Americans with Disabilities Act Training July 14, 2020 Primary - - PDF document

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Americans with Disabilities Act Training July 14, 2020 Primary - - PDF document

7/ 1/ 2020 Americans with Disabilities Act Training July 14, 2020 Primary Run-off Election Americans with Disabilities Act Prohibits discrimination on the basis of disability Guarantees that individuals with disabilities have the


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Americans with Disabilities Act Training

July 14, 2020 Primary Run-off Election

Americans with Disabilities Act

  • Prohibits discrimination on the basis of

disability

  • Guarantees that individuals with

disabilities have the same opportunities to participate in public life

ADA: Title II Prohibits discrimination in all public programs, services, and activities.

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Today’s Training:

  • Definition of “Disability”
  • Communicating with Voters
  • Providing Assistance at the

Polling Location

  • Title II of ADA Requirements

Today’s Training:

  • Curbside Voting
  • Polling Place Requirements
  • Complaint Process
  • Harris County Policies

Disability:

Physical or mental impairment that substantially limits one or more major life activities.

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“Major Life Activity”

  • Speaking
  • Standing
  • Sitting
  • Lifting
  • Major bodily functions (neurological,

immune system, etc.)

  • Communicating
  • Walking
  • Reaching

Types of Disabilities

  • Neurological
  • Physical & Mobility
  • Speech
  • Learning
  • Mental
  • Hearing
  • Visual
  • Intellectual

Unseen Disabilities

  • Cancer
  • Mental Illness
  • Autism
  • Epilepsy
  • Arthritis
  • PTSD
  • Chronic Fatigue
  • Cystic Fibrosis
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Additional ADA Coverage

  • Someone with a record of such an

impairment

  • Someone who is regarded as having

such an impairment.

As poll workers, you do not make the determination of who has or does not have a disability.

Communicating with Voters

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Be Respectful to ALL Voters!

Communication with Voters

  • Never make assumptions.
  • Treat adults like adults.

Communication with Voters

Respect the privacy and independence of each voter.

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Communication with Voters

  • “Please let me know if you need

assistance.”

  • Do not be offended if someone

doesn’t want your help.

Communication with Voters

Use p erson-first language:

  • A person who uses a wheelchair.
  • A person who is blind/ visually impaired.
  • A person with a mental/ mental health

disability.

Communication with Voters

Each voter is a unique individual who deserves to be viewed as a whole person.

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Communication with Voters

  • When speaking with a voter who

requires an interpreter, address the v oter not the interpreter.

Communication with Voters

  • Do not distract a service animal or attempt

to pet them.

  • They are “working” for the

individual so it is important not to deter the animal from performing their duties.

Communication with Voters

  • Don’t touch or move

a person’s mobility device without the voter specifically requesting this.

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Communication with Voters

If a voter has a speech disability:

  • Don’t pretend you understand what’s being

said if you don’t.

  • Don’t guess what the voter wants to say or

finish their sentences

  • It’s ok to ask the person to repeat themselves
  • Avoid speaking louder or slower.

Communication with Voters

If a voter has a visual disability, provide conversation cues:

  • Identify yourself when you start to speak
  • Say goodbye when you leave the

conversation.

Treat ALL voters equally and with respect.

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QUESTIONS

Providing Assistance to Voters

TEXAS ELECTION CODE

Title 6, Chapter 64, Subchapter B Assisting Voter

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Voter Assistance

  • Reading the ballot to the voter;
  • Directing the voter to read the ballot;
  • Marking the voter’s ballot;
  • Directing the voter to mark the ballot.

Voter Assistance

  • Voters are entitled to receive assistance if:
  • Cannot read the language(s) the ballot is

written in;

  • Have physical disability that prevents them

from reading or marking the ballot.

Voter Assistance

  • A voter may be assisted by:
  • Any person the voter chooses who is

not an election worker, or

  • Two election workers.
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Voter Assistance

  • Voters may not be assisted by:
  • Their employer;
  • An agent of their employer; or
  • An officer or agent of their union

Voter Assistance

A non-election worker assisting the voter must take an oath that he or she will not try to influence the voter’s vote and will mark the ballot as the voter directs.

Voter Assistance 1. 3. 2.

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Voter Assistance

 If polling place officials assist, poll watchers and election inspectors may observe the voting process;  If person of voter’s choosing assists, no one else may watch him or her vote.

Voter Assistance

  • Person assisting voter CANNOT:

 Try to influence the voter’s vote;  Mark the voter’s ballot in a way

  • ther than the way they have asked;

 Tell anyone how the voter voted.

AMERICANS WITH DISABILITIES ACT

Title II Voting Requirements

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Title II of the ADA

Requires state/ local governments to ensure that people with disabilities have a full and equal

  • pportunity to vote.

Title II of the ADA

Applies to  ALL elections  ALL aspects of voting

Title II of the ADA

Voters with disabilities have the right to vote:

 In person  Independently and privately  At a polling location that is physically accessible  At a physically accessible voting booth

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Title II of the ADA

Voters with disabilities have the right to:

 Receive assistance from a person of their choice  Be provided auxiliary aids or services to ensure effective communication

Title II of the ADA

Voters with disabilities have the right to:

 Be provided reasonable modifications  Be treated courteously and with respect

Title II of the ADA

Voters with disabilities have the right to be accompanied by a service animal.

Exceptions:  Legitimate safety risk  Fundamental alteration

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Title II of the ADA

Election workers may exclude service animals only if:

  • 1. Dog is out of control and handler

cannot or does not regain control

  • 2. Dog is not housebroken

Title II of the ADA Harris County voters with disabilities have the right to vote in person. Reasonable Modifications

Title II requires the provision of reasonable m odifications to policies, practices, and procedures.

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Reasonable Modifications

 Providing a chair to a voter with a mobility disability as they wait in line.  Helping a voter who is blind navigate to the voting area.

Reasonable Modifications

 Voter should request a reasonable modification.  If a person’s disability and need for assistance are obvious, you may offer assistance.

QUESTIONS

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Curbside Voting Process Curbside Voting

Texas Election Code Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb.

Curbside Voting

Per Texas Election Code,

curbsid e v oting m ust be p rov id ed .

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Curbside Voting

  • Person monitoring the

receiver will respond and direct voter to the curbside voting area.

Curbside Voting

If JBCs have lines:

  • Mark the curbside voter’s place

in line with a green post-it found in your ADA folder.

  • Communicate with voter

regarding the wait.

Curbside Voting

  • Take ePollBook to the voter in

the curbside voting area.

  • Follow six-step process to

qualify voter.

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Curbside Voting

Process a curbside voter just as you process a voter inside the polling location.

Curbside Voting

  • Once the voter is processed,

take the ePollBook inside to scan the ballot style and produce an access code.

Curbside Voting

  • Judge will enter the

access code on the DAU and lock screen by pressing “HELP” button twice

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Curbside Voting

  • Disconnect the long cable from

the short cable.

  • Two poll workers should take the

access code and the DAU portable voting machine to the voter.

Curbside Voting

  • Instruct voter to press

“ENTER” to unlock screen

  • Can compare precinct number

to top of ballot screen

Curbside Voting

  • Curbside voter can request

assistance with reading or marking ballot.

  • Unless assisting, stand away

from the car while the voter casts their ballot.

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Curbside Voting

  • Gently reconnect the short

cable on the DAU to the long cable of the previous eSlate.

  • Forcing the connection will

bend the pins.

Curbside Voting Setup Curbside Voting Components

  • Buzzer
  • Voting area
  • Receiver
  • Monitor
  • Response
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Curbside Voting: Buzzer

  • BallotCall Max is a

polling location notification system consisting of a buzzer and a receiver.

Curbside Voting: Buzzer

  • Follow the instructions in the

ADA manual for how to assemble the buzzer station.

Curbside Voting: Buzzer

  • BallotCall buzzer system is mandatory

for every polling location.

  • Once the BallotCall buzzer has been

assembled and set up, place the directional “Curbside Voting” signs to direct voters to the buzzer

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Curbside Voting: Buzzer

Where should the buzzer be placed?

Curbside Voting: Buzzer

  • Buzzer and curbside voting

area do not have to be in the same place.

Curbside Voting: Buzzer

 Must be accessible to the driver from within the car.  Cannot block accessible parking, accessible routes, or curb ramps.  Should allow a curbside voter to drive through area where they can access political handouts.

