National Federation of the Blind v. Lamone

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Maryland allows any voter to vote via absentee ballot. Plaintiffs filed suit under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act, 29 U.S.C. 794, against state election officials under federal law, alleging that marking a hardcopy ballot by hand without assistance is impossible for voters with various disabilities, and that they have therefore been denied meaningful access to absentee voting. Defendants argue that even if absentee voting is not fully accessible, the full accessibility of Maryland’s in-person polling places provides disabled voters with meaningful access to voting. The court concluded that defendants’ proposed focus is overbroad and would undermine the purpose of the ADA and its implementing regulations. Therefore, the court affirmed the district court’s conclusion that by effectively requiring disabled individuals to rely on the assistance of others to vote absentee, defendants have not provided plaintiffs with meaningful access to Maryland’s absentee voting program. The court also concluded that plaintiffs’ proposed use of the online ballot marking tool is a reasonable modification to Maryland’s absentee voting policies and procedures. The court agreed with the the district court that defendants have not met their burden to show that plaintiffs’ proposed modification - use of the online ballot marking tool - would fundamentally alter Maryland’s voting program. Accordingly, the court affirmed the judgment. View "National Federation of the Blind v. Lamone" on Justia Law