TERRE HAUTE — A Terre Haute man says he is being discriminated against at satellite voting locations because of a disability, and according to federal disability law, he may be right.
Steve Tschida, 50, is blind, and needs assistance to vote. State law allows a voter with disabilities to designate a person to assist the voter in voting at an election. The law states that it applies to each precinct location as well as to absentee voting, but the law is not clear as to whether the law applies to satellite voting locations.
On Saturday, Tschida and his wife approached the satellite voting location in The Meadows shopping center on Terre Haute’s east side. When they explained Tschida’s disability and his need for assistance, they were told that he would not be allowed to vote because the law only applies to voting on Election Day, at a polling site.
Tschida said he had the same experience in 2004 at a satellite location, but thought perhaps it had been a fluke.
“The only thing I can say is that it just seems so unfair,” Tschida said during an interview in his home Thursday. “I just don’t understand in this day of equality and fairness in voting how this is the law.”
A deputy at the Vigo County clerk’s office who asked not to be named said the procedure at the satellite voting locations is legal and in accordance with state law.
“It’s not a matter of discrimination,” she said. “It’s not our policy. It’s state law that we have no control over.”
She said the law allowing a person with disabilities to appoint a person to assist is only applicable at a polling place.
“A satellite location is not a polling place,” she added.
She said there are only three ways to vote absentee in Indiana: by mail, in-person absentee voting at a satellite location, and by confined voting, in which a person who is confined because of illness or disability can have a ballot brought to their home or place of confinement by officials who will help the voter cast their ballot.
The employee said that a disabled or elderly person may not receive assistance with early voting at a satellite location. Such assistance is only applicable on Election Day at a polling place, she said.
However, the Americans with Disabilities Act may supersede state law, even if the state law is not clear on the issue.
A call to the Disability and Business Technical Assistance Center of the Great Lakes ADA shed some light.
Peter Berg, with Technical Assistance and Employer Outreach at the DBTAC Great Lakes ADA Center, responded to Tschida’s question by saying, “The ADA requires state and local governments to make reasonable modifications in policy, practices and procedures, when necessary to afford someone with a disability an equal opportunity.
“And it would seem it would be very reasonable to allow [Tschida]’s wife to assist him [at the satellite location]. In fact, it would seem reasonable if he did not have his wife that one of the volunteers at the polling place, one of the officials, would have assisted him.”
Berg said in order for the state or local government to refuse Tschida’s request for accommodation, the government would have to demonstrate that his request would “fundamentally alter the nature of a program or would result in an undue burden upon the entity.
“In terms of Title II of the ADA, I think there is a clear responsibility to modify their policies to ensure access … ” Berg said.
Vicki Pappas, director of the Center for Planning and Policy Studies at the Indiana Institute on Disability and Community, said the situation Tschida and his wife faced Saturday could be a result of the law not having caught up yet with satellite voting.
Pappas said an advocate in Indianapolis with the Indiana Institute on Disability and Community is working with Indiana Sen. Patricia Miller, R-Indianapolis, “to revise the law to say it also applies to early voting.”
Pappas added, “It doesn’t make sense … they’re saying we don’t have to worry about accessibility except on Election Day, and that’s just not right.”
The employee at the Vigo County Clerk’s Office said if Tschida is “really upset,” he can try calling the Indiana State Legislature and “ask them to try to get the law changed.”
Indiana law also allows elderly voters and voters with disabilities to call the Hoosier Voter Hotline at 1-866-IN-1-VOTE (1-866-461-8683) if they wish to file a grievance about voting accessibility or to report possible fraudulent election activities.
No more information about the state law was immediately available from the Indiana State Election Division Office, as no one answered the phone and the voice mailbox was full.
Tschida says he still plans to vote on Election Day, Tuesday.
“I’m not wanting anyone to get in trouble,” he said. “It just doesn’t make sense.”
Deb Kelly can be reached at (812) 231-4254 or deb.kelly@tribstar.com.
Election 2008
October 30, 2008
Blind voter denied ballot, voting help
- Election 2008
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Vigo County election results
More than 44,000 ballots were cast Tuesday of the nearly 80,000 registered voters, giving Vigo County a 55.76 percent voter turnout. Voters who cast provisional ballots have until noon Nov. 14 to show proper identification in the clerk’s office. Members of the Election Board will certify the results by the end of Nov. 14.
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Obama triumphs, will be first black U.S. president
Barack Obama swept to victory as the nation’s first black president Tuesday night in an electoral college landslide that overcame racial barriers as old as America itself. “Change has come,” he told a huge throng of jubilant supporters.
- Ellsworth downs Goode in District 8 In a strong Democratic election year, U.S. Rep. Brad Ellsworth was re-elected Tuesday to a second term as the 8th District congressman representing southwestern and western Indiana.
- House District 44: Former Greencastle major wins A former Greencastle mayor will head off to the Statehouse come January, and she said Tuesday night she’s ready to go.
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YOUTH VOTE: Sarah Scott students elect Obama, Daniels
Tribune-Star
Students and staff at Sarah Scott Middle School voted to make Barack Obama president and Mitch Daniels governor during a mock election Tuesday. - Vigo picks presidential winner again Vigo County voters chose Democrat Sen. Barack Obama as president, maintaining its status as a “bellwether” county, picking the winner in every presidential election since 1892 with only two exceptions.