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Curbside Voting: Voting Area

Misconception: That the accessible parking space(s) can and should be used as the curbside voting area

X

X

Curbside Voting: Buzzer

You CANNOT place the BallotCall buzzer in an accessible (handicap) parking space.

Curbside Voting: Buzzer

Why is this not correct?

Access Aisle Accessible Parking Space

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Curbside Voting: Buzzer Curbside Voting: Voting Area

  • Directional signs

will be provided.

Curbside Voting: Receiver

  • Set up receiver in area

where election worker can monitor all day.

  • Does not have to be in

the voting room.

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Curbside Voting: Receiver & Buzzer

Test the BallotCall Max! During setup, prior to opening polls, and throughout the voting period

Curbside Voting Troubleshooting BallotCall Max Curbside Voting

If buzzer isn’t functioning:

  • You m ust station a poll

worker in sightline of the BallotCall Max throughout the entire election.

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QUESTIONS

Accessible Polling Locations ADA: Title II Remedies

Individuals with disabilities must have the opportunity to be full participants in voting.

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ADA: Title II Remedies

The ADA’s provisions apply to all aspects of voting, including polling locations.

ADA: Title II Remedies

Polling location must be accessible —referring to the capacity of a building, parking space, voting room, or pathways to be utilized by an individual with a disability.

ADA: Title II Remedies

  • Harris County personnel survey

every polling location for accessibility.

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ADA: Title II Remedies

Temporary Measures:

  • Portable ramps
  • Door stops
  • Cord covers
  • Signage
  • Cones
  • Mats

ADA: Title II Remedies

ADA Checklist will be provided listing non-compliant items and remedies to be applied.

MANDATORY

ADA: Title II Remedies

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ADA: Title II Remedies ADA: Title II Remedies

All poll w orkers share responsibility for ensuring that the polling location has no impediments to voters fully accessing their right to vote.

ADA: Title II Remedies

ACCESS AISLE

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ADA: Title II Remedies ADA: Title II Remedies

To create an access aisle

ADA: Title II Remedies

Passenger Loading Zone

  • Not required if not provided
  • If is provided:
  • 5-ft wide access aisle
  • 8-ft wide vehicle space
  • Clear of obstructions
  • Connected to an accessible route
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ADA: Title II Remedies ADA: Title II Remedies

Accessible Routes:

The exterior and interior routes used by a voter to access both the polling location building and the voting room.

ADA: Title II Remedies

Directional signs must mark:

  • Van accessible parking
  • Accessible route from the

parking, drop-off area, public sidewalks, public transportation

  • Accessible entrances
  • Accessible route to the

voting area

Sign identifying route to accessible entrance Sign identifying main entrance is not accessible & direction to accessible entrance

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ADA: Title II Remedies

Accessible routes:

  • Three feet wide
  • Stable, firm, & slip

resistant

  • No protruding or
  • verhanding objects
  • No ground openings

greater than ½ inch wide

  • No abrupt level

changes greater than ½ inch

ADA: Title II Remedies

Exterior accessible routes:

  • Accessible parking area
  • Public transportation
  • Public sidewalks
  • Passenger loading zone (if applicable)

ADA: Title II Remedies

Temporary remedies for inaccessible exterior voter routes:

  • Re-routing to an accessible route
  • Placing mats with plates over gaps
  • Installing temporary ramps
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ADA: Title II Remedies

  • Election workers may place mats with

plates where there are gaps in the walkways.

  • The metal plate should be

placed first over gap, with HCCO stamp facing up.

ADA: Title II Remedies

  • Mats must be placed horizontally to

provide a three-feet wide route.

  • Ensure the ends

lay flat.

ADA: Title II Remedies

Temporary ramps may be installed when a route is interrupted with abrupt level changes.

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ADA: Title II Remedies

  • Checklist will identify whether County

is installing temporary ramp

  • Ensure ramp remains in place & free of
  • bstructions throughout election.

ADA: Title II Remedies

  • Place cones to block
  • ff the area around

the ramp

  • Do not p ush

v oters up the ra m p unless they a sk for such help .

ADA: Title II Remedies

  • Objects 27”-80” above the

floor cannot protrude more than 4” into the accessible route

  • Judge must place a cone

underneath or to either side of protruding object.

