Duval County ordered to make voting accessible to all voters

Associated Press

 

JACKSONVILLE, Fla. - A federal judge has told Duval County to make provisions for visually or physically impaired voters by adding about 60 special voting machines in time for the August 2004 primary.

U.S. District Judge Wayne Alley said Supervisor of Elections John Stafford had violated the Americans with Disabilities Act by not providing handicapped accessible machines.

In a ruling made final Friday and released Monday, Alley ordered Stafford to supply the machines to 20 percent of Duval's precincts in time for the primary. They would be placed around the county in a plan to be approved by the judge with input from the plaintiffs.

Scott Makar, an assistant general counsel for the county, said officials were deciding whether to appeal. He estimated it would cost about $180,000 to $250,000 to buy machines.

Another problem is that the county uses an optical scan system produced by Diebold, and compatible touch screen machines produced by Diebold that can be used by impaired voters have not been certified by the state, Makar said.

After Florida outlawed punch card voting, Duval County went to the optical scan system, in which voters used a pencil to fill in a "bubble' on a card that is then read by a computer.

Although the order does not directly apply to 52 other counties with optical scan systems and seven counties with touch screen systems without audio capability, Makar said they could also be subject to lawsuits, which could cite this case as precedent.

The suit was filed in November 2001 by James Dickson, vice president of government affairs for the American Association for People with Disabilities. The final order affirmed a preliminary ruling made by the judge in January.

"This case has also had an enormous rippling effect" that eventually could help 10 million people "vote in a dignified and independent manner," Dickson said.

Representing the disabled group was the Washington, D.C., law firm of Howrey Simon Arnold and White, which did not charge for its services.

"We are pleased with this outcome. Scores of disabled voters will not be forced to go through the 2004 primary election without the benefits and opportunities of non-disabled voters," said J. Douglas Baldridge, a partner with the firm.

Secretary of State Glenda Hood, originally named in the suit, was ped in the final order.