- Harrison Township opts to keep assessor Voters in eight precincts in Harrison Township opted to retain a township assessor under a referendum vote on Tuesday’s election ballot. That’s was good news to Mick Love, who will retain his elected seat as Harrison Township assessor. The final tally on Public Question No. 1 was 6,587 for a “yes,” which would remove the office, to 9,506 for “no” which would retain the office.
- House District 46: Tincher pulls out win The race between Democrat incumbent Rep. Vern Tincher and Republican challenger Bob Heaton for the Indiana House District 46 seat went down to the wire Tuesday night, with Tincher pulling out a win.
- Republican Daniels wins 2nd term as Indiana governor Republican Mitch Daniels defeated former Democratic congresswoman Jill Long Thompson on Tuesday to win a second term as governor, but he may need a supply of olive branches to advance his agenda if Democrats retain control of the Indiana House.
- House District 45: Borders wins close race The Indiana House District 45 race between incumbent Republican Bruce Borders and Democrat Rick Marshall was too close to call for much of the evening Tuesday, with the final outcome apparent near midnight.
- House District 43: Kersey remains in seat Rep. Clyde Kersey, D-Terre Haute, will remain in the Indiana General Assembly for another two years, as the 12-year incumbent defeated Republican challenger Ryan Cummins for the House District 43 seat.
- Clay County's turnout one for record books Clay County’s voter turnout was one for the record books, officials said Tuesday evening.
- Parke County incumbents retain their seats Parke County incumbents retained their seats in Tuesday’s election. Republican County At-large Councilmen Dale Gerrish and John Pratt will be joined by fellow Republican J.B. Butler, a newcomer who received more votes than Gerrish and Pratt. The three GOP candidates won over the three Democrats in that race.
- Nearly 64 percent of registered Vermillion voters cast ballots Vermillion County voters turned out in big numbers Tuesday to hand victories to Democrats up and down the ballot. Nearly 64 percent of registered voters turned out in the mostly rural county, which includes the towns of Clinton and Newport.
- Sullivan County votes Repbulican in national election For the second time in its traditionally Democratic history, Sullivan County voted Republican in the national election. Overall, Democrats saw unexpected upsets, incumbent Republicans lost a few offices, and voter turnout here was exceptionally high, as expected.
- Indiana State students await impact of their votes Ashley Roce sat in the Cunningham Memorial Library eating pizza with her friends, waiting to see the impact of her first vote in a presidential election.
- Indiana transplants watch from east coast Indiana has done what couldn’t have been predicted in 2004: It has gone Blue — and by so doing, the Hoosier state has broken its 44-year tradition of being a Red state, and helped put a Democrat in the White House.
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Voter turnout in Clark County, Ill., highest it's ever been
Voter turnout in Clark County, Ill., was the largest it has ever been, but it wasn’t as high as County Clerk Bill Downey had hoped for.
- Presidential election turnout down in Edgar County Despite an increase in registered voters for Tuesday’s election, turnout was lower than the last presidential election in Edgar County, Ill.
- Incumbents easily win school board seats Three Vigo County School Board incumbents readily won re-election Tuesday. In District 1, Mel Burks and Jackie Lower retained their seats, defeating Larry Faulkner. In unofficial results, Lower had 24,321 votes, Burks, 19,253, and Faulkner, 11,383.
- Democratic Commissioner Mason gets another four years Vigo County voters on Tuesday returned Democratic Commissioner Paul Mason for an additional four-year term as one of the county’s top executive officials.
- Rader wins Vigo judge Superior Court Divisioin 5 The winner of Vigo County judge for Superior Court Division 5 is Dr. Michael Rader. With 23,636 votes, or 56 percent, Rader defeated Republican challenger Dan Kelly, who earned 18,216 votes, or 44 percent. Totals are unofficial results from the Vigo County Election office.
- Allsup defeats Royer in Vigo Recorder race In a night that was friendly to Democrats, Nancy Allsup won the office of Vigo County Recorder, defeating Republican Bruce Royer. Allsup, with 26,486 votes, or 65 percent, celebrated her victory Tuesday night with friends and family at the Paradise Pavilion in West Terre Haute.
- Mansard wins another term as Vigo County clerk Democrat Patricia “Pat” Mansard has won another term as Vigo County clerk. Mansard, who has served as county clerk for 20 years, was busily working Tuesday night to finish up election results, but she took a minute to savor her win.
- FINAL: VIGO COUNTY ELECTION 2008 RESULTS Final election night results from Vigo County
- FINAL: VERMILLION COUNTY ELECTION RESULTS 2008 Election results from Vermillion County
- FINAL: CLAY COUNTY ELECTION 2008 RESULTS Election results from across Clay County
- FINAL: PARKE COUNTY ELECTION 2008 RESULTS Election results from Parke County
- FINAL: SULLIVAN COUNTY ELECTION RESULTS 2008 Results from Sullivan County
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NEW: Vigo County’s election record cited by Karl Rove
Karl Rove, the man credited with orchestrating President George W. Bush’s two successful campaigns for the presidency, reportedly singled out Vigo County as a place to watch tonight when election returns start coming in.
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