In Delaware, you have the right to the following as protected by federal law. Election staff must be trained on and respect these rights:
- Accessible voter registration
- Accessible polling places
- Policies and procedures that do not discriminate against you based on your disability
- Accessible, available, and operational voting systems, features
- Your service animal to accompany you inside the polling place
- The right to vote privately and independently or with assistance, if needed
- Assistance from a person of your choice, who can be a friend, family member, or poll worker (but not your boss, union agent or someone who has authority over you at work)
Federal law requires assistance in registering to vote from offices that provide public assistance or state-funded programs serving people with disabilities. Responsibilities include:
- Providing voter registration forms
- Assisting voters in completing the forms
- Transmitting completed forms to the appropriate election official.
- You may register to vote at any time, including at an early voting location or at your polling location on Election Day.
All aspects of voter registration must be accessible
- You may request assistance from a poll worker or receive assistance from a person of your choice with the following exceptions:
- your employer, an agent of your employer
- an officer or agent of your union
- A poll worker cannot force you to accept assistance. The poll worker cannot seek to persuade or induce you to vote for or against:
- any candidate
- any ballot question
Delaware law permits electronic ballots for physically disabled voters.
You can use U.S. Vote Foundation's tool to complete a standard absentee ballot application or by using Delaware election website. You may request electronic delivery compatible with accessibility software using Delaware's voter portal.
Federal law requires polling places to meet minimum compliance standards for individuals with special needs.
- The Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) requires accessible polling places in federal elections for elderly individuals and people with disabilities. Where no accessible location is available to serve as a polling place, voters must be provided an alternate means of voting in person on Election Day.
- The Help America Vote Act of 2002 (HAVA) requires at least one accessible voting system for persons with disabilities at each polling place in federal elections. The accessible voting system must provide the same opportunity for access and participation, including privacy and independence, that other voters receive.
If you want to check that your polling location meets these standards or find an alternative polling location, contact your local election official.
If you are unable to stand in line, you can:
- Request to be moved to the front of the line or refuse to be moved to the front of the line
- Request that a chair be provided or refuse to accept a chair
- Request to have your place in line held and notified when it is your turn
An accessible ballot marking device, ExpressVote XL, is available at all polling places. This can be used to make choices audibly or by a touchscreen display. It allows for alternatives such as:
- Audio
- Tactile keys
- Customizable displays
- The accessible ballot marking device, ES&S ExpressVote XL, is available at all polling places. This can be used to make choices audibly or by a touchscreen display. It allows for alternatives such as: audio, tactile keys, customizable displays, and sip and puff.
If you have any problems while voting, contact the Community Legal Aid Society at:
- (302) 856-2027 or [email protected]
You can alternatively fill out a Violation of Civil Rights Complaint Form and submit it to the US Department of Justice by one of the following methods:
- Online, through the form’s submission process - this is the fastest method.
- By fax at (202) 616-9881. You MUST include “ATTN: Civil Rights and Civil Liberties Complaints" at the top of your fax submission for it to be processed correctly.
- By mailing your form to:
U.S. Department of Justice
Office of the Inspector General
Investigations Division
ATTN: Civil Rights & Civil Liberties Complaints
950 Pennsylvania Ave., NW
Washington, DC 20530
For additional assistance, The National Network of ADA Centers can provide local contact information for other organizations you may wish to contact, including your Regional ADA Center or ADA Knowledge Translation Center, or Federal Agencies and Resources.
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