v i s i t e d by s p e c i a l p r e c i n c t e l e c t i o n o f f i c e r s f o r t h e purpose of c a s t i n g a b s e n t e e b a l l o t s ( s e c . 53.22). Mail R e g i s t r a t i o n : Yes ( s e c . 48.3). R e g i s t r a t i o n a t P o l l i n g Place: Curbside Voting: No p r o v i s i o n s were found. Yes ( s e c . 49.90). Assistance a t Polls: Two o f f i c e r s o r a l t e r n a t i v e l y by any person s e l e c t e d by t h e e l e c t o r , ( s e c . 49.90) f o r a b s e n t e e ( s e c . 53.15). S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g P l a c e s : P r e f e r e n c e s s h a l l be g i v e n t o t h e use of b u i l d i n g s a c c e s s i b l e t o e l d e r l y and p h y s i c a l l y handicapped v o t e r s ( s e c . 49.21). KANSAS Source: Kansas Statutes Annotated 1981, Cumulative Supp. 1982 and 1982 Session ----Laws Who May Vote by Absentee Ballot: Any registered elector who, because of sickness or physical disability, is unable to vote at his or her voting place on election day (sec. 25-1119(b)). ~octor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 25-2309). Registration at Polling Place: Curbside Voting: No provisions were found. Yes (sec. 25-2909(d)). Assistance at Polls: Person chosen by voter, or two members of the elec- tion board of different political parties (sec. 25-2909(b), generally; sec. 25-1341, voting machines). Structural Accessibility of Polling Places: Accessibility standards are set forth at sec. 25-2710. However, a voting place not in compliance with these standards may be selected if no acceptable and accessible voting place is available within the precinct or other designated voting area; or if it is anticipated that the voting place will be brought into compliance with the standards in the Eoreseeable future or the voting place will be temporarily made to comply with the standards for the time during which the polls are open (ibid.). KENTlJCKY Source: - Kentucky Revised Statutes 1982 Replacement and Baldwins Acts of 1982 Who May Vote by Absentee Ballot: Any qualified voter who has not been declared incompetent by a court of competent jurisdiction, and who on account of age, infirmity, or illness is not able to appear at the polls on election day (sec. 117.075(1)). Doctor's Certification Required: Yes; however, if the original certifi- cate indicates that the condition is expected to be a continuing one, the same certificate will suffice for ensuing elections (sec. 117.075). Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 116.045(4)). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By election judges or person of the voter's choice (sec. 117.255(2)). Structural Accessibility of Polling Places: The county board of elections must make every reasonable effort to designate only those places which are accessible to all eligible voters, including those with physical limitations (sec. 117 .O65). Miscellaneous Provisions: Section 147 of the Kentucky Constitution states that the general assembly shall provide that persons who are illiterate, blind, or in any way disabled may have their ballots marked or voted, as required. LOUISIANA Source: West's Louisiana Statutes Annotated 1979, Cumtllative Annual Pocket ----Part 1983 and Louisiana Session Law Service 1983. Any person who Who: is physically disabled to an extent which prevents him from voting at the polls on election day (sec. 18:1304A); any person who expects to be hospitalized on election day (sec. 18: l303A(2)). Doctor's Certificate Required: Yes (secs. 18:13038(2), 18:1304A). A per- manently disabled voter may obtain a card which is valid for five years based on a single medical certification; however, renewals require a new certificate (sec. 18:1304B). Notarization of Absentee Ballots: Mail Registration: Not generally available to the handicapped (See sec. Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: (sec. 18:1310B); No provisions were found. By any person, in connection with absentee ballots by any person except the commissioner in charge of the polling place, generally (sec. 18:564B). Structural Accessibility of Polling Places: No general provision was found; however, whenever the polling place to which a voter is assigned is inaccessible to that voter by reason of a physical handicap, the voter may vote at the nearest accessible polling place within the same district as the polling place at which he is registered (sec. 18:531B). Louisiana (cont.) ~ 4 i s c e l l a n e o u sP r o v i s i o n s : Prior t o r2ceiving assistance, the voter aust f i l e a s t a t e m e n t w i t h t h e r e g i s t r a r s e t t i n g f o r t h t h e n e c e s s i t y and r e a s o n s f o r t h e a s s i s t a n c e ; one s u c h s t a t e m e n t i s s u f f i c i e n t f o r a l l e n s u i n g e l e c t i o n s , and no e v i d e n c e a s t o d i s a b i l i t y need b e p r e s e n t e d a t t h e p o l l s ( s e c . 18:554D). P r o c e d u r e s f o r a s s i s t i n g handicapped v o t e r s a t r e g i s t r a t i o n a r e s e t f o r t h a t s e c . 18:105. Handicaped v o t e r s need n o t s i g n p o l l l i s t ( s e c . 