New York Resources for Voters with Disabilities

In New York, you have the right to the following items as protected by federal law and election staff must be trained to understand 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,
• 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 a candidate unless this person is your family member),
• Election Staff trained to understand the rights above.

According to the State of New York’s Voter Bill of Rights, New York voters also have the right to:

• Vote on a system that will count your vote,
• Vote privately and independently,
• Register Permanently - once you register, you are eligible to vote at a polling place in your county or city as long as you maintain eligibility (see “Who can register to vote” below),
• View a sample ballot before voting,
• Vote by affidavit if your name does not appear in the poll ledger, the voter registration or enrollment list, or you do not provide a proper ID when required.

Additionally, Legislation (S.253A/A.1144A) allows ballots with stray marks to still be counted as valid.

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
• All aspects of voter registration must be accessible

• You may request assistance from two poll workers from different political parties or receive assistance from a person of your choice with the following exceptions: your employer, an agent of your employer, or an officer or agent of your union are not allowed to assist you.
• You cannot be forced to accept assistance from a poll worker
• If you receive assistance in the voting booth, your assistant will be required to sign an oath stating that they will not try to influence you.
• You may designate a person to return your ballot to your local election official.

• US Vote Foundation provides assistance with filling out the English Absentee Ballot Request Application
• A Spanish Language Absentee Ballot Request Application is also available for download
• If you need a ballot with accessible features, you may apply for one using the online Accessible Absentee Ballot Application
• You may designate someone to pick up your absentee ballot for you

• You can indicate on your absentee ballot application that you are permanently disabled. You will then receive an absentee ballot for every subsequent election without filling out another application.
• Voters with visual disabilities can request an accessible absentee ballot (also available in Spanish).
  • For questions about accessible absentee ballots, you can contact Jennifer Wilson in the Board of Elections Public Information Office at (518) 474-1953 or [email protected]
• If you need access to a printer, contact your local library or printing/shipping/office supply store

Federal law requires polling places to meet minimum compliance standards for individuals with disabilities. 

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 is available at all polling places. This link to New York State Voting Machines provides details on the type of accessible voting machine used in your county. 

New York provides informational videos and transcripts for its accessible voting equipment. The three voting machines used are the ImageCast, DS200, and AutoMARK.

If you have a problem while exercising your right to vote, you can:

• File a complaint based on the Help America Vote Act. The form must be notarized and it must be submitted within 120 days of the incident,
• Contact the Election Hotline at the NY Attorney General’s office by completing this complaint form, 
• Contact the NY Board of Elections Vote Phone Bank at 1-866-868-3692,

You can also 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

Contact the National Network of ADA Centers who 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.

• Voter Registration or Absentee Ballot Request
• Election Dates/Deadlines
• Election Official Directory
• US Vote Foundation's Voter Help Desk
• Verified Voter Accessible Voting Machine Search
• Department of Justice Civil Rights Violation Complaint Form