Law and Order in the Ozarks (Part CXXX): Federal regulation of rural polling places

(c) Lisa R. Pruitt 2010
Murray Community Center, Newton County, Arkansas 
The sign on the post, facing the other direction, marks handicapped parking 

The June 9, 2021 issue of the Newton County Times features the headline, "Access to polls need addressed."  The story is about the interface of federal law and local government, specifically with regard to federal disability law, the Americans with Disabilities Act (ADA).  In the course of reporting the matter, the writer tells us something about how elections are financed and run in a small, rural county in Arkansas, i.e., the state provided "new voting machines and other equipment" last year; the number of polling places shrunk in the last election, amidst the pandemic.  The story also tells us that the county does have a legal adviser to assist it in responding to a federal communication regarding compliance with federal law.    

The Newton County Quorum Court [like a County Board of Supervisors] met almost a week earlier than normal to take care of some important business Tuesday night, June 1. The items on the agenda were a resolution and an ordinance required to answer a US Department of Justice (DOJ) warning that deficiencies under the Americans with Disabilities Act existed at some voting locations in the county.

Brad Brown, the county's legal adviser, said the DOJ sent a list of deficiencies to the county election commission, but the election panel does not have budgeted funds to address the problems. Most of them concern adequate parking, level pads and specified ramps necessary to provide wheelchair-bound voters unimpeded access to the polls. Corrections have to be made by the next regular election in 2022. The county is also required to appoint an ADA coordinator to make sure polling locations are accessible under the law.

Last year, the county received new voting machines and other equipment from the state. The election commission consolidated the more than 20 polling locations into 11 voting centers. Voters could vote at any of the centers even if they're not located in their home precincts. Some of those locations were new and weren't selected until shortly before the election.

Brown said he spoke with DOJ officials and they are willing to work with the county and election commission to ensure changes are made by the next election.

County Clerk Donnie Davis told the justices of the peace [the five elected officials who make up the the Quorum Court) that the election commission doesn't want to close any more polling sites. If locations can not be brought into compliance other locations would have to be found.

County Judge Warren Campbell said a bonded contractor should be hired by the county to ensure that the ramps and other facility updates are built to exact ADA specifications. He did not know what the cost would be for the work, but added that it has to be done. Money would have to be appropriated from the county general fund. It would be transferred into an election commission line item. Davis did not know if the state would assist in the work's funding.

The quorum court then passed the resolution agreeing to meet the DOJ directions and meet the ADA mandates.

It also voted to amend the county's 2021 budget ordinance regarding employees and compensation adding an ADA coordinator position that will pay $12 per hour.

Here is a fall, 2020 story about the county's voting plan, using "voting centers."  

In somewhat related news, the New York Times reported today that the Arkansas legislature, like that of various other states, is making moves to assert greater control over local elections.  It's not clear what impact this would have in a place like Newton County, which has minimal bureaucracy (election board?) but plenty of concentrated power. 

P.S. I've belatedly been made aware of this June 17, 2021 Arkansas Democrat-Gazette story about the Newton County voting matter.  It's written by Bill Bowden, who provides some helpful background not in the Newton County Times coverage, as well as an update on events:  The U.S. Department of Justice has reached a settlement with the county under Title II of the ADA:    

During election day on March 3, 2020, and early voting the previous day, inspectors from the federal government surveyed the county courthouse in Jasper, used during early voting, and all 18 of the county's polling places.

The settlement states: 

All of the polling places surveyed contained architectural barriers that rendered the facilities inaccessible to voters with disabilities, such as a lack of accessible parking areas and accessible routes due to gravel and grass ground surfaces; excessively sloped ramps, some without handrails and edge protection; numerous gaps and level changes along exterior routes; and protruding objects.

Bowden's story notes another important infirmity not noted in the local paper's story:  

Also, there was a lack of access to working voting machines at all polling places, according to the settlement.

[County Clerk Donnie] Davis said federal inspectors also determined that a wheelchair ramp at the county courthouse was too steep. He said they checked it with a level.

Here's a blog post I wrote 11 years ago about voting in Newton County.  Its focus was the rather more exciting topic of vote buying, which has a long history in Newton County.  Makes me wonder if that's what brought the DOJ inspectors to the county in March, 2020.  If so, I'm relieved that they found only ADA violations and no vote buying, though the malfunctioning voting machines are concerning, especially if they were new and recently provided by the State.