Blind Voters in Pennsylvania Win Court Challenge On Road to Fully Accessible Mail-In Voting and Receive Immediate Relief for June 2 Primary Election

Please Note:

When you send an email to the address ra-awib@pa.gov listed below to request your accessible write-in ballot, please add the following as a carbon copy (CC recipient of the email: vote@nfbp.org.
We need to track how many individuals make this request. Thank you very much.

For Immediate Release

May 28, 2020

Harrisburg, PA | On May 27, 2020, a federal District Court issued a preliminary injunction requiring Pennsylvania to provide an accessible option to blind voters who want to vote by mail for the primary election on June 2.

The lawsuit, Joseph Drenth and the National Federation of the Blind of Pennsylvania v. Secretary Kathryn Boockvar and the Department of State of Pennsylvania, 20-cv-00829 (M.D. Pa.), alleges that Pennsylvania violates the Americans with Disabilities Act and Rehabilitation Act by denying equal access to the absentee and mail-in ballot process to blind voters. The paper ballots used by Pennsylvania do not allow blind votes to vote secretly and independently, like other voters, and instead requires them to rely on sighted third-parties for assistance.

This violation of blind voters’ civil rights is particularly harmful for the upcoming June 2, 2020 primary since blind voters, like many others, do not want to risk their health and that of their loved ones by voting in person in crowded polling places. Plaintiffs filed a motion to require Pennsylvania to adopt an interim solution to provide accessible absentee and mail-in ballots to blind voters so they can vote in the June 2 primary.

Following a hearing yesterday, the court determined that the plaintiffs are likely to prevail on the merits because they “have been denied the benefits of a public program – in this case the ability to vote privately and independently without being physically present at a polling location – because of their disability.” Mem. at 12. The court also held that plaintiffs would suffer irreparable injury without a preliminary injunction “because they are effectively forced to choose between forfeiting their right to vote privately and independently or risking their health and safety by traveling to a polling place to vote in person.” Mem. at 13.

To obtain an accessible write-in ballot, an individual must:

  1. Be an eligible Pennsylvania voter who applied for an absentee or mail-in ballot by the May 26, 2020, deadline and has not yet submitted their voted ballot.
  2. Submit an email request to ra-awib@pa.gov for the accessible write-in ballot by 8 p.m. on May 29, 2020 . Include in the email the voter’s full name, date of birth and address where registered.
  3. Complete an accessible declaration electronically sent to them by the department and authenticate the declaration with a valid Pennsylvania driver’s license, a valid Pennsylvania state personal identification number or the last four digits of the voter’s Social Security number.

The department will electronically transmit via email to the requesting voter: (1) an accessible write-in ballot; (2) an accessible declaration form; (3) accessible instructions; (4) an accessible candidate list for the voter’s election district; and (5) a write-in envelope.

Using their screen reader software, voters with disabilities can then vote in the privacy of their own homes, print their voted ballot and return it to their county elections office. Their county must receive their voted ballot by 8 p.m. on June 2. A postmark is not sufficient.

The lawsuit will continue, and Plaintiffs will press for an online ballot system that is fully accessible to blind voters for use in all future elections beginning in November 2020.

Kelly Darr, Legal Director for Disability Rights Pennsylvania and co-counsel with Brown Goldstein & Levy, LLP for Plaintiffs, said that “We understand this is not an optimally accessible solution, but it is an option for blind voters to vote in secrecy and independently who otherwise might have had to vote in person – or forego voting altogether – during the COVID-19 pandemic. The National Federation of the Blind of Pennsylvania and their counsel expect to secure a fully accessible online ballot process in time for the November general election.”

For questions or comments, please contact:
vote@nfbp.org

Bureau of Blindness & Visual Services (BBVS) Position Paper

A few months ago, a group of people representing the blindness-related organizations in Pennsylvania, led by Steve Pennington of the Client Assistance Program, wrote a position paper for keeping the Pennsylvania Bureau of Blindness and Visual Services (BBVS) strong and independent. This paper presented the arguments against merging BBVS into the general disability vocational rehabilitation program. For those of you who will be attending the NFB of Pennsylvania convention in person or via the stream, Steve Pennington will be referring to this position paper in his presentations about how to help BBVS accomplish its purpose of helping blind and visually-impaired individuals attain employment.

Convention Online Registration

You can now register for the 2019 NFB of Pennsylvania Convention. If you register before midnight on September 30, the price of registration is only $15. On October 1, the registration price rises to $25, so do not delay. The meal prices will remain the same. For detailed information about the convention, please visit the Convention page. Register Now!

2019 NFB Washington Seminar

Monday, January 28, through Thursday, January 31, 2019

It is time again for us to take our concerns directly to our legislators in Washington, DC. For those that are not familiar with Washington Seminar, this is where 500 members of the NFB come together to present three to four issues important to the blind and disabled community to our federal Congressional representatives. In addition to meeting with members of Congress and Senators, Washington Seminar is the site of student seminars and meetings of many NFB groups and divisions.

To learn more about Washington Seminar, including the issues being presented and details for hotel room reservations, please visit www.nfb.org/washington-seminar.

2018 NFB of PA State Convention

The NFB of Pennsylvania 2018 State Convention will be held Friday, November 2 through Sunday, November 4 at:
The Atherton Hotel
125 S. Atherton St.
State College, PA 16801

Make your reservations now by calling the hotel directly at 814-231-2100 or 800-832-0132. To receive the special room rate, you need to mention the NFB of Pennsylvania when making your hotel reservation. The room block expires on October 1st, so don’t delay.

For additional information regarding to the state convention and to register, please visit our Convention page.

NABS Presents First Conference Call for Parents of Blind Children!

[From Arielle Silverman on Monday, October 11, 2010]
Attention All Parents!
Not sure about how your blind child is going to tackle classes such as Biology or Physics? Ever been curious about what majors and specialization blind individuals have had in the past? Do you believe that careers and learning about fields such as Science, Technology, Engineering and Math- (STEM), are “too difficult” or “dangerous” for your blind child? Do alternative techniques a blind person may use in such fields just baffle you?
If any of the above apply to you-
Please attend the Membership phone call, presented by the Membership Committee of the National Association of Blind Students.

[From Arielle Silverman on Monday, October 11, 2010]
Attention All Parents!

Not sure about how your blind child is going to tackle classes such as Biology or Physics? Ever been curious about what majors and specialization blind individuals have had in the past? Do you believe that careers and learning about fields such as Science, Technology, Engineering and Math- (STEM), are “too difficult” or “dangerous” for your blind child? Do alternative techniques a blind person may use in such fields just baffle you?

If any of the above apply to you-

Please attend the Membership phone call, presented by the Membership Committee of the National Association of Blind Students. We are going to cover concerns, techniques, and general information about how blind students can participate on equal terms with their sighted peers, especially in STEM fields.

Date: Sunday, October 17, 2010

When: 6:00 pm EST

Where: NABS conference line- (712)775-7100 Code: 257963#.

Why: TO learn and network with other parents of blind children and blind students who have experiences navigating through the STEM fields for the blind.

Our special guest speaker, Arielle Silverman, earned her Bachelor’s degree from Arizona State University in Biology. She will offer a very distinct perspective on how to navigate through what can be perceived as the very turbulent waters of STEM. Different opportunity, techniques, strategies and concepts will be discussed during the call.

We look forward to talking with you!

Kindest Regards,
Membership Committee
National Association of Blind Students

Arielle Silverman
President, National Association of Blind Students
Phone: 602-502-2255
Email: nabs.president@gmail.com
Website: www.nabslink.org