Section 209.10  Purpose

 

a)         The purpose of this Part is to establish minimum guidelines to be used in determining:

 

1)         whether a system of registration is accessible to handicapped and elderly potential voters; and

 

2)         whether facilities used as polling places in all elections are accessible to handicapped and elderly voters pursuant to the Federal "Voting Accessibility for the Elderly and Handicapped Act," Public Law 98-435 and Section 11-4.2 of the Election Code (The Act) (Ill. Rev. Stat. ch. 46, par. 11-4.2 as amended by Public Act 84-808, effective January 1, 1986).

 

b)         A system of registration, and a polling place, are accessible if the requirements of this Part are met.

 

Section 209.20  Definitions

 

For the purpose of this rules, the following definitions shall apply:

 

"Accessible" means "open to" or "available" as defined in Section 11-4.2 of the Act.

 

"Accessible Polling Place Facility" describes the combination of the various elements of the built environment as prescribed by this Part which allows entrance to, egress from and use of polling place facilities by handicapped and elderly voters.

 

"Accessible System of Registration" is one which is accessible to the handicapped and elderly as prescribed in this Part.

 

"Blend to a Common Level" refers to the meeting of two or more surfaces so that there is no abrupt vertical change in any of the surfaces which could create a tripping hazard or divert the direction of the caster wheels on a wheelchair.

 

"Built Environment" means a constructed surrounding.

 

"Circulation Route" means a continuous path of travel from the curb or parking area to the polling place building, into and through the polling place building to the voting area and includes both horizontal and vertical travel.

 

"Curb" means the inside boundary of the street, driveway or parking lot.

 

"Elderly" means any person who is 65 years of age or older as defined in Section 1-3(19) of the Act.

 

"Exterior Circulation Route" means that part of a circulation route from the curb or parking area to the point of entry to the polling place building.

 

"Handicapped" means any person who has a temporary or permanent physical disability as defined in Section 1-3(2) of the Act.

 

"Interior Circulation Route" means that part of a circulation route from the point of entry to the polling place building through the polling place building to the voting area.

 

"Passenger Loading Zone" is a place specifically provided outside of the vehicular traffic flow designed for the drop-off of pick-up of passengers from vehicles.

 

Section 209.30  Guidelines for Accessibility

 

a)         System of Registration

 

To be accessible to handicapped and elderly potential voters a system of registration shall provide an opportunity for each potential voter to register at the residence of such voter.

b)         Polling Places

 

To be accessible to handicapped and elderly voters a polling place must have at least one circulation route which meets the following criteria:

1)         Exterior Circulation Routes

 

There shall be at least one path of travel that shall have no steps or slope greater than 1:12 from the curb or parking area to an entrance of the polling place building and facilities.

A)        Walks and Sidewalks

 

i)          The narrowest unobstructed width of walks and sidewalks shall be 3'-0".

 

ii)         Walks and sidewalks shall be of a continuing common surface, not interrupted by changes in level steeper than 1:20 and inconsistent with Section 209.30(d).  Surfaces shall be firm and stable.  A firm surface is one that is made of concrete, brick, packed gravel, asphalt, wood or other manmade surface.

 

iii)        Walks with gradients steeper than 1:20 shall be considered as ramps and conform to the requirements of Section 209.30(d) of this Part.  Ramps on walks shall not be steeper than 1:12.

 

iv)        Walks with sustained gradients of no greater than 1:20 shall have level areas of at least 5' in length at intervals of not more than 110'.

 

v)         No rigid or hard object shall project into the space above a walk lower than 7'6" measured from the surface.

 

vi)        Wherever walks and sidewalks intersect with other walks and sidewalks, parking lots, driveways, or streets, the surfaces shall blend to a common level to allow smooth passage of wheelchairs. (See Appendix A)

 

B)        Parking

 

i)          If parking areas are provided, pursuant to a contractual agreement, as part of the premises used as a polling place by voters, they shall have parking spaces specifically for the handicapped and an accessible path of travel to the polling place building.  There is no requirement that parking be provided.  If passenger loading zones are provided, they shall be accessible to the handicapped and be close to the aforementioned path of travel.

