Privacy for blind and visually impaired voters is the crux of the lawsuit filed Sept. 26 against the state of Michigan in Grand Rapids.
"In July, the Michigan Protection and Advocacy Service asked the Secretary of State to develop ballots in alternative formats for persons who were blind and visually impaired," said Amy Maes, an attorney with MPAS. MPAS, a non-profit, Lansing-based organization, alleges the state is violating federal law by not offering Braille or private audiotaped ballots, according to Associated Press reports.
Maes said the state's failure to provide ballots in alternative formats violates Title II of the ADA and Section 504 of the Rehabilitation Act of 1973. "Michigan's voting program is to vote by secret ballot and refusing to provide all persons in this state with that right, they have violated these federal laws," Maes said.
Currently the state allows disabled voters to utilize the services of trained or personal assistants while voting, but that practice violates secrecy. In its motion to dismiss, filed Oct. 28, the state claimed MPAS's request amounts to special treatment, which is not required by the ADA or Section 504. "There are times when I don't want to share an opinion or a political point of view with a family member or friend," said Rosemarie Facilla of Muskegon. Facilla often asks a person with similar political views to help her complete a ballot. She doesn't want a conflict with someone who disagrees with her choices.
Michael Hudson, Visual Characteristics Specialist at OPHS, indicated dissatisfaction with state and national voting procedures in general. "The ultimate solution for voting and making registering to vote accessible would be the use of new technologies, including telephones and computers," said Hudson.
For more information on the lawsuit, contact Amy Maes at MPAS, 1-800-288-5923.
AP sources were used in the preparation of this story.