1 5 : 5 6 1 ) . MAINE Source: --- Xaine Revised Statutes Annotated, 1965 main volume, Supplernental Psaphlet 1382-1983, and Maine Legislative Service, 1983, Title 21. Who May Vote by Absentee Ballot: Any person who is unable to cast his ballot in the municipality in which he is registered to vote, because of physical incapacity not adversely affecting his soundness of mind (sec. 1.1). Doctor1s Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes (sec. 1454.1). Mail Registration: Yes (sec. 102.A; information obtained from State elections office). Persons physically unable to appear at registrar's office and who live within 20 miles may request that the registrar visit them for purposes of registration. Disabled person must include a statement of certification as to their inability to appear (sec. 72). Registration at Polling Place: Yes. tion application with absentee ballot. Curbside Voting: Disabled voter may include registra- (sec. 133). No provisions were found. Assistance at Polls: By two election officials, or any person of voting age selected by the voter, except that no candidate can provide such assistance (generally, see. 862, 1254, voting machines, sec. 1050; electronic voting systems, Structural Accessibility of Polling Places: Voting districts must provide alternative polling places which are accessible to the physically handicapped (including elections offices, etc.). Voting districts rhich have no physically accessible voting locations must relocate or add additional, suitable locations. Five days advance notice is required from those desiring to vote at an alternative polling place (sec. 604). Maine (cont.) Miscellaneous - Provisions: Handicapped voters may be assisted by specified relatives or specified public officials when applying for and/or voting by absentee ballot (secs. 1253.2-A; 1254.6). Source: Maryland Code Annotated, 1976 Replacement Volume and 1982 Cumulative --Supplement; Article 33 Who May Vote by Absentee Ballot: Any qualified voter whose physical dis- ability or confinement in or restriction to an institution prevents or will prevent him from being present and personally voting at the polls on election day [sec. 27-2(a)]. Doctor's Certificate Required: No provisions were found . Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 3-1). Any qualified voter confined to hos- pital or bed which permanently prevents him from registering will be allowed to register by casting an absentee ballot. Registration at Polling Place: Curbside Voting: (sec. 3-7(a)). No provisions were found. No provisions were found. Assistance at Polls: By any person whom the voter may select, or two judges of opposite political parties (sec. 16-12(c)). Structural Accessibility of Polling Places: Yes, "to the extent feasible" (sec. 2-ll(3)). Alternative polling places, if available in the county or Balti- more City, are to be made available to handicapped voters (sec. 3-21A). ?liscellaneous Provisions: A handicapped voter may be assisted by in marking an absentee ballot (sec. 27-2(b)). any person There are procedures specified for obtaining an emergency absentee ballot by voters who become ill or disabled githin a week of the election (the deadline for requesting absente ballots) (sec. 27-2(a-1)). (sec. 15-4(a)). Handicapped voters need not sign the voting authority card CRS-39 MASSACHUSETTS Source: Massachusetts General Laws Annotated, 1975 main volume, Cumulative - Annual Pocket Part, 1983-1954 and I4assach:lsetts Legislative Service, 1983. Any voter who will be unable by reason Who May Vote by Absentee Ballot: of physical disability to cast his vote in person at the polling place (54 sec. Doctorys Certificate Required: Yes; however, only one such certificate is required for permanently disabled voters (ibid.). Notarization of Absentee Ballots: Yes; however, voters whose names appear on the permanently disabled voters' list are exempted (54 sec. 86 and 54 sec. Mail Registration: Yes, for physically disabled voters only; after mail application is received, registrars visit and personally register applicant (51 sec. 42A). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By any qualified voter whom handicapped voted may designate (54 sec. 79). Structural Accessibility of Polling Places: No provisions were found. MICHIGAN Source: -- Nizhigan Compiled Laws, 1967 Cumulative Annual Pocket Parts, 1983-1984 Who May Vote by Absentee Ballot: Any qualified and registered elector who, on account of physical disability, cannot without another's assistance attend the polls on the day of an election (sec. 168.758(1)(a)). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No (168.761 Supp.) Mail Registration: Yes, for disabled voters and those who are absent from the voting district (sec. 168.504). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By two inspectors of election (generally), or member of voter's immediate family or any person over eighteen years of age selected by the voter (blind voters) (sec. 168.751); by two inspectors of election (vot- ing machines, sec. 168.789). Structural Accessibility of Polling Places: No general provisions were found. However, a polling place may be established at a residence or facility at which not less than 150 persons aged 62 or over reside (sec. 168.662). Miscellaneous Provisions: Emergency absent voters' ballots may be obtained up to 4 p . 2 . on election day by voters who have become physically disabled after the statutory deadline for requesting absentee ballots; see sec. 168.759b. Each absentee ballot has an affidavit to be filled out by the person assisting a disabled voter (sec. 168.761). Source: Minnesota Statutes Annotated, 1962 main volumes, 1983 Cumulative Annual ---Pocket Parts and Yinnesota Session Law Service 1983. Who May Vote by Absentee Ballot: Any individual entitled to vote at any election, who by reason of illness or physical disability is unable to go to polling place (sec. 2038.02). Doctor's Certification Required: Notarization of Absentee Ballots: No provisions were found. or eligible voter may state that Yes, - ballots were displayed to him unmarked and marked in his presence (sec. 203B.07) Mail Registration: Yes (secs. 201.061, 201.071). Absentee voters who are not registered may return the completed registration application with their absentee ballots (sec. 203B.04). Registration at Polling Place: Yes (sec. 201.061(3)). Curbside Voting: Yes (sec. 204C.15(2)). Assistance at Polls: By two election judges of different political party affiliation, or any voter of the same precinct of the handicapped voter's choice (generally, sec. 204C.15); by two election judges of different political parties (voting machines, sec. 206.20(3)). Structural Accessibility of Polling Places: Accessibility standards are specified, unless "no available cite within the precinct can be made accessible" (sec. 204B.16(5)). MISSISSIPPI Source: --- M i s s i s s i p p i Code 1972 Annotated, 1972 main volume a n d 1982 Cumulative Supplement: Who May Vote by Absentee Ballot: Any physically incapacitated elector (sees. 23-9-407, 23-9-603(4)). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes, but disabled voters need not use county registrar as witness as must other voters (sec. 23-9-409(1)(a)). Mail Registration: Only when transfer of voter registration is necessitated because reapportionment of the State Legislature (sec. 23-5-32). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By one election manager or other person of voter's choice, but such person must be a registered elector (sec. 23-5-158, generally; sec. 23-7-9, voting machines). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Assistance in filling out registration form (sec. 23-5-301). Source: Vernon's Annotated Missouri S t a t u t e s , 1980 and 1983 Cumulative Annual Pocket P a r t s . Any r e g i s t e r e d v o t e r who i s prevented Who May Vote by Absentee B a l l o t : from going t o t h e p o l l s on e l e c t i o n day due t o i l l n e s s o r p h y s i c a l d i s a b i l i t y ( s e c . 115.277). D o c t o r ' s C e r t i f i c a t e Required: No p r o v i s i o n s were found. N o t a r i z a t i o n of Absentee B a l l o t s : Yes ( s e c . 115.283), but e l e c t i o n team w i l l t a k e b a l l o t t o h o s p i t a l i z e d v o t e r o r v o t e r confined t o n u r s i n g home, e t c . Mail R e g i s t r a t i o n : Yes, by c e r t a i n persons, i n c l u d i n g t h e ill and d i s a b l e d ( s e c . 115.159). Registration a t P o l l i n g Place: Curbside Voting: No p r o v i s i o n s were found. Yes, "when time permits" ( s e c .115.436) Assistance a t P o l l s : By two e l e c t i o n judges of d i f f e r e n t p o l i t i c a l p a r t i e s o r any person of v o t e r ' s choice. No person o t h e r than e l e c t i o n judges o r members of such v o t e r s ' immediate f a m i l i e s may a s s i s t more than one v o t e r a t one e l e c t i o n ( s e c . 115.455); a b s e n t e e b a l l o t a s s i s t a n c e ( s e c . 115.161). S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g P l a c e s : Miscellaneous P r o v i s i o n s : 283). No p r o v i s i o n s E r e found. Assistance i n v o t i n g a b s e n t e e b a l l o t s ( s e c . 115. I f a p p l i c a n t f o r a b s e n t e e b a l l o t i s p h y s i c a l l y i n c a p a b l e of s i g n i n g , he o r she s h a l l s i g n "mark witnessed by an e l e c t i o n o f f i c i a l o r person of h i s o r h e r own chosing" ( s e c . l l 5 . 2 7 9 ( 4 ) ) . MONTANA Source: Montana Code Annotated 1981. Who May Vote by Absentee Ballot: Any elector who will be unable to go to the polls because of physical incapacity (secs. 13-13-211. 13-13-222). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 13-2-203). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 13-13-118). Assistance at Polls: By two election judges of different parties or a qualified elector of the county chosen by the disabled voter (sec. 13-13-119). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: If elector is unable to sign poll book because of physical incapacity, the handicapped voter must produce 2 electors to sign an affidavit to verify the handicapped voter's identity, (sec. 13-13-114). NEBRASKA Source: Nebraska Revised Statutes 1943, Reissue of 1978 main volume and 1982 Cumulative Supplement. Who May Vote by Absentee Ballot: Any voter disabled because of any physical disability (sec. 32-807.01). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes (sec. 32-812). Mail Registration: Yes, for disabled voters (sec. 32-807.01). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 32-460). Assistance at Polls: By one judge and one clerk of election, of different political parties; except if the disability is paraplegia or blindness, by any person of the voter's choice (sec. 32-460). Structural Accessibility of Polling Places: Yes (sec. 32-438). NEVADA Source: Nevada Revised Statutes, 1981. --Who May Vote by Absentee Ballot: Any registered voter who is unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanitorium, dwelling or nursing home (see. 293.316). ~octor's Certificate Required: Yes (sec. 293.316). Notarization of Absentee Ballots: Mail Registration: No provisions were found. No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: Any consenting person of voter's choice, except an election official who is not the voter's spouse (sec. 293.296). Officer in charge of the poll list will stamp, write or print "identified" next to voters 9ame if voter is unable to sign name. (sec. 293.283). Structural Accessibility of Polling Places: No provisions were found. NEW HNilPSHIRE Source: ---- N e w H a a p s h i r e Revised S t a t u t e s A n n o t a t e d 1974, Supplement 1979, 1981 and 1982 Regular Session Laws Who May Vote by Absentee Ballot: Any person who is unable to vote in person by reason of physical disability (sec. 657:l). - No provisions were found. Doctor's Certificate Required: Notarization of Absentee Ballots: No provisions were found. Mail Registration: In certain instances, including physical disability (secs. 654:16, 654:17); notarization required (secs. 654:17, 654:18). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By one or both inspectors of election, or, if the disability is total blindness, by any person who is a qualified voter in the same town or ward whom voter may designate (sec. 659:20). Structural: No provisions were found. NEW JERSEY Source: New J e r s e y S t a t u t e s Annotated, 1964 main volume 1983-1984 Cumulative Annual Pocket P a r t and New J e r s e y S e s s i o n Law S e r v i c e 1983. Nho May Vote by Absentee B a l l o t : Any v o t e r who because of permanent and 9 t o t a l d i s a b i l i t y , o r b e c a u s e of i l l n e s s o r temporary d i s a b i l i t y , w i l l be u n a b l e t o c a s t h i s b a l l o t a t t h e p o l l i n g p l a c e i n h i s d i s t r i c t on t h e day of t h e e l e c t i o n ( s e c . 19:57-3). D o c t o r ' s C e r t i f i c a t e Required: No p r o v i s i o n s were found. N o t a r i z a t i o n of Absentee B a l l o t s : Mail R e g i s t r a t i o n : No p r o v i s i o n s were found. Yes ( s e c . 19: 31-6.3). The Conmi s s i o n e r w i l l v i s i t a c h r o n i c a l l y ill o r t o t a l l y i n c a p a c i t a t e d v o t e r , upon w r i t t e n r e q u e s t accom- panied by a d o c t o r ' s a f f i d a v i t , f o r r e g i s t r a t i o n ( s e c . 19:31-6). R e g i s t r a t i o n a t P o l l i n g Place: Curbside Voting: No p r o v i s i o n s were found. No p r o v i s i o n s were found. Assistance a t Polls: By two members of t h e e l e c t i o n board of o p p o s i t e p o l i t i c a l p a r t i e s , o r any person of v o t e r ' s c h o i c e ( s e c s . 19:50-3, 19:52-4). Absentee b a l l o t a s s i s t a n c e may be g i v e n by a f a m i l y member ( s e e . 19:57-17 S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g P l a c e s : and In t h e s e l e c t i o n o f a p o l l i n g place o t h e r t h a n a schoolhouse o r p u b l i c b u i l d i n g f o r an e l e c t i o n d i s t r i c t , cons i d e r a t i o n s h a l l be g i v e n t o t h e u s e of b u i l d i n g s a c c e s s i b l e t o e l d e r l y and p h y s i c a l l y d i s a b l e d p e r s o n s ( s e c . 19:8-3). Miscellaneous Provisions: Permanently and t o t a l l y d i s a b l e d v o t e r s need a p p l y o n l y once f o r an a b s e n t e e b a l l o t , and w i l l t h e r e a f t e r be s e n t such b a l l o t s f o r a l l f u t u r e e l e c t i o n s w i t h o u t a d d i t i o n a l a p p l i c a t i o n s ( s e c . 19: 57-4). Upon a p p l i c a t i o n by a c o n f i n e d v o t e r , an a b s e n t e e b a l l o t w i l l be d e l i v e r e d i n person by an a u t h o r i z e d messenger t o such v o t e r ( s e c . 19:57-4). Disabled v o t e r s need not s i g n t h e s i g n a t u r e copy r e g i s t e r but must answer s p e c i f i e d q u e s t i o n s ( s e c s . 19: 31-21, 19: 31A-8). Source: ----- New ?4exico Statutes 1978 A n n o t a t e d , 1978 rnain volme and 1982 Cumulative Supplanent Any voter who cannot be present at his Who May Vote by ASsentee Ballot: precinct poll on election day because of illness, injury or disability (sec. Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Yes (sec. 1-6-9(A)). Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By any person of voter's choice (sec. 1-12-15). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Assistance in registration is available to those unable to write because of physical disability (sec. 1-4-5(C)(2)). A disabled voter may be assisted by a person of the voter's choice in marking an absentee ballot in the clerk's office (sec. 1-6-5(E)). NEW YORK Source: Mc<inneyfs Consolidated Laws of New York Annotated, Election Law, 1978 ----main volumes 1981-1982 Cumulative Annual Pocket Parts and 1983 Regular Session Laws. Who May Vote by Absentee Ballot: Any qualified voter who will be unable to appear personally at the polling place of the election district in which he is a qualified voter because of illness or physical disability, whether permanent or temporary, or because he will be or is a patient in a hospital (sec. 8-400 (l>(a>)* Doctor's Certificate Required: Only to be placed on the "permanently disabled" listing; such voters automatically receive absentee ballots for all future elections (sec. 8-400(4)). Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 5-210). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By two election inspectors of different political parties; or by specified relatives (disabled voters generally) or any person selected by the voter (blind voters) (sec. 8-306(3)). Structural Accessibility of Polling Places: Requires that at least one en- trance must provide access to physically handicappped voter. This requirement may be waived in writing by the county board of elections upon a petition to the board by the legislative body of the city or town showing good and sufficient cause (sec. 4-104(1-a)). New York (cont.) !4iscellaneous Provisions: -------------------- For specisl provisions for absentee voting by hospitalized veterans, see sec. 8-404. Voters who were incapacitated by illness and so did not register to vote during local registration periods may register during special enrollment periods (sec. 5-308). poll sheet [sec. 8-304(2)]. Disabled voters need not sign NORTH CAROLINA Source: The General Statutes of North Carolina 1982 Keplacement Vol. Who May Vote by Absentee Ballot: Any qualified voter of the State who is unable to be present at the voting place to vote in person on the day of the election in which he wishes to vote because of sickness or other physical disability (sec. 163-226(a)(2)). Doctor's Certificate Required: Yes, for those becoming ill or disabled after 5:00 p.m. on the Wednesday preceding the election (sec. 163-227(b)(3)). Notarization of Absentee Ballots: Yes (sec. 163-229). Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 163-155). Assistance at Polls: By a near relative of voter's choice, or any voter of the precinct who has not given aid to another voter at the same election; or, if no such person be present at the voting place, by the registrar or one of the judges of election, or one of the assistants. No person may provide assistance who has not been specified by the voter (sec. 163-152). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: One stop application and voting procedures for absentee ballots, for ill or disabled voters (sec. 163-227.2). need not sign absentee ballot application (sec. 163-227(b)(2), i n registering to vote (sec. 163-67(a)). Disabled voter (3)). Assistance Source: North Dakota Century Code Annotated, 1981 Replacement Volume. ---Who May Vote by Absentee Ballot: Any qualified elector who is physically disabled. (sec. 16.1-07-Ol(1). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: North Dakota does not require voter registration. Registration at Polling Place: Registration not required. Curbside Voting: No provisions were found. Assistance at Polls: By both judges of election (sec. 16.1-13-27 and 16.1-05-04); by absentee ballot, can be assisted by a disinterested person (sec. 16.1-07-08). Structural Accessibility of Polling Places: Shall provide voting places which are reasonably accessible to the handicapped (sec. 16.1-04-02). OHIO Source: P a g e ' s Ohio Revised Code Annotated, 1972 main volume and 1982 Supplement. Who May Vote by Absentee Ballot: Any qualified voter who is 62 years of age or over, or who will be absent from his polling place on the day of an election due to his entry into a hospital for medical or surgical treatment (sec. 3509.02); any qualified elector who, on account of his own personal illness or physical disability is unable to travel from his home to the voting booth in his precinct on election day (sec. 3509.08(A)). Doctor Is Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 3503.11). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 3501.29(C)). Assistance at Polls: By a near relative or two election judges of different political parties (generally); or by any person of the voter's choice (blind voters) (sec. 3505.24). Structural Accessibility of Polling Places: Specified standards must be met on the following schedule: 50% of the polling places in each county, by ';m. 1, 1980; 75% by Nov. 1, 1981; and 100% by Nov. 1, 1982 except for those specifically exempted by the Secretary of State (sec. 3501.29). All registra- tion places shall be free of barriers that would impede the ingress and egress of handicapped persons (sec. 3503.12). Provisions: Two assistant election clerks may deliver a -?liscellaneous --ballot to a disabled voter, return it to the election hoard, and otherwise assist the voter (sec. 3509.08(A)). Special procedures to be followed by quali- fied electors who ate hospitalized not more than 6 days before an election are set forth at sec. 3509.08(B). Sources: Oklahoma S t a t u t e s A n n o t a t e d , 1976 main volume 1982-1983 C u m u l a t i v e A n n u a l P o c k e t P a r t ; T i t l * 2 6 a n d O k l a h o m Session Law S e r v i c e 1983. Who May Vote by A b s e n t e e B a l l o t : Any r e g i s t e r e d v o t e r who s w e a r s o r a f f i r m s t h a t he i s p h y s i c a l l y i n c a p a c i t a t e d and t h e r e b y u n a b l e t o v o t e i n p e r s o n i n h i s p r e c i n c t o n t h e day o f t h e e l e c t i o n ( s e c . 14-110). Doctor ' s C e r t i f i c a t e Required: No p r o v i s i o n s were f o u n d . N o t a r i z a t i o n of Absentee B a l l o t s : Mail R e g i s t r a t i o n : No p r o v i s i o n s were f o u n d . R e g i s t r a t i o n a t P o l l i n g Place: C u r b s i d e Voting: Yes ( s e c . 14-108). No p r o v i s i o n s w r e found. Yes ( s e c . 7-123.1). Assistance a t Polls: By two members o f t h e p r e c i n c t b o a r d , of o p p o s i t e p o l i t i c a l p a r t i e s ( g e n e r a l l y , s e c . 7-123); o r by any person a t l e a s t 1 6 y e a r s o f a g e c h o s e n by t h e d i s a b l e d v o t e r ( b l i n d v o t e r s , s e c . 7-124). S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g Places: Miscellaneous Provisions: No p r o v i s i o n s were f o u n d . Absentee v o t e r b o a r d s v i s i t n u r s i n g homes and c o n v a l e s c e n t h o s p i t a l s f o r t h e purpose of o b t a i n i n g v o t e s ( s e c . 14-115). S p e c i a l p r o c e d u r e s f o r v o t e r s who become i n c a p a c i t a t e d a f t e r 5:00 p.m. t h e Tuesday p r e c e d i n g t h e e l e c t i o n a r e s e t f o r t h a t s e c . 14-115.1. on OREGON Sources: Oregon Revised Statutes, 1981 Replacement Part. Who May Vote by Absentee Ballot: Any elector who has reason to believe he or she will be unable for any reason to vote in person at the election (sec. Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 247.015). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 254.435). Assistance at Polls: By two election board clerks of different parties or some other person chosen by the elector (sec. 254.445). Structural Accessibility of Polling Places: The clerk in designating polling places shall take into account the desirability that polling places be accessible to the handicapped (sec. 246.420). Miscellaneous Provisions: Handicapped absentee voter need not personally mark his ballot (sec. 253.065); handicapped voter need not sign poll book (sec. 254.445). On written request from a handicapped person a registration card will be mailed or personally delivered by the county clerk to the voter's residence (sec. 247.015). If an elector is physically handicapped one application for ballot will be valid for every election held during that calendar year (sec. 253.039). PENNSYLVANIA Source: Purdon's Pennsylvania Statutes Annotated, 1963 main volume and 1953--1984 Cumulative Annual Pocket Part Title 25. Who May Vote by Absentee Ballot: Any qualified registered and enrolled elector who because of illness or physical disability is unable to attend his polling place or operate a voting machine and secure assistance by distinct and audible statements (sec. 3146.1(k)). Doctor's Certificate Required: Yes, for permanently disabled voters (such voters automatically receive absentee ballots to all future elections) (sec. 3146.2(e.l)). Name and address of doctor must be included on all other appli- cations for absentee ballots received from physically disabled elector (sec. 3146.2(e)(2)). Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 623-19.1). Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By any registered voter of the election district (sec. 3058); by any adult person if the exact nature of disability is noted on registration card (absentee voting, sec. 3146.6a). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Political party representatives visit public institutions to gain information on those wishing to vote absentee. Three- rnember teams appointed by the county board of elections visit each such institution to receive absentee ballots from such electors (secs. 3146.2(f), Disabled absentee voters need not sign ballot declarations (sec. 3146.6(a)). (g)). RHODE ISLAND Source: General Laws of Rhode Island 1981 Reenactment and 1982 Cumulative Supplement. Who May Vote by Absentee Ballot: Any elector who, because of illness or physical or mental disability, is unable to vote in person (secs. 17-20-1, 1729-2). Doctor's Certificate Required: Only when applying for emergency absentee ballot (where illness or disability does not manifest itself until within twenty days of the election) (sec. 17-20-8). Notarization of Absentee Ballots: Ballot has provision for notarization, but it may be witnessed by two registered Rhode Island voters in place of the notarization (sec. 17-20-21). Mail Registration: Yes, for shut-in voters (sec. 17-9-10). Registration at Polling Places: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By a bi-partisan pair of supervisors (generally) or any person of elector's choosing (blind voters) (sec. 17-19-26). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Handicapped voter need not sign absentee ballot application (sec. 17-20-8), absentee ballot (sec. 17-20-13), or poll register (sec. 17-19-30). A permanently disabled or incapacitated voter can make a single application and receive absentee ballots for all future elections so long as he remains disabled (sec. 17-20-9). Bi-partisan pairs of election supervisors visit hospitals and convalescent homes to obtain the votes of patients and residents (sec. 17-20-14). Special procedures are available for obtaining an emergency absentee ballot within 20 days of an election (sec. 17-20-8). S3UTH CAROLINA Source: ------ South Carolina Code Annotated, 1 9 7 7 nain volume and 1982 C~nulative Supplement Who May-Vote - by Absentee Ballot: Any physically disabled qualified elec- tor (sec. 7-15-320). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: - No provisions were found (ballots must be witnessed, see sec. 7-15-220). Mail Registration: Yes, for ill or physically disabled voters (sec. 7-15-110). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By one manager of election and a bystander, who must be an elector of that precinct, designated by the voter; or by voter's spouse (sec. 7-13-770). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Handicapped voters may receive special assistance in registering to vote (sec. 7-5-210). SOUTH DAKOTA Source: --- South T)akota Codified Laws, 1982 Revisio~. Who May Vote by Absentee Ballot: Any duly registered person who expects to be unable to attend the polling place in his home precinct on account of illness or physical disability (sec. 12-19-1). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Mail Registration: No provisions were found. Registration at Polling Place: Curbside Voting: Yes (secs. 12-19-4, 12-19-7). No provisions were found. No provisions were found. Assistance at Polls: By any person whom the voter may select (sec. 12-18-25). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: There are special procedures for absentee voting at health care facilities which can reasonably be expected to have five or more absentee voting applicants (sec. 12-19.9-1). If applicant cannot sign his or her name to a registration card a cross and the signature of the registration official is sufficient (sec. 12-4-6). 'TENNESSEE Source: Tennessee Code Annotated, 1979 Replacement, 1982 Cumulative Supp. ---and 1953 Advance Legislative Service. Who May Vote by Absentee Ballot: Any registered voter who is unable to appear at the polling place on election day by reason of hospitalization, sickness, or physical disability (sec. 2-6-102(4)). s Certificate Required: Yes, for permanently disabled voter register ~octor' (sec. 2-6-102(4)). Notarization of Absentee Ballots: Yes (secs. 2-6-108, 2-6-lll(e), 2-6-125). Mail Registration: Yes (sec. 2-2-115), see also sec. 2-2-110, which states that the county election commission may provide for the registration of persons who cannot appear in person due to illness or other good cause by sending the registrar to their homes or other place where they are within the county to register such persons. Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: By specified relatives; or one of the judges of elec- tion of the voter's choice, in the presence of another judge or election official of a different political party (generally) (sec. 2-7-116(a)(l), sec. 2-7-116(a)(2), voting machines; paper ballots; sec. 2-6-104, absentee ballots); by any person of voter's choice or one of the election judges, etc., as above (blind voters) (sec. 2-7-116(b)(l), voting machines; sec. 2-7-116(b)(2), paper ballots; sec. 2-6-104, absentee ballots). - No provisions were found. Structural Accessibility-of Polling Places: Tennessee (cont.) Miscellaneous Provisions: One application by permanently disabled voters is sufficient to receive absentee ballots for all future elections (sec. 2-6- 104(4)). 2-6-102(6)). Any voter over age 65 may vote absentee by personal appearance (see. Absentee deputy voting registrars of both parties visit licensed nursing homes, retirement homes and similar institutions to process and attest absentee ballot applications and ballots (sec. 2-6-102(4)). Procedures for obtaining emergency absentee ballots (within twenty days of an election) are set forth at sec. 2-6-129. Disabled voters need not sign absentee ballot (sec. 2-6-105) or registration applications (see. 2-2-119). Ballot supplies and other election materials in large print must be made available at the main county election commission office for persons with visual handicaps (sec. 25-218). Source: Vernon's Annotated Revised C i v i l S t a t u t e s o f t h e S t a t e of Texas, E l e c t i o n Code, 1967 main volume and 1982-1983 Cumulative Annual Pocket P a r t . Who May Vote by Absentee B a l l o t : Any q u a l i f i e d v o t e r of t h e S t a t e who because of s i c k n e s s o r p h y s i c a l d i s a b i l i t y cannot appear a t t h e p o l l i n g p l a c e i n t h e e l e c t i o n p r e c i n c t of h i s r e s i d e n c e on t h e day of t h e e l e c t i o n (Art. 5. 0 5 ( l a ) ) . D o c t o r ' s C e r t i f i c a t e Required: No p r o v i s i o n s e r e found. N o t a r i z a t i o n of Absentee B a l l o t s : Mail R e g i s t r a t i o n : Yes ( A r t . 5 . 1 3 a ( l ) ) . R e g i s t r a t i o n a t P o l l i n g Place: Curbside Voting: No p r o v i s i o n s were found. W p r o v i s i o n s -re found. Yes ( A r t s . 8.28 and 5 . 0 5 ( 3 c ) ) . Assistance a t Polls: (1) Absentee b a l l o t s - p e r s o n a l appearance: by t h e c l e r k o r deputy c l e r k o r any q u a l i f i e d v o t e r of t h e s u b d i v i s i o n i n which t h e e l e c t i o n i s h e l d , s e l e c t e d by t h e v o t e r ( A r t . 5 . 0 5 ( 1 5 ) ( a ) ) . - mail: ( 2 ) Absentee b a l l o t s by any person 1 8 y e a r s of age o r o l d e r s e l e c t e d by t h e v o t e r ( i b i d . ) . (3) v o t i n g machines and (4) e l e c t r o n i c v o t i n g systems: o r a person s e l e c t e d by t h e v o t e r (Art. 7.14(15), e l e c t r o n i c v o t i n g systems). Two e l e c t i o n o f f i c i a l s v o t i n g machines; Art. 7.15(14), T w e l e c t i o n o f f i c e r s of d i f f e r e n t p o l i t i c a l p a r t i e s o r any q u a l i f i e d v o t e r (Art. 8.13). Note: No person may a s s i s t more t h a n f i v e v o t e r s a t any e l e c t i o n , but t h e r e a r e e x c e p t i o n s f o r e l e c t i o n o f f i c i a l s , v o t e r s ' r e l a t i v e s , and t h o s e a s s i s t i n g Spanish-speaking v o t e r s i n o r d e r t o comply with t h e Voting Rights Act(Art. 1 5 . 3 0 a ) . S t r u c t u r a l A c c e s s i b i l i t y of P o l l i n g P l a c e s : Miscellaneous P r o v i s i o n s : No p r o v i s i o n s were found. Procedures f o r o b t a i n i n g emergency a b s e n t e e b a l l o t s a f t e r t h e c l o s e of t h e r e g u l a r a p p l i c a t i o n period a r e set f o r t h a t Art. 5.05(3e). UTAH Source: Utah Code Annotated, 1976 main volume and 1981 Pocket Supplement. -Who Can Vote by Absentee Ballot: - Any qualified elector who has complied with the law in regard to registration, and who on the day of election is disabled (sec. 20-6-1). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: Yes (sec. 20-2-7). Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 20-7-24). Assistance at Polls: By two election judges of different political parties (generally); or any qualified elector (blind voters) (sec. 20-7-24, generally; sec. 20-18-14, voting machines); the same two election judges may not together successively act as assistants (sec. 20-7-24). Structural Accessibility of Polling Places: No provisions were found. VSR:13NT Source: Vermont Statutes Annotated, 1968 main volume, 1981 Pamphlet and 1982 Noncumulative Pocket Supplement, Title 17. Who May Vote by Absentee Ballot: Any legal voter unable to vote in person by reason of illness, injury, or physical disability (sec. 2542(b)]. Doctor's Certificate Required: 2539(b) ) Yes, for permanently disabled voters (sec. . Notarization of Absentee Ballots: No provisions were found. Mail Registration: No provisions were found. Registration at Polling Place: Curbside Voting: No provisions were found. Yes (sec. 2502(b)). Assistance at Polls: By two election officers (generally), or any person chosen by the handicapped voter who is a legal voter of the town in which the polling place is located (blind voters) (sec. 2569(a)). Pairs of justices of the peace visit ill or disabled voters to obtain ballots and, if necessary, assist with voting (sec. 2538). Structural Accessibility of Polling Places: Yes (sec. 2502(b)). Miscellaneous Provisions: Assistance to absentee voters (sec. 2542(b)). An absentee ballot will be delivered to a handicapped voter by the justice of the peace unless the voter requests that the ballot be mailed (sec. 2539). When absentee ballot is delivered by Justice of Peace to a physically handicapped voter who cannot sign his or her name to the ballot the officer attests to the fact that the voter made the mark or take an oath (sec. 2541). VIRGINIA Source: Code of Virginia 1950 Annotated, 1980 Replacement Volume and 1952 Cumulative Supplement. Who May Vote by Absentee Ballot: Any duly registered person who is ill or physically unable to attend the polls on the day of election (sec. 24.1-227). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found; however, the ballot must be marked in the presence of a witness who then signs the ballot envelope (secs. 24.1-229, 24.1-232). Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: Yes (sec. 24.1-129). Assistance at Polls: By one of officers of election designated by the voter (generally), or any person designated by the voter (blind voters) (sec. Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: Disabled voters need not sign registration application (sec. 24.1-48). HJR 228, adopted February 29, 1979, directs the House and Senate Committees on Privileges and Elections of the State Assembly to continue their study of registration and voting procedures as they affect the handicapped and elderly. Source: Revised Code of Washington Annotsted, 1955 vnsin volme and 1953-1984 ---Pocket Part. Who May Vote by Absentee Ballot: Any duly registered voter (sec. 29.36. 910). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: No provisions were found. Mail Registration: No provisions were found. Registration at Polling Place: No provisions were found. Curbside Voting: No provisions were found. Assistance at Polls: 3y person of voter's choice, or two election officers of opposite political parties (sec. 29.51.200). Structural Accessibility of Polling Places: be made (sec. 29.57.010). "Reasonable efforts" must WEST VIRGINIA Source: West Virginia Code Annotated, 1979 Replacement Volume, and 1983 Supplement Who May Vote by Absentee Ballot: Any person who is duly registered and otherwise qualified to vote, who by reason of physical disability, illness, or injury will be unable to vote at the polls in the election (sec. 3-3-1). Doctor's Certificate Required: Yes (sec. 3-3-3, 3-3-5); however, one such certificate is sufficient for all subsequent elections in the case of a permanently disabled voter (sec. 3-3-2b). Notarization of Absentee Ballots: No provisions were found; however, absentee ballots voted by mail must be witnessed (sec. 3-3-5). Mail Registration: Any qualified person may register by mail. The application must be notarized (3-2-41). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By two election commissioners of opposite political parties (generally), or any duly registered voter designated by the voter (blind voters) (sec. 3-1-34); by two election officers of opposite political parties (voting machines) (sec. 3-4-21). Structural Accessibility of Polling Places: No provisions were found. Miscellaneous Provisions: The term "physical disability" for purposes of voting assistance means blindness or such degree of blindness as will prevent the voter from seeing the names on the ballot, or amputation of both hands, or such disability of both upper extremities that neither can be used to make cross marks on the ballot, or operate the voting machine, or confinement to a wheelchair which prevents or restricts the use of a voting machine (sec. 3-1-34). Handicapped voters need not sign poll book (sec. 3-1-34). Post-registration West Virginia (cont.) physical disabilities are to b e noted o n the registration form; a doctor's certification is required; this can be done by mail (sec. 3-2-25). v o t i n g a b s e n t e e b a l l o t s by m a i l ( s e c . 3-3-6). Assistance i n WISCONSIN Source: Wisconsin Statutes Annotated, 1967 main volume and 1982-83 Cumulative Annual Pocket Part. Who May Vote by Absentee Ballot: Any otherwise qualified elector who because of sickness, handicap, or physical disability cannot appear at the polling place (sec. 6.85). Doctor's Certificate Required: No provisions were found. Notarization of Absentee Ballots: Either notarization or signatures of two attesting witnesses (sec. 6.87(4)). Mail Registration: Yes (sec. 6.30(4)). (Also 6.30(2)). Registration at Polling Place: Yes (sec. 6.55(2)). Curbside Voting: Yes (sec. 6.82(1)). Assistance at Polls: By any other elector of the county or two election officials who are not of the same political party (sec. 6.82(2) and sec. 10.02(g)). Structural Accessibility of Polling Places: Wherever inspectors of election do not receive ballots at the door to a polling place, the polling place shall have at least one entrance which is accessible to persons in wheelchairs (sec. 5.25(3)). Miscellaneous Provisions: Indefinitely confined or disabled voters may make a single application to receive absentee ballots to all future elections (sec. 6.86(2)). Special procedures to be followed by those hospitalized with- in 7 days of an election are set forth at sec. 6.86(3). Source: Wyoming Annotate1d Statutes, 1977 Republication, and 1982 Cumulative Supplement. Who Can Vote by Absentee Ballot: Any qualified elector who cannot be pre- sent at his precinct polling place on election day because of illness, injury, disability, old age or religious tenets (sec. 22-9-102). ~octor 's Certificate Required : No provisions were found. Notarization -- of Absentee Ballots: Yes (sec. 22-9-111). Mail Registration: Yes, for absent or disabled voters; must be notarized (sec. 22-3-117). Registration at Polling Place: Curbside Voting: No provisions were found. No provisions were found. Assistance at Polls: By two judges of election of different political parties (sec. 22-13-113(a)). Structural Accessibility of Polling Places: No provisions were found.