This document provides guidance to help understand the federal and state requirements for physically accessible polling places. However, this technical assistance does not constitute a legal interpretation of the statutes, regulations or other standards relating to physical access.
The Federal "Voting Accessibility for the Elderly and Handicapped Act", 42 USC Section 1973ee et seq. (The Act) was signed into law on September 28, 1984, and can be found in Appendix A. The purpose of the law is to ensure polling place access for elderly voters and voters with disabilities.
The Act uses the term "handicapped" to refer to persons with disabilities. To be consistent throughout these Guidelines and avoid any ambiguity, the term "voters with disabilities" is used rather than the term "handicapped."
Section 1973ee-1(a) of the Act requires all polling places for federal elections to be accessible to elderly voters and voters with disabilities.
Section 1973ee-6(1) of the Act requires "accessibility" to be defined in Guidelines promulgated by the Secretary of State.
Elections Code (EC) Section 12280 states, "When designating polling places, the elections official shall undertake necessary measures in the locating of polling places to ensure that polling places meet the guidelines promulgated by the Secretary of State for accessibility by the physically handicapped."
California regulations provide a comprehensive set of requirements covering important areas of accessibility for persons with physical and sensory disabilities. California's physical access regulations are contained in the California Building Code, which is found in Title 24 of the California Code of Regulations, Part 2, Volume 1, Chapter 11.
Please Note: Although these Guidelines contain the most current laws and regulations available at the time of publication, laws and regulations change. Before making a decision that may impact physical accessibility to polling places, county elections officials may view the relevant Sections of the most recent version of the California Building Code accessibility regulations at the Building Standards Commission's website: http://www.bsc.ca.gov/codes.aspx.
In addition, where this document uses the term "shall" that term means the action is required and where the document uses the term "may" that term means the action is optional, but recommended.
This update to the Guidelines and the Polling Place Accessibility Checklist reflects recent changes in the California Building Code. It is not intended to create non-compliance or determine inaccessibility of polling places that were previously considered accessible under the previous Guidelines.
The Secretary of State recommends that polling places considered not accessible under the previous Guidelines be resurveyed using the updated Polling Place Accessibility Checklist to determine whether facility upgrades or new standards in the Guidelines may increase accessibility of those locations.
The Act allows the United States Attorney General or any individual who is "personally aggrieved by the non-compliance" with accessibility requirements to bring an action for declaratory or injunctive relief in the appropriate district court (The Act, 42 USC Section 1973ee-4(a)).
It is the intent of the Secretary of State in promulgating these Guidelines that accessibility requirements are implemented and monitored primarily at the local level. Essential to this intent is the recommendation that each county elections official appoint and maintain a Voting Accessibility Advisory Committee (VAAC) to advise and assist the elections official in ensuring that the provisions of the Act are implemented.
Additionally, county elections officials may wish to refer to the Secretary of State's 'Top-to-Bottom Review of Voting Systems' findings for information about setting up voting booths and voting equipment to ensure accessibility for voters with disabilities.
To assist counties in communicating voter registration and related information to elderly voters and voters with disabilities, the Secretary of State will maintain and advertise a 24-hour, toll-free "text telephone" TTY number, which is (800) 833-8683.
Any county elections official that does not advertise the toll free number may wish to consider installing, maintaining, and advertising its own TTY number. This may also be met if a TTY is located in another office of county government, as long as the level of service is the same. Each county may wish to consider listing its TTY number and/or the Secretary of State's TTY voter registration and information number in every local telephone directory in which the elections office's public number is listed.
Voters can also access election information through the Secretary of State's toll-free voter hotline at (800) 345-VOTE (8683). Deaf and hard-of-hearing voters may call the toll-free voice line by dialing 711 for text relay service or by calling their preferred video relay service provider.
Election information is also available on the Secretary of State's website at www.sos.ca.gov/elections/.
When designating polling places, the elections official shall undertake necessary measures in the locating of polling places to ensure that polling places meet the Guidelines promulgated by the Secretary of State for accessibility by the physically handicapped (EC section 12280). Such measures include conducting an on-site inspection of each of its polling places, including a survey of the accessibility of each site using a Polling Place Accessibility Checklist (PPAC) provided by the Secretary of State and found in Appendix B or a checklist in substantially the same form provided by the Secretary of State. It is recommended that records of each polling place on-site inspection be kept on file and available for public inspection.
Each county elections official may identify and maintain records on more than one polling place in a voting precinct:
The Guidelines prepared by the Secretary of State are designed to meet the requirements of The Act as well as comply with state elections laws. These Guidelines rely upon state architectural and construction standards. Unless otherwise specified, all citations refer to the California Code of Regulations, Title 24, Part 2, of the California Building Code, as published in the Access Compliance Reference Manual prepared by the Division of the State Architect, Department of General Services.