 

ii)         If parking spaces for the handicapped are provided, they shall be marked to indicate that they are reserved for disabled drivers, using the International Symbol for Accessibility.  Such markings shall be placed on a pole or wall mounted and may be accompanied by markings painted on the surface (See Appendix C)

 

2)         Entrances, Doors and Doorways

 

A)        At least one entrance (exit) to the polling place building and rooms shall be accessible.  The accessible entrance to the polling place should be identified and marked using the International Symbol for Accessibility. But, such marking is not required for the facility to be considered accessible.  (See Appendix C)

 

B)        The floor on the inside and outside of each doorway shall preferably be level, but may slope no more than 1:50.

 

C)        Entrances shall have a minimum clear width of 2'-8".  This dimension shall be measured from the face of the door to the face of the door stop. Where double doors are used, at least one leaf shall allow a 2'-8" clear opening.  (See Appendix B:  Illustration A)

 

D)        The minimum space between two hinged doors in a series shall be the width of the door swinging into the space plus 4'-0".  Door swings of doors in series shall open in the same direction.  Single doors hung in series shall be hinged at the same side.

 

E)        At vestibules where doors are at right angles to each other, the dimension between the wall with the inswinging door and the facing wall shall be 6'-6" minimum.  The minimum dimension in the other direction shall be 5'-0".

 

F)         If the specifications in Subsections (3), (4) and (5) above cannot be satisfied, then one of the two doors shall be securely fastened in an open position during the hours when the polling place is open. (See Appendix B:  Illustration B)

 

G)        The maximum height of thresholds at exterior and interior doors shall be ½".  Where there are differences in floor level between rooms or spaces, the threshold shall be sloped at no more than 1:20.

 

H)        Doors shall be operable without movements requiring a tight grasp, complex hand movements, or the exertion of great force.

 

3)         Interior Circulation Routes

 

A)        There shall be an accessible path of travel from an accessible entrance to the voting area.

 

B)        The voting area in the polling place building shall be served from an accessible entrance by at least one path of travel that does not have stairs or escalators.

 

C)        The minimum clear width of halls, corridors, passageways and aisles shall be 3'-0".

 

D)        No rigid or hard objects shall project into the space above a path of travel unless the dimension from the bottom edge of the object to the walk surface is at least 7'-6".

 

4)         Ramps

 

A)        If possible, alternative design solutions to ramps should be provided because of the substantial energy demands required to negotiate them by those in wheelchairs, plus the difficulties encountered by amputees and others with gait problems on ascent and descent.  Ramps shall allow unrestricted traffic flow, and be free of hazards.  All ramps constructed or temporarily installed in a polling place building shall meet the requirements of this Part.

 

B)        Any part of a circulation path shall be considered a ramp if it has a slope that is greater than 1:20.  The following table gives allowable slopes and maximum lengths.

 

Allowable Slope		Maximum Rise in a Single Ramp			Total Number of Ramp Segments Permitted		Maximum Length of a Single Ramp Segment			Total Length of Ramp Permitted
	1:8	6"			1		4' – 0"			4' – 0"
	1:10	9"			1		7' – 6"			7' – 6"
	1:12	2' – 6"			Unlimited		30' – 0"			Unlimited
	1:16	2' – 6"			Unlimited		40' – 0"			Unlimited
	1:20	2' – 6"			Unlimited		50' – 0"			Unlimited

 

C)        All ramps in a rampway shall have identical slopes. Ramps of 1:8 are permitted to be used where the election authority determines that existing physical constraints prevent the construction of more gradually sloped ramps and the requirements of Subsection (2), above, are met.

 

D)        All ramps with a rise greater than 9" shall have handrails on both sides.  Handrails shall be continuous along the ramp segment.

 

E)        Ramps shall have a minimum clear width of 3'-0".

