On Tuesday, the Justice Department released a report revealing that the state of Alaska is reportedly violating the Americans with Disabilities Act by not providing necessary access to disabled Alaskan voters.
In a recent news release, Assistant Attorney General Kristen Clarke of the Department’s Civil Rights Division emphasized that individuals with disabilities have been deprived of their basic rights and freedoms, including the chance to partake fully in the voting process.
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According to the federal government, Alaska has been accused of violating Title II of the Americans With Disabilities Act. This act mandates that all voting services, programs, and activities provided by states must be accessible to American citizens with disabilities.
According to Clarke, the ADA enforcement is a top priority for the Justice Department. She affirms the department’s full commitment to ensuring that individuals with disabilities have an equal opportunity to vote, just like any other person. This includes the right to vote privately and independently, without any hindrance.
In 1990, former Republican President George H.W. Bush signed the Americans with Disabilities Act, which prohibits discrimination against individuals with disabilities in areas such as building accessibility, voting, and employment. This act ensures that disabled individuals have equal opportunities and rights, without any form of discrimination.
Alaska officials have been accused of deliberately choosing polling places that are not easily accessible for federal, state, and local elections. In addition, they have been criticized for their failure to provide an accessible ballot for in-person voting and for maintaining an “inaccessible” elections website. These allegations raise serious concerns about the accessibility of the voting process in Alaska, which is a fundamental right for all citizens. It is important for the state to take immediate action to ensure that all voters have equal access to the ballot box.
On the same day, the Department of Justice (DOJ) released a notice in Alaska, while also filing legal documents in federal courts in Ohio and Alabama. The objective of filing these documents was to ensure the proper and consistent interpretation of voting laws that protect the rights of voters with disabilities.
The Justice Department’s investigation in Alaska revealed several shortcomings in the state’s election system. The report highlighted the state’s failure to furnish functional accessible voting machines and polling places without physical barriers. It also alleged that the state failed to ensure website accessibility, where voters could obtain essential election information such as voter registration forms, dates, and voting locations. These findings indicate significant gaps in the state’s efforts to provide equal access to voting for all Alaskans.
In 2022, a federal judge established that voters with disabilities in Wisconsin have the right to receive assistance from others to either mail their ballots or hand-deliver them to a clerk.
Following complaints from Alaskans with disabilities regarding issues with voter accessibility, the DOJ initiated an investigation into the matter.
According to the Justice Department, disabled citizens in Alaska allegedly faced difficulties in voting privately and independently due to the unavailability or malfunctioning of accessible voting machines. Additionally, they reportedly encountered inaccessible polling places and were unable to access crucial election information on the state’s election website. These reports suggest that disabled individuals in Alaska may have faced significant challenges in exercising their right to vote.
In 2020, the Alaska Supreme Court upheld a lower court’s decision to remove the state’s mandatory requirement for absentee ballots to be signed by a witness. This means that voters who choose to cast their ballots by absentee no longer need a witness to sign their ballots.
According to two Native American voter rights experts, voting in Alaska is hindered by external factors like the state’s vast size. This was highlighted in a recent op-ed published throughout Alaska.
Barbara Donatelli and Denise Juneau highlighted in the Anchorage Daily News that Alaska has implemented several policies to facilitate voting, such as allowing individuals to vote using a Tribal ID, fishing or hunting license, or an electric bill. However, due to the state’s vast geography and harsh weather conditions, establishing a precinct well in advance can be challenging, especially when faced with staffing and postal issues.