Illustrations are taken from the February 2004 Americans with Disabilities Act (ADA) Checklist for Polling Places, prepared by the United States Department of Justice and from other sources. Relevant sections of the California Building Code, Title 24 can be found in Appendix C. The inclusion of the relevant sections does not constitute additional accessibility requirements above those contained in the Guidelines.
It is intended that these guidelines promote the goal of full access to polling places for elderly voters and voters with disabilities.
A PPAC is provided for use by county elections officials to determine if polling places meet the minimum accessibility standards established by these guidelines as provided for in the California Code of Regulations, Title 24, Part 2, of the California Building Code and other relevant laws and regulations.
Minimum standards for accessible polling places include requirements for:
Nothing in these Guidelines shall prevent a county elections official from enacting additional programs, procedures, or features to promote greater accessibility than the minimum standards provided in the Guidelines.
All polling places shall meet the accessibility requirements of the Guidelines except as outlined in this section.
When a polling place is determined to be inaccessible as a result of an on-site inspection, the county elections official shall make a reasonable effort to relocate the polling place to a site within the voting precinct that is accessible. In some cases, a polling place, while determined not to be fully accessible following an on-site inspection, may still be made accessible to elderly voters and voters with disabilities through the use of temporary modifications. When an accessible polling place cannot be located, county elections officials are permitted to attempt to modify the polling site for use on Election Day by using equipment, devices, or measures designed for temporary access. Possible Modification Techniques can be found in Appendix D.
The county elections official may attempt to modify a polling place by applying temporary measures to provide accessible features or to minimize physical barriers at any polling place. Equipment or measures used to modify areas of a polling place may be placed at arrival points, on the paths of travel throughout the polling place, at entryways, or within a voting area.
County elections officials may wish to consider having the equipment provided at polling places on Election Day evaluated by the local VAAC to determine whether it is appropriate for its intended purpose. The county elections official may also wish to consult with their County ADA Coordinator or local building officials for assistance in determining whether temporary modifications or measures are appropriate for use on Election Day to make the polling place as accessible as possible.
When it is determined that a polling place is not accessible or may not be modified to make it accessible on a temporary basis, the county elections official may either:
This review by the local VAAC may include consideration of temporary modifications taken to make the polling place as accessible as possible.
Although all available polling places in a voting precinct may be determined to be inaccessible, it is intended that all polling places be made as accessible as possible. Therefore, the county elections official shall, to the extent practicable, take the necessary steps (including the use of temporary modifying equipment or measures) to minimize physical barriers at each location used as a polling place (28 CFR Part D 35.150(b)(1)).
Elections Code Section 3018(b) authorizes "early voting" procedures to allow voters to cast ballots at locations designated as "satellite" election offices. Early voting polling places shall also be accessible or modified with temporary modifying equipment or measures according to the standards set forth in these guidelines.
Polling places found to be accessible based on the results of the PPAC may also be designated as accessible on sample ballots mailed to voters in the voting precincts (EC Section 13304).
Polling places determined to be inaccessible, but determined to be modified to be accessible may be designated as accessible on sample ballots mailed to voters in the polling precinct (EC Section 13304).
Polling places that are not accessible or cannot be modified to be made temporarily accessible, may be designated as inaccessible on the sample ballots mailed to voters in the polling precinct (EC Section 13304).
Each county elections official may wish to maintain a record, which contains substantially the same information as the Secretary of State's PPAC, of the accessibility of polling places in each voting precinct.
It is the intention of the Secretary of State in promulgating these Guidelines that accessibility requirements are implemented and monitored primarily at the local level. Essential to this intent is the recommendation that each county elections official establish a VAAC.
The following eight Sections are general concepts of physical accessibility for polling places. Although these concepts are not all inclusive, these Guidelines and the Polling Place Accessibility Checklist provide the technical details necessary to determine accessibility. Photographs and figures are for illustration only and do not constitute additional requirements of the Guidelines. The citations in the concepts that follow are from the California Building Code, California Code of Regulations (CCR), Title 24, Part 2, Volume 1, Chapter 11. The relevant Sections of the building code can be found in Appendix C for your reference. The inclusion of the relevant Sections does not constitute additional accessibility requirements above those contained in the Guidelines.
In addition to general concepts of physical accessibility, county elections officials may wish to consider additional measures to accommodate elderly voters and voters with disabilities on Election Day. Possible accommodations on Election Day can be found in Appendix E.