Your Right to Vote Accessibly
Voting is one of the most fundamental rights in a democracy. Under the ADA, state and local governments must ensure that people with disabilities can vote privately, independently, and with the same convenience as everyone else.
This obligation applies to every aspect of the voting process — registering to vote, getting to and into the polling place, casting a ballot, and receiving election information.
The Department of Justice has made voting accessibility a priority enforcement area, filing numerous lawsuits and settlements against jurisdictions with inaccessible polling places.
Official Standard
28 CFR §35.130(a)
"No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity."
28 CFR §35.130(b)(1)(ii)
A public entity may not "afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others."
Polling Place Physical Accessibility
The physical building used as a polling place must be accessible to voters with mobility, visual, and other disabilities. The DOJ has developed a detailed checklist covering five key areas:
Important: If a building cannot be made accessible, the jurisdiction must relocate the polling placeto an accessible location — not simply offer curbside voting as the only option.
Accessible Voting Equipment
Every polling place must have at least one accessible voting machine that allows voters with disabilities to cast their ballot privately and independently:
- Audio ballots: Headphones and a tactile keypad for voters who are blind or have low vision
- Large display: Adjustable font size and high contrast for voters with low vision
- Sip-and-puff or switch devices: For voters who cannot use their hands
- Wheelchair-height booth: The machine must be positioned so a seated voter can reach all controls
Poll workers must be trained on how to set up and assist voters with the accessible equipment. An accessible machine that poll workers don't know how to operate is effectively inaccessible.
Official Standard
Help America Vote Act §301(a)(3)
"The voting system shall be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters."
Combined with Title II's program access requirement (28 CFR §35.150), jurisdictions must ensure that voting equipment enables private and independent voting.
Curbside Voting
Curbside voting allows a voter to remain in their vehicle or at the entrance while poll workers bring a ballot to them. It serves as an alternative — not a replacement for making the polling place itself accessible.
- Clear signage outside the polling place must tell voters that curbside voting is available and how to request it
- A doorbell, phone number, or visible sign-in area must allow the voter to notify poll workers they need curbside assistance
- Poll workers must bring the ballot promptly — voters should not have to wait significantly longer than in-person voters
- Privacy must be maintained — the voter should be able to mark the ballot without others seeing their choices
DOJ Guidance
The DOJ has stated that curbside voting alone does not satisfy the ADA's requirements. "The ADA requires that voters with disabilities be provided an equally effective opportunity to vote. Curbside voting may supplement but cannot replace accessible polling places."
Effective Communication at the Polls
The effective communication obligation applies fully to elections:
- Deaf voters: Sign language interpreters or written communication must be available if a voter needs assistance understanding ballot questions or procedures
- Blind and low-vision voters: Ballot information in large print, audio format, or Braille. The accessible voting machine should provide audio output for the full ballot.
- Cognitive disabilities: Plain-language instructions and patient, respectful assistance from trained poll workers
- Election websites: Voter registration portals, sample ballots, polling place finders, and election results must be accessible to screen readers and meet WCAG 2.1 Level AA
Absentee & Mail-In Ballot Accessibility
Absentee and mail-in voting must also be accessible:
- Application forms must be available in accessible formats (large print, electronic, Braille)
- Ballots should be available in large print and electronic formats that work with screen readers
- Envelope design matters — instructions printed in small type on complex envelopes can be a barrier
- Some jurisdictions offer electronic ballot marking tools that allow voters to mark their ballot on a computer before printing and mailing it
Common Violations
The DOJ's surveys and enforcement actions have identified these as the most common polling place accessibility violations:
Important Note
This guide provides general information about voting accessibility requirements under the ADA. Voting rights also involve the Voting Rights Act and state election laws. For legal advice about your rights or a specific accessibility barrier at a polling place, connect with an experienced ADA attorney.
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