Feds probe how state handles disabled voters’ ballots

Deirdre Daly, the U.S. attorney for Connecticut, stands with other federal officials while announcing a new public corruption task force on Wednesday, Feb. 4, 2015. (AP Photo/Dave Collins) Deirdre Daly, the U.S. attorney for Connecticut, stands with other federal officials while announcing a new public corruption task force on Wednesday, Feb. 4, 2015. (AP Photo/Dave Collins) Photo: Dave Collins / Associated Press Photo: Dave Collins / Associated Press Image 1 of / 5 Caption Close Feds probe how state handles disabled voters’ ballots 1 / 5 Back to Gallery

Federal authorities are investigating possible privacy and disability act violations in the way Connecticut’s towns and cities require handicapped Americans to vote in referendum elections.

Assistant U.S. Attorney Ndidi N. Moses sent a letter dated Feb. 1, to most, if not all, of the first selectmen, mayors and town managers of the state’s 169 municipalities informing them of the probe.

It advises them a complaint was filed contending violations of federal civil rights laws and Title II of the Americans with Disabilities Act of 1990.

Specifically, the allegation charges that voting by paper ballots, which are then segregated and hand-counted, violates privacy and secrecy requirements that are afforded non-disabled voters.

U.S. Attorney Deirdre Daly said her office is acting on a complaint “that certain cities and towns in Connecticut may not be in compliance with the Americans with Disabilities Act during referendum voting.”

As a result, she said her office sent letters to all Connecticut municipalities.

“Based on the results of the survey, we will determine if further action is necessary,” Daly said. “That action can range from guidance and training to the opening of individual investigations.”

Fred DeCaro III, Greenwich’s Republican registrar of voters and chairman of the Fairfield County Registrars of Voters Association for Connecticut, said he received the letter Tuesday.

Based on conversations with fellow registrars, he believes every municipal leader was mailed a copy.

“It is a very blanket request,” DeCaro said. “I have no idea why it was sent to Greenwich.”

That’s because DeCaro said Greenwich has not had a referendum vote that was separate from a general election in years.

“I suspect some of the smaