On Monday during a meeting of the joint Judiciary committee, lawmakers voted to advance a bill to the full Legislature that would allow those with physical disabilities to vote via electronic absentee ballot.
The bill would change the current West Virginia code definition of “disability” to align with the Americans with Disabilities Act, which defines physical disability as “a physical impairment that substantially limits one or more major life activities and renders a person unable to vote in person, at the polls, without assistance.”
Current code requires those in West Virginia who want to vote absentee due to disability to be blind, have trouble using their hands, or be “totally and permanently disabled.”
Donald Kersey, counsel for the West Virginia Secretary of State, told lawmakers it’s the right thing to do, it’s the legally required thing to do, and it will eventually be required by order of a court.
Kersey explained to lawmakers that Maryland and Ohio both faced lawsuits from disability rights groups over similar voting laws. In both instances, disability rights advocates prevailed in court.
Though not specifically addressed in the bill, the lack of internet access for many West Virginians was discussed. Staff counsel mentioned that those without access may eventually be able to vote via public internet.
