NFB-C, CCB File Federal Complaint Against California’s Vote by Mail Requirement

Advocates for blind people and other groups of disabled voters in California say the state's rules require them to hand their ballot to another person to vote by mail. "California's paper-based ballot return requirement discriminates against voters with print disabilities because it requires these voters to unwillingly accept the assistance of others in order to vote by mail," lawyers for the National Federation of the Blind of California, California Council of the Blind and other groups said in a court filing in early April. They asked a federal magistrate in San Francisco to order the state to allow those with print disabilities -- blind or visually impaired people and others with physical or mental conditions that prevent them from filling out paper ballots -- to use fax machines or electronic equipment to return their ballots. They said 13 states provide that type of access, and California now allows it for some voters who are overseas or in military service. Visually impaired voters can use electronic devices to read and fill out their ballots. But those who want to vote from home must then print their ballot on paper, put it in an envelope and have it delivered. They "must rely on an assistant to return the ballot, and they may have no way to be sure that their assistant does not look at the printed ballot," the advocacy groups said. They said the system harms "the privacy and independence of their votes. The only current alternative, they said, is to vote in person, which requires some people to take time off from work or pay for transportation. "Our votes are neither secret nor secure when we must rely on third parties to assist us with printed paper ballots," Tim Elder, president of the National Federation of the Blind of California, said in a statement. "We simply seek a vote-by-mail solution that respects our right to vote privately and independently. The filing asked for a court order by Oct. 7 when election officials are scheduled to start mailing ballots to Californians.

(excerpted from San Francisco Chronicle, April 6, 2024)