Disability Rights South Dakota conducts accessibility polling site observations on election day
Disability Rights South Dakota (DRSD) is the designated non-profit Protection and Advocacy agency in the state of South Dakota. Among the myriad of federal grant programs administered at DRSD, is the Protection & Advocacy for Voting Access (PAVA) program. This grant was established by the Help America Vote Act (HAVA).
On October 29, 2002, President Bush signed HAVA into law to establish, expand and improve access and participation in the election process by individuals with disabilities. One regulation under HAVA is that each voting precinct must offer at least one ballot marking device to enable individuals with disabilities to vote privately and independently. South Dakota uses the ExpressVote ballot marking device.
On November 5, 2024, under the PAVA program, DRSD employees visited numerous polling sites throughout the state to identify barriers for individuals with disabilities exercising their right to vote. DRSD staff applied the standards of the American Disability Act (ADA) accessibility guidelines for polling sites as well as HAVA regulations while conducting their observations.
C.J. Moit, DRSD’s PAVA program lead, stated overall most sites were accessible for individuals with disabilities facilitating private and independent voting. When possible, concerns observed by DRSD staff were addressed in real time with on-site elections officials.
Recurring issues included a lack of designated accessible parking and pathways both outside and inside of polling sites not allowing easy access for individuals with mobility devices.
There were also various issues identified regarding the ExpressVote ballot marking device. Oftentimes, the ballot marking device was situated in such a way that a person who uses a wheelchair or their mobility assistance would be unable to use the machine to vote. In other instances, the ballot marking device was exposed to the entire room, resulting in a situation where individuals were unable to vote privately.
Shockingly, at several polling places the ExpressVote was not present or otherwise operational for voter use whatsoever – a violation of the requirements outlined under both State statute and Federal law. One South Dakota county unilaterally decided to not set up the machine at any of their polling sites. DRSD staff will work with the Secretary of State office and local County Auditors to resolve identified concerns and ensure all voters with disabilities can exercise their right to vote privately and independently.
For inquiries about disability rights including voting accessibility, or if you have concerns of abuse, neglect, or exploitation of people with disabilities, please contact Disability Rights South Dakota at 1-800-658-4782 (605-224-8294 local) or visit their website at www.drsdlaw.org