Authors’ note: The disability community is rapidly evolving to use identity-first language in place of person-first language. This is because it views disability as being a core component of identity, much like race and gender. Some members of the community, such as people with intellectual and developmental disabilities, prefer person-first language. In this column, the terms are used interchangeably.
Disabled Americans continue to experience barriers to the ballot box. These barriers can include polling places that are not physically accessible, failure of polling locations to provide auxiliary aids and services for individuals with vision or hearing loss, lack of accessible voting machines and staff trained in the use of such machines, and more.
The good news is that during the last presidential election, in 2020, disabled people participated in record numbers. Nearly 62 percent of disabled voters participated in 2020 compared with nearly 56 percent in 2016. This was largely attributed to many states expanding access to voting by mail due to concerns around COVID-19. Disabled people experienced fewer barriers each major election cycle from 2012 to 2020. The bad news is that, more recently, this trend has reversed: The number of disabled voters reporting difficulties with voting increased from 11.4 percent in 2020 to 14 percent in 2022. This increase could be related to the increase in disabled people due to long COVID and other health issues, as well as the number of anti-voting laws enacted since 2020. Since the 2020 presidential election, 29 states have enacted more restrictive voting laws and state legislatures are introducing hundreds more every year.
The Biden-Harris administration’s Department of Justice (DOJ) has taken aggressive action on numerous occasions to ensure that state legislation and policies do not infringe on disabled people’s right to vote. This column summarizes some of these recent actions, helping shine a light on the barriers that voters with disabilities continue to face.
How to report a possible civil rights violation
The DOJ has an online submission form that individuals can use to report a possible civil rights violation, such as if they have been denied adequate voting assistance or accommodations for a disability at a polling place. The DOJ reviews these complaints and, if appropriate, may open an investigation to determine whether federal law has been violated.
Recent DOJ actions
The DOJ has evaluated polling locations across the country
Part of the DOJ’s enforcement mandate includes surveying polling locations to evaluate whether they are in compliance with the Americans with Disabilities Act (ADA), which “requires state and local governments and their election officials to ensure that people with disabilities have a full and equal opportunity to vote in all elections.” This includes ensuring that polling places are physically accessible, allowing voters who need assistance to have assistance, providing auxiliary aids and services, and more. The DOJ found violations of Title II of the ADA in Limerick, Maine Jefferson County, Kentucky Travis County, Texas Newton County, Arkansas and St. Louis, Missouri. Each location entered into a settlement agreement requiring it to remedy the violations by taking steps including making alterations to polling places to increase physical accessibility, adopting a nondiscrimination policy, and ensuring election workers are trained in ADA requirements.
The DOJ found 4 Texas counties in violation of the ADA
In November 2023, the DOJ found four additional Texas counties—Colorado, Runnels, Smith, and Upton—in violation of Title II of the ADA for maintaining election websites inaccessible to people with vision or manual disabilities. Visitors with disabilities could not identify where, when, or how to vote using the counties’ websites. In June 2024, the four counties agreed to take a series of actions including making all future and existing online election content accessible to people with disabilities, hiring an independent auditor to evaluate the accessibility of their websites, and soliciting comments and requests from website users about any accessibility barriers.
U.S. v. Los Angeles County
The DOJ filed a lawsuit against Los Angeles County in June 2023 arguing that the county violated Title II of the ADA by not providing disabled voters with an equal opportunity to its in-person voting services due to inaccessible vote centers and inaccessible curbside voting programs. On August 1, 2024, the DOJ reached a settlement agreement with the county requiring that the county work with an accessibility expert for three years, with the hiring process starting no later than August 15, 2024, to evaluate polling location selections and provide semiannual reports on findings.
U.S. v. State of Alaska
On June 17, 2024, the DOJ issued a letter of findings to the State of Alaska Division of Elections showing multiple ADA Title II violations that have resulted in significant barriers for people with disabilities trying to access their right to vote. These include inaccessible ballots, lack of accommodation services for individuals with print and hearing disabilities, inaccessible webpages, and inaccessible polling locations. Currently, the DOJ is waiting on a response from Alaska’s Division of Elections.
League of Women Voters of Ohio v. Frank LaRose
On June 17, 2024, the DOJ filed a statement of interest in League of Women Voters of Ohio v. Frank LaRose, a lawsuit addressing a 2023 Ohio law, H.B. 458. The law made it a fourth-degree felony to possess or return someone else’s absentee ballot unless you’re a specific relative or mail carrier. This negatively affects disabled people who may need assistance in returning their ballot. The DOJ stated the law violates Title II of the ADA, Section 208 of the Voting Rights Act, and other laws. The U.S. District Court for the Northern District of Ohio concluded that disabled voters who need assistance in returning a ballot are entitled under Section 208 of the Voting Rights Act to select a person of their choice to assist them, and it ordered that Ohio’s law cannot be enforced to contradict that right.
Carey v. Wisconsin Election Commission
In the case Carey v. Wisconsin Election Commission, four Wisconsin citizens wanted to vote but needed third-party assistance to return absentee ballots because of their disabilities. Because a recent court opinion indicated that state law prohibited such assistance, the citizens brought this case. On August 18, 2022, the DOJ filed a statement of interest emphasizing that the protections of the Voting Rights Act and Title II of the ADA are guaranteed “regardless of whether state laws otherwise limit such assistance.” Ultimately, the court agreed that disabled voters who need assistance in returning a ballot are entitled to such assistance under the Voting Rights Act and issued an order to ensure their rights would be upheld.
More can be done to protect disabled people’s right to vote
The Biden-Harris administration has taken a strong lead in pushing back against anti-voter legislation and policies, utilizing its powers to enforce the protections of the ADA and the federal Voting Rights Act. However, there is still more to be done.
Bills await action in Congress, including the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act, that have important provisions to help protect access to the vote for disabled people.
Additionally, a continuous project from the Center for American Progress reviews accessibility at the polls, and our research indicates that disabled Americans face insurmountable barriers to accessing their right to vote. The project allows for civic organizations in states to review accessibility at the polls.
CAP will analyze their reviews in order to provide a rating for each state. Over the past several months, 14 organizations have submitted their reviews. CAP continues to look for additional civic organizations to participate in order to have a rating for every state.
It is essential that the Biden-Harris administration continues to take aggressive action against states and local election boards that violate disabled people’s constitutional right to vote. These efforts, as well as congressional legislative efforts and DOJ enforcement, can ensure everyone, including disabled people, has fair and equal access to vote.
The authors would like to thank Sydney Bryant for fact-checking William Roberts and Ben Olinsky for their reviews and CAP’s Editorial, Art, and Legal teams for their guidance.
MiaaIves- Rublee is Senior Director, Disability Justice Initiative
Alex Cogan is Senior Manager, State and Local Government Affairs
Rebecca Mears is Director, Democracy
