Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. Voting Rights I am a person with a disability and a registered voter. What rights do I have to ensure my access to and participation in the voting process? You are protected by the National Voter Registration Act (NVRA) of 1993. What is the NVRA? Congress enacted the NVRA of 1993 (often called the "Motor Voter Act") to enhance voting opportunities for every American and to remove the appearances of discrimination that historically have resulted in lower voter registration rates of minorities and persons with disabilities. The NVRA has brought new voices to the political process by making it easier for all Americans to exercise their fundamental right to vote. What does the NVRA say? The NVRA requires states to provide the following: "Motor Voter" Registration: Automatic voter registration simultaneous with motor vehicle driver's license application or renewal. Agency-based Voter Registration: Voter registration opportunities must be offered to each applicant for services, service renewal or address change through all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Applicants must be provided with a voter registration form, a declination form, assistance in completing the forms and assistance with forwarding the completed applications to the appropriate state official. Mail-in Voter Registration: Voter registration must be available through mail-in forms developed by each state and the Federal Election Commission. The NVRA places limitations on removal of voters from registration lists, specifically prohibiting purges for not voting. It allows voters to be removed from the registration rolls only at their request, because of criminal convictions, death or mental incapacity, or due to a change of address (provided that particular safeguards are followed). The NVRA also provides additional safeguards under which registered voters would be able to vote despite minor technical problems (voters who move within a district or a precinct will retain the right to vote even if they have not re-registered at their new address.). When did my rights under the NVRA begin? The NVRA generally became effective on January 1, 1995. Beginning August 1, 1994, states that had no voter registration or that permitted same-day registration at the polling place are exempt from the Act. These states are Minnesota, North Dakota, Wisconsin, Wyoming, New Hampshire and Idaho. A later effective date was allowed for states that would need to change their constitutions in order to comply with the NVRA and maintain a unitary registration system for both federal and state elections. These states include: Vermont, Virginia and Arkansas. Are there any other voting protections available to me? Yes. You are also protected under the Voting Accessibility for the Elderly and Handicapped Act (VAEHA). The VAEHA of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means for a person to cast a ballot on the day of the election. This law also requires states to make available registration and voting aids for voters who are disabled and elderly, including information by telecommunications devices for people who are hearing impaired (TDDs) which are also known as teletypewriters (TTYs). See Chapter 15 - Telecommunications For more information on these two laws, contact: Voting Section Civil Rights Division U.S. Department of Justice P.O. Box 66128 Washington, D.C. 20035 (800) 253-3931 www.usdoj.gov/crt/voting Endnotes: U.S. Department of Justice, Civil Rights Division www.usdoj.gov