ADA Frequently Asked Questions
Category: Title II: State & Local Governments
Question: #41
Does my polling place need to be accessible?
Answer:
It depends, but whether a polling place is located at a local library, school, fire station, church or other designated location, qualified people with disabilities must have equal access to vote even if the location is not fully accessible.
The 2010 ADA Standards contain requirements for temporary and permanent structures in the built-environment. At a polling place, this could apply to parking facilities, curb ramps, entrances/doorways, restrooms, waiting areas, ballot boxes, and other physical elements of the space. Some older facilities and elements that existed prior to the ADA may not meet the 2010 ADA Standards if they have not been altered since the law went into effect.
Even if a polling place is not accessible, Title II of the ADA still protects people with disabilities from program discrimination. Under this requirement, state and local government programs—when viewed in their entirety—must be accessible to people with disabilities even if their facilities are not accessible
Providing program access at a polling place could require physical changes to the facility or temporary modifications such as adding a ramp or providing accessible portable restrooms. Non-structural methods could also be used, like providing accessible mail-in voting or offering early voting at alternative accessible locations (e.g. a clerk’s office).
When choosing among available options, a public entity must prioritize methods that offer programs in the most integrated setting appropriate. This means that voters with disabilities should be given equal access to vote at the same time, through the same methods and at the same places as non-disabled voters, where possible.
Resources(s):
The 2010 ADA Standards contain requirements for temporary and permanent structures in the built-environment. At a polling place, this could apply to parking facilities, curb ramps, entrances/doorways, restrooms, waiting areas, ballot boxes, and other physical elements of the space. Some older facilities and elements that existed prior to the ADA may not meet the 2010 ADA Standards if they have not been altered since the law went into effect.
Even if a polling place is not accessible, Title II of the ADA still protects people with disabilities from program discrimination. Under this requirement, state and local government programs—when viewed in their entirety—must be accessible to people with disabilities even if their facilities are not accessible
Providing program access at a polling place could require physical changes to the facility or temporary modifications such as adding a ramp or providing accessible portable restrooms. Non-structural methods could also be used, like providing accessible mail-in voting or offering early voting at alternative accessible locations (e.g. a clerk’s office).
When choosing among available options, a public entity must prioritize methods that offer programs in the most integrated setting appropriate. This means that voters with disabilities should be given equal access to vote at the same time, through the same methods and at the same places as non-disabled voters, where possible.
Resources(s):
