What Is the Voting Accessibility for the Elderly and Handicapped Act?

Voting is a fundamental right guaranteed to every American. However, polling places that lack easy access can make voting difficult or impossible for persons with physical disabilities. Polling site accessibility is a particular problem for older people, many of whom deal with mobility issues. 

Fortunately, the Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) and several other laws aim to make polling facilities accessible to all Americans. This article provides vital information about these critical civil rights laws. If you believe your right to vote has been infringed, contact a voting rights lawyer near you. 

What is the Voting Accessibility for the Elderly and Handicapped Act? 

In the 1980s, disability rights activists urged lawmakers to make voting more accessible for people with mobility issues. Congress passed the VAEHA, which requires states to make all polling places accessible to disabled and older voters. 

The VAEHA is needed today just as much as it was in 1984. According to the most recent Census Bureau data, about 27 percent of American adults have a physical disability. The Bureau found that difficulty with walking and climbing stairs was the most common disability. Sensory disabilities, such as blindness and deafness, are also quite common. 

The VAEHA’s inclusion of older Americans is deliberate. Disabilities – especially those related to mobility – increase with age. Although about seven percent of all U.S. adults have mobility issues, this number jumps to 15% for those over age 65 and 30% for people over 75. 

What Does the Voting Accessibility for the Elderly and Handicapped Act Do?

The VAEHA mandates that states make all polling facilities and “a reasonable number” of voter registration locations accessible. An accessible polling place allows people with mobility issues or who use mobility assistance devices (e.g., wheelchairs or crutches) to easily and safely enter. A church with steep steps and no ramps would not be considered accessible, but a building with ramps at least one entrance would begin to fit the bill. 

The VAEHA provides options for voters who find that their polling place is not accessible. The first option is to request reassignment to an accessible polling place. Voters can also ask for an alternative means of voting (e.g., a mail-in ballot) on election day. 

VAEHA also requires states to offer voting aids to people with sensory disabilities. Accessible polling places and registration facilities must display instructions in large print, and they must also provide telecommunications devices for the deaf (TDDs).

Who Is Covered Under the VAEHA? 

The VAEHA applies to older adults and disabled voters. The law defines older adults as people over age 65. Disabled voters are anyone with a temporary or permanent disability. 

Generally, the VAEHA does not require voters with physical disabilities to provide medical documentation of their condition. However, state election officers can ask for documentation for absentee ballot requests in some circumstances, such as when the official absentee ballot deadline has passed. 

How Is the VAEHA Enforced? 

The VAEHA provides two methods of enforcement. First, it allows the U.S. Attorney General to file a lawsuit on behalf of any voters affected by a failure to comply with the VAEHA. Second, the law allows private citizens to sue for law violations on their behalf. However, a private person cannot file a lawsuit unless they first tell the state’s election officials about the accessibility issues and give them 45 days to solve the problem. 

What Other Legal Protections Exist for Older and Disabled Voters? 

The VAEHA is not the only law that helps people with mobility issues exercise their right to vote. Several other federal laws work to make voting and registration accessible for everyone. Here are a few:

The Voting Rights Act of 1965 (VRA)

The VRA was passed to eliminate racial bias in voting and registration. However, amendments to the VRA added protections for those suffering from sensory and physical disabilities. The VRA states that a person with a disability may ask anyone of their choice to help them in the voting booth. 

The Americans with Disabilities Act of 1990 (ADA)

The ADA protects people with disabilities from discrimination in many settings. Regarding voting, the U.S. Department of Justice has created an ADA Checklist for Polling Places. The checklist requires many parts of polling facilities to be accessible, including: 

• Parking spaces
• Routes from parking to the entrance
• Entrances 
• Paths from the entrance to the voting area
• Voting booths

The National Voter Registration Act of 1993 (NVRA)

The NVRA makes voter registration more accessible for everyone. Under the law, state offices that provide services to people with disabilities must also offer voter registration services.  

The Help America Vote Act of 2002 (HAVA)

The HAVA mandates that any local government administering a federal election must use an accessible voting system. This means that the voting machine or process must be able to be used by people with physical or sensory disabilities in the same way that people without disabilities can. For example, under the HAVA, a person with visual impairment must be able to use the same machine privately and independently as a person without the impairment. 

What Should I Do if My Voting Rights Have Been Denied Due to Age or Disability? 

The VAEHA and the other laws in this article exist to ensure that the right to vote is available to all Americans. Your rights may have been violated if you were assigned to an inaccessible polling place. But you can fight to restore your rights. Use the LawInfo directory to find a voting rights lawyer near you.