The Justice Department announced today that it has filed statements of interest in federal courts in Ohio and Alabama to promote the correct and uniform interpretation of voting laws protecting the rights of voters with disabilities. These statements are part of the department’s ongoing efforts to ensure that the voting rights of all individuals, including those with disabilities, are safeguarded.
“No voter should be denied access to the ballot based on a disability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to vote is fundamental to our democracy, and the Justice Department will take action to safeguard that right for all eligible voters, including those with disabilities who need assistance casting absentee ballots.”
Private plaintiffs brought lawsuits in Ohio (League of Women Voters of Ohio v. LaRose) and Alabama (Alabama State Conference of the NAACP v. Marshall) challenging state laws that restrict how voters with disabilities may receive assistance or from whom they may receive assistance in casting an absentee ballot. The Justice Department’s statements confirm that Section 208 of the Voting Rights Act permits voters with disabilities who require assistance to receive it from any person they choose, provided that person is not an agent of their employer or union. Allowable assistance includes all actions necessary to make their vote effective, including casting an absentee ballot.
The department’s statement in Ohio also affirms that Title II of the Americans with Disabilities Act (ADA) requires public entities to provide equal opportunities for absentee voting and allows voters with disabilities to use an assistor of their choice as a reasonable modification.
“Every Ohio resident, disabled or not, has a fundamental right to vote. Ohio residents with disabilities should have the access and assistance they need to exercise that basic right of citizenship,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The Americans with Disabilities Act ensures that individuals with disabilities are provided reasonable modifications to undertake their ability to vote. Our office will continue its work to secure ADA protections for Ohio’s residents.”
“Every citizen has the right to vote without discrimination and have that vote counted in a fair and free election,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “It is important that those who have specific information about voter discrimination make that information available to my office, the FBI or the Civil Rights Division. The Justice Department will always work tirelessly to protect the integrity of the election process.”
More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. More information about ADA enforcement can be found at www.ada.gov. To learn more about the Civil Rights Division visit www.justice.gov/crt and report possible violations at www.civilrights.justice.gov or call toll-free at 800-253-3931.