 

F)         Ramps shall have level platforms at the bottom and the top of each run, at least 5'-0" long and be at least as wide as the ramp.  Intermediate platforms shall be 5'-0" minimum between each ramp segment.  See above Table for the maximum allowable lengths of ramp segments.

 

G)        Intermediate turning platforms shall be a minimum of 5'-0" in length and 7'-0" wide to allow wheelchair maneuvering through 180 degrees, and at least 5'-0" long in both directions for turns of 90 degrees.

 

H)        If doors open out onto the ramp platform, a level area at least 5'-0" deep and 5'-0" wide shall be provided.

 

I)         The ramp surface shall be slip resistant as set forth in 71 Ill. Adm. Code 400.1510(f).

 

J)         No object shall be hung from above or the sides that projects into a rampway lower than 7'-6" from the surface of the ramp or landing.  Below this height, no object shall project into a rampway other than the handrails.

 

5)         Elevators

 

            If elevators are necessary to access the voting area, the elevators shall be on an accessible route and shall comply with the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1-1978 and A17.1a-1979 and include no later amendments or additions.

 

Section 209.40  Determination of Accessibility

 

a)         The County Board or Board of Election Commissioners shall survey every polling place facility to be used throughout the jurisdiction to determine whether such facilities are in compliance with the criteria set forth in this Part.

 

b)         The survey shall be completed using the form prescribed by the State Board of Elections. This completed survey form shall be retained by the election authority for the period the site is used as a polling place. Copies of the survey shall be made available for public inspection and to the State Board of Elections upon request.

 

Section 209.50  Exemption Procedures

 

a)        

 

1)         A facility shall be considered to be a potential polling place when it can be leased for the hours needed on election day at the normal rate paid by the jurisdiction and meets the requirements of Sections 11-2 and 11-4 of the Act.

 

2)         If all potential polling place facilities have been surveyed and no accessible facility is available and the facilities which are available cannot reasonably be made temporarily accessible, due to budgetary and available manpower constraints, the election authority shall request in writing to the State Board of Elections that the existing polling place be exempt from the criteria set forth in this Part.  A separate request for exemption shall be submitted for each polling place not in compliance. Completion of a survey form is not required for facilities not used. Nothing herein shall require the installation of temporary ramps. (41 U.S.C. 1973ee-1(b))

 

b)         In order to be granted an exemption by the State Board of Elections, the written request shall:

 

1)         identify the polling place for which the exemption is requested;

 

2)         identify the provisions of this Part with which the existing site is not in compliance;

 

3)         describe the efforts made to locate a site in compliance with this Part;

 

4)         describe what continued efforts will be made to achieve compliance during the period that the exemption is in effect;

 

5)         be accompanied with a copy of the completed survey form; and

 

6)         bear the signature of the election authority.

 

c)         In order to be considered, a request for an exemption shall be filed within 10 days following the day the polling place is established by the County Board or Board of Election Commissioners, pursuant to Sections 11-2 and 11-4 of the Act.  However, in 1986, a request for an exemption for any previously established polling place shall be filed with the State Board of Elections not later than February 1 of that year.

 

d)         Within 10 working days following the receipt of an initial request for exemption, containing all information, forms and signatures required by Subsection (b) above, the State Board of Elections will grant a certification of exemption to the election authority for that polling place.  Such exemption shall be valid for a period of 2 years from the date of issuance.  If a second request for an exemption is submitted for a previously exempted polling place, the State Board of Elections shall respond in writing within 45 days following receipt of the request.

 

e)         If one or more disabled persons contact the State Board of Elections concerning a specific exemption, the Board shall work in cooperation with the election authority and the disabled persons in locating an available accessible facility.

 

f)         If the State Board of Elections is notified that an accessible facility which is a potential polling place as provided in Section 209.50(a) can be leased as a polling place by the election authority during the period that the exemption is in effect, Board staff shall verify the existence and accessibility of the facility. Upon verification by Board staff that the facility meets the requirements of this Part, written notification shall be sent to the election authority of the location of the accessible facility and of the fact that the requirements for an exemption for a polling place in that precinct are no longer met and that the previously granted exemption is no longer in effect.