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ADA: Title II Remedies

Why must doors be propped open/ monitored?

  • Inaccessible door hardware
  • Not enough room inside vestibule
  • Door is too heavy
  • Area in front of door is not level
  • Not enough maneuvering space to open door

ADA: Title II Remedies

If a doorway threshold is too high, a threshold ramp or a landing with approach ramps will be installed on the low side of the threshold.

ADA: Title II Remedies

  • Accessible entrances must be unlocked

during voting hours.

  • If not, door must be propped open
  • r a poll worker stationed

throughout voting.

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ADA: Title II Remedies

  • Signs must be posted

at non-accessible entrances directing voters to accessible entrance.

Sign identifying route to accessible entrance Sign identifying main entrance is not accessible & direction to accessible entrance

ADA: Title II Remedies

  • Entrance and all doors must provide

minimum 32” clear width.

  • If door is too narrow and the

entrance has double doors, prop both doors open.

  • If the entrance contains a center

post, remove the post and prop doors open.

ADA: Title II Remedies Elevators/ Lifts

  • Test that elevators and lifts are

working properly. If not, call ADA Coordinator immediately.

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ADA: Title II Remedies Elevators/ Lifts

  • If your checklist requires you to post

a poll worker to operate the elevator

  • r lift, make sure they are present

throughout the entire election.

ADA: Title II Remedies

Voting Area

  • Floor surfaces must be stable, firm, and slip

resistant.

  • Voting stations and accessible voting machines must

be reachable by a voter using a wheelchair or other mobility device.

  • A 3-ft wide route with no abrupt level changes.

ADA: Title II Remedies

Voting Area

  • At least one DAU and one other voting

station must provide adequate clear floor space of 60” diameter

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ADA: Title II Remedies

Voter traffic flow – How voters:

  • Arrive at/ leave the polling location
  • Park or drop off
  • Move through the facility and voting area
  • Use a voting machine
  • Leave the voting area
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ADA: Title II Remedies

  • If electrical cords cannot be placed outside of

the accessible route, they must be covered with a compliant cord cover and affixed to the floor.

  • Floor coverings, such as cardboard, must be

removed or firmly affixed to the floor.

ADA: Title II Remedies

  • Election Day Surveyors, Subject Matter

Experts, and US Department of Justice teams will inspect locations to ensure that remedies are implemented properly.

  • Follow their instructions.

QUESTIONS

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Complaints: ADA Issues ADA Complaint Process

Notice to Voters w ith Disabilities posted twice:

  • In totem
  • Larger version (8½ ” x 14”)

at a level to be read by voter who uses a wheelchair.

ADA Complaint Process

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ADA Complaint Process

  • If a voter has an ADA-related complaint,

provide them with the Disability Complaint Form.

  • If requested, assist the individual with

filling out the form.

ADA Complaint Process

Harris County will:

  • 1. Investigate the complaint.

2.Provide a written determination with a resolution, if any. 3.Forward explanation of resolution to complainant within 20 days. 4.Maintain files and records relating to complaints.

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ADA Complaint Process

Appeals process:

  • 1. Complainant can request an appeal

2.Voters can be directed to HarrisVotes.com for the procedures and specific deadlines of the appeals process

Harris County ADA Handbook

  • Review the ADA Handbook

prior to serving as an election worker.

Thank you for attending today’s training!

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For More Information

  • U.S. Dept of Justice, ADA Checklist for Polling Places

https:/ / www.ada.gov/ votingchecklist.pdf

  • U.S. Dept of Justice, Solutions for Five Common ADA

Access Problems at Polling Places https:/ / www.ada.gov/ ada_voting/ voting_solutions_ta/ p

  • lling_place_solutions.pdf
  • U.S. Dept of Justice, The Americans with Disabilities Act

and Other Federal Laws Protecting the Rights of Voters with Disabilities https:/ / www.ada.gov/ ada_voting/ ada_voting_ta.pdf

  • Southwest ADA

http:/ / southwestada.org/

ADA Coordinator: Rachelle Obakozuw a 1001 Preston, 4th Floor, Houston, TX 77002 713-755-6965 | ada@cco.hctx.net