Disability Rights New York
Disability Rights New York (DRNY) provides free civil legal and advocacy services to advance and protect the rights of people with disabilities across New York State. DRNY is committed to enabling those we serve to exercise their own life choices and fully participate in community life by engaging in both individual and systemic advocacy, targeting areas such as health care, housing, employment, community integration, education, prisoner rights, voter rights, and income maintenance.
THE CASE
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Jose Hernandes, et. al. v. New York State Board of Elections, et. al. SDNY 1:20-cv-04003-LJL; DRNY led a coalition of disability right groups and several New York voters with disabilities in filing a lawsuit against the New York State Board of Elections for excluding New Yorkers with disabilities from their Absentee Ballot program. >> Read the complaint
New York’s Absentee Voting program requires voters to fill out a paper ballot using a pen or marker and to return the ballot by mail. The plaintiffs have print disabilities (i.e. blindness, low vision, physical disabilities, learning disabilities), and are unable to independently mark a paper ballot. The Absentee Voting program provides no alternatives to accommodate individuals with print disabilities who vote from home. DRNY and its co-counsel assert that the plaintiffs should be provided as the lawsuit seeks with a fully-accessible absentee voting program, electronic ballot delivery, and secure electronic ballot return.
CASE UPDATES SINCE GRANT YEAR
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Plaintiffs and Defendants resolved the lawsuit on April 5, 2022, after negotiating terms for a year and a half. The New York State Board of Elections (NYS BOE) agreed to implement a state-wide uniform Remote Accessible Vote by Mail (RAVBM) absentee ballot system that allows voters with print disabilities the ability to request, receive, and mark an absentee ballot in an accessible way. NYS BOE will implement an RAVBM system that is HTML-based and managed by a third-party vendor. The system will meet all accessibility standards required under the settlement agreement. Defendants agreed to pay Plaintiffs’ attorney’s fees and costs of $400,000. DRNY received $161,474.52 of the award.
DRNY and co-counsel issued a press release of the settlement agreement. The press release contains links to the settlement agreement and the approved court order.
