The (In)Accessible Vote: A Path Forward for NYC's Disability Community

How can accessibility be achieved in voting? It begins by understanding the barriers to equitable access. 

By examining the history of the struggle for people with disabilities to gain equality in this country, the state of the disability community in NYC, and the steps taken to make voting more accessible for everyone, we can look ahead to what’s needed for a more accessible future in this city and beyond. 

A Brief History: The Importance of the 504 Sit-In

The Rehabilitation Act of 1973 was the first-of-its-kind legislation to prohibit discrimination based on disability. The act defined disability as “any person who (A) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (B) has a record of such an impairment, or (C) is regarded as having such an impairment”. The Americans with Disabilities Act (ADA), which became law in 1990, would later use this language as the basis for a change broadening the meaning, and substituting “handicapped” for “disability.” 

Section 504 of the Rehabilitation Act was signed into law in 1973 (albeit after being vetoed twice). But it was not immediately and fully enforced, leaving people with disabilities without the necessary accommodations and access to public services. It remained unenforced for four years. This was in large part due to businesses and organizations lobbying against implementing Section 504, arguing that it was burdensome and unfair to expect them to implement accessibility or else lose federal funding.

During the historic 1977 protest known as the "504 Sit-in,” a group of people with disabilities staged a sit-in protest in multiple cities to demand greater accessibility and accommodations for people with disabilities. The longest occupation of a federal building was in San Francisco lasting 25 days. This protest progressed disability rights in America and helped eventually pave the way for future legislation.

Meanwhile, while people with disabilities enjoyed the right to vote, there were still barriers in place that made it difficult or impossible to show up and cast a vote on Election Day. But when The Voting Accessibility for the Elderly and Handicapped Act of 1984 was passed, it bridged the gap by requiring accessible polling places in federal elections or an alternate means of voting on Election Day.

In recent years, Rosa’s Law, adopted in 2009, replaced and condemned the use of the word “retardation” to define people with intellectual disability. It passed the house unanimously. The passing of this law signaled an acknowledgment of the pejoration of words and the dedication to change the narrative for people with disabilities. Words matter. We have made great strides as a community to challenge the use of language to control or mock people with disabilities and encourage change in the public perception of the use of these words.

The Disability Community in NYC and Beyond

Over 1 million, about 1 in every 6 New Yorkers, identify as having a disability, according to the Mayor’s Office for People With Disabilities. Despite this staggering number, in a sample survey from the Inevitable Foundation’s Research Institute, 66% of people with or without disabilities agreed there is little representation for people with disabilities in film or media.

But that is sadly the norm. Most private and public spaces are not made to include people with disabilities. The result? People with disabilities cannot show up to these spaces. Abled people assume people with disabilities either do not have interest in these spaces or do not exist within them. And so, the space continues to be inaccessible. Inaccessibility is a cycle.

Did you know? According to the New York City Council, there are 283 non-accessible MTA stations with no current funding plans. And 73% of the elevators are out of service. Furthermore, 96% of MTA websites don't comply with the Web Content Accessibility Guidelines (WCAG) version 2.1. 

There are five categories for barriers that people with disabilities face: physical, systemic, attitudinal, technological, and communicative. Examples of barriers can include a staircase into an entrance (physical), a stereotype (attitudinal), derogatory language in an old law (systemic), an inaccessible website (technological), or the lack of captions on videos (communicative).

In spite of the ways it can improve, New York is also one of only 22 states, along with the District of Columbia, that has a mental incompetence election law. [1] NYS Election Law § 5-106(6) states that people who have been judged incompetent by a court order shall not have the right to vote. When a court decides that a person with a Developmental Disorder (DD) is incompetent, it denies them their constitutional right to vote and supports the stereotype that people with DD do not have the capacity to make their own decisions. 

Voting Accessibility in NYC

Voting is a fundamental right. In fact, it is the 15th, 19th, 24th and 26th right in the Constitution. People with disabilities want to enjoy these same rights and liberties afforded to every citizen in this country, without difficulty or judgment. 

A survey conducted by The Center for the Independence of the Disabled survey found that just getting in the door at neighborhood poll sites remains a significant barrier to voting for people with disabilities.

A total of 64% of voter sites in NYC have one or more accessibility barriers identified by people with developmental disabilities. But there are many methods to make voting accessible for individuals with disabilities. For example: many city agencies provide free transportation to more than 77 polling sites. 

The Board of Elections (BOE) ADA Unit is dedicated to ensuring poll sites throughout the five boroughs are accessible to all voters on Election Day and throughout Early Voting. They ensure at least one Ballot Marking Device and one ADA Privacy Booth is installed at each poll site so everyone has the ability to mark their ballot privately and independently. Their implementation of Early Voting  has also helped in making voting easier as well. An accessible mail ballot is also available by request. 

Additionally, many independent and City entities, including the CFB, have been working to address poll site accessibility by acknowledging existing barriers and providing temporary accessibility when possible, canvassing to increase voter education, and providing educational opportunities or training to increase awareness for voter accessibility. A large part of the success in making voting accessible is simply showing up and being an ally. We volunteer and show up to events sponsored by and for the disability community so we can listen and take action where needed.

The CFB’s Accessibility Plan

In accordance with the Mayor’s Office for People with Disabilities and Local Law 12, the CFB has created a comprehensive Five-Year Accessibility Plan so we can best serve  voters. We plan to address aspects of accessibility based on the type of access needed: in the realm of physical, digital, programmatic, communication, and workplace improvements we can make to ensure a more equitable CFB. The plan is dedicated to taking action: what we can do to create a more accessible experience internally and externally.

The CFB Accessibility Plan gives realistic context and ideas for improvement. It stands as a commitment to creating an accessible avenue for voters from start to finish. To do this, we held space for the public to review and comment on the plan to ensure we are developing with the community in mind every step of the way. Communication is very important and without that line to the community, we would be directly failing in our agency's mission to make our local democracy more open, transparent, and equitable.

But this is just one step. There shouldn't be a checkbox approach to accessibility. We should instead try to listen and understand the nuances of what people need. Accessibility is not a one-time solution — it’s an ongoing dialogue requiring empathy and understanding.