 

g)         The election authority shall notify the State Board of Elections of the change in polling place facility within 10 days of the establishment of the new polling place.

 

h)         Upon the expiration of an exemption, no certification of exemption shall be granted by the State Board of Elections for any polling place in that precinct unless the Board determines that a potential polling place is not available and that no available facility can reasonably be made accessible.

 

i)          The decision of whether a potential polling place required by Subsection (h) above, is available shall be made by the Board after consideration of a non-binding recommendation made by a joint committee. That committee is chosen by the election authority subject to the following requirements.

 

1)         The election authority shall have one or more representatives;

 

2)         The joint committee shall have at least one handicapped member, provided one or more handicapped persons volunteer for membership; and

 

3)         One or more staff members of the State Board of Elections shall be appointed, subject to staff constraints.  In allocation of Board staff, preference shall be given to joint committees with no handicapped members.

 

            If no committee is formed, no exemption shall be granted by the Board.

 

j)          To allow for maximum participation on the committee by the State Board of Elections, the election authority shall notify the State Board of Elections of the need for a committee to be formed not less than 15 business days before the committee is scheduled to meet.

 

k)         Upon completion of its survey, the committee shall submit in writing to the State Board of Elections a report of its findings and a non-binding recommendation.  If the committee recommends that an exemption be granted, a petition for exemption and a copy of the completed survey form shall accompany the recommendation.

 

Section 209.60  Emergency Provision

 

a)         If an election authority has determined that an accessible polling place has become unavailable due to reasons such as discovery of previously-unknown leasing restraints, snow, fire, labor strikes, natural disasters or unforseen circumstances less than 30 days prior to an election, an emergency exists and this Part shall not apply.

 

b)         Any alternate polling place not in compliance with this Part shall be considered temporary and cannot be used in ensuing elections without an exemption from the State Board of Elections.

 

c)         Not more than 30 days following the election, the election authority shall notify the State Board of Elections in writing of the polling place change and describe the emergency which caused the alternate polling place to be used.

 

Section 209.70  Alternative Means for Casting Ballots at Inaccessible Polling Places

 

a)         In those instances where an exemption has been granted pursuant to Section 209.50 of this Part, or where an alternate polling place which is not in compliance with Section 209.30 of this Part is established under Section 209.60 of this Part, any handicapped or elderly voter who is prevented from entering the polling place shall be entitled to request that a ballot be delivered to such voter at the point where the voter is unable to continue toward the polling place.  However, no ballot shall be delivered to such voter beyond the farthest point of inaccessibility along the circulation route.

 

b)         The voter shall certify to the election authority not later than the close of business on the day before the election, on a form prescribed by the State Board of Elections, that he or she is unable to enter the polling place and that he or she is requesting that a ballot be delivered to the voter at the point where he or she is unable to continue toward the polling place.  However, no ballot shall be delivered to such voter beyond the farthest point of inaccessibility along the circulation route.

 

c)         Two judges of election, not of the same political party, shall deliver to the voter the appropriate ballot to which the voter is entitled, a portable voting booth or other enclosure that will allow the voter to mark his or her ballot in secrecy and a marking device. (Section 7-47.1(b) of the Act)

 

d)         In those instances where an established polling place has been moved after notice of the polling place location has been published by the local election authority, any handicapped voter may request that a ballot be delivered at a point where he or she is unable to continue toward the polling place; but in no case more than 50 feet from the entrance to the building in which the polling place is located.  This request can be made at any time up through and including election day.

