Effective Curbside Voting as Defined by DOJ
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In January, 2021, the US Department of Justice (DOJ) settled a lawsuit with the St. Louis, MO, Board of Election Commissioners (Board) regarding voting locations that were not ADA accessible during the 2019 election. One of the issues in the settlement was polling places where remediation of the polling place and relocation to another polling facility were infeasible.
If the Board asserts, and the DOJ agrees, that remediation and relocation to an accessible polling place location are infeasible, then the Board shall comply with Title II’s program accessibility requirements [28 C.F.R. Part 35, Subpart D] and provide absentee voting and effective curbside voting. Effective curbside voting includes:
signage outside of the location informing voters of the availability of curbside voting, the location of the curbside voting, and how voters can notify the official that they are waiting curbside
a curbside voting location that allows the curbside voter to obtain information from candidates and others campaigning outside the polling place
a method for the voter with a disability to announce their arrival at the curbside voting location without requiring the voter to bring a companion or get assistance from another voter (e.g., a temporary doorbell or buzzer system at the curbside voting location would be sufficient, but not a telephone system requiring the use of a cell phone or a call-ahead notification)
a prompt response from election officials to acknowledge their awareness of the voter at curbside
timely delivery of the same information that is provided to voters inside the polling place
a portable voting system that is accessible and allows the voter to cast their ballot privately and independently