 

e)         The voter must complete the entire voting process, including the application for ballot from which the judges of election shall compare the voter's signature with the signature on his or her registration record card in the precinct binder.  (Section 7-47.1(c) of the Act)

 

f)         After the voter has marked his or her ballot and placed it in the ballot envelope or security sleeve (or folded it in the manner prescribed for paper ballot), the 2 judges of election shall return the ballot to the polling place and give it to the judges in charge of the ballot box who shall deposit it therein.  (Section 7-47.1(c) of the Act)

 

g)         No assistance may be given to the voter in marking his or her ballot, unless the voter request such assistance and completes the affidavit required by Section 17-14 of the Election Code. (Sections 7-47.1(c) and 17-14 of the Act)

 

Section 209.75  Alternative Means for Casting Ballots at Accessible Polling Places

 

a)         Any handicapped voter who, because of structural features of the building in which the polling place is located, is unable to access or enter the polling place may request that a ballot be delivered to such voter at the point where the voter is unable to continue toward the polling place; but in no case shall a ballot be delivered to the voter more than 50 feet from the entrance to the building in which the polling place is located.  (Section 17-13(b) of the Act)

 

b)         The voter shall certify to the election authority not later than the close of business on the day before the election, on a form prescribed by the State Board of Elections, that he or she is unable to enter the polling place and that he or she is requesting that a ballot be delivered to the voter at the point where he or she is unable to continue toward the polling place; but in no case more than 50 feet from the entrance to the building in which the polling place is located.  (Section 17-13(b) of the Act)

 

c)         Weather permitting, two judges of election, not of the same political party, shall deliver to the voter the appropriate ballot to which the voter is entitled, a portable voting booth or other enclosure that will allow the voter to mark his or her ballot in secrecy and a marking device.  (Section 7-47.1(b) of the Act)

 

d)         The voter must complete the entire voting process, including the application for ballot from which the judges of election shall compare the voter's signature with the signature on his or her registration record card in the precinct binder. (Section 7-47.1(c) of the Act)

 

e)         After the voter has marked his or her ballot and placed it in the ballot envelope or security sleeve (or folded it in the manner prescribed for paper ballot), the 2 judges of election shall return the ballot to the polling place and give it to the judges in charge of the ballot box who shall deposit it therein.  (Section 7-47.1(c) of the Act)

 

f)         No assistance may be given to the voter in marking his or her ballot, unless the voter requests such assistance and completes the affidavit required by Section 17-14 of the Election Code.  (Sections 7-47.1(c) and 17-14 of the Act)

 

Section 209.80  Responsibilities of the State Board of Elections

 

The State Board of Elections shall:

 

a)         prepare a list of all polling places by election jurisdiction for which an exemption was granted. Such list shall contain the location of the polling place, the reason for the inaccessibility and the date the exemption was granted.  Such list together with the petition for exemption shall be a public record at the office of the State Board of Elections;

 

b)         within 2 days following the receipt of a written notification from the United States Attorney General or a person who is personally aggrieved by the noncompliance that an election jurisdiction is not in compliance with this Part, transmit a copy of the notification to the election authority. Upon receipt of this notice, the election authority shall make available to the State Board of Elections copies of the survey forms concerning the polling place facilities in question.

 

c)         not later than September 1 of each even-numbered year, verify the list of exemptions with each election authority; and

 

d)         not later than December 31 of each even-numbered year, report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places throughout the State on the date of the preceding general Federal election and the reason for any instance of inaccessibility.  (42 U.S.C. 1973ee-1(c))

 

Section 209.90  Registration and Voting Aids for the Elderly and Handicapped

 

a)         Each election authority shall make available registration and voting aids for elderly and handicapped individuals including:

 

1)         instructions, printed in large type, displayed in an unobstructed manner at each permanent registration facility and each polling place. (Section 11-4.3 of the Act)

 

2)         voting aids for visually impaired voters, such as a magnifying lens suitable to fit over the ballot booklet in each polling place, a sample ballot printed in large type, or sample ballot booklet pages printed in large type; and

 

3)         a large-handled stylus for punching the ballot in each polling place.

 

b)         Prior to each election, as part of the published notice of the location of the polling places for that election pursuant to Sections 12-1, 12-3, 12-4 and 12-5 of the Act, the election authority shall indicate those polling places which have been granted an exemption from the criteria set forth in this Part by the State Board of Elections.  Such notice shall indicate that a polling place is "inaccessible."

 

(Source:  Amended at 12 Ill. Reg. 10708, effective June 14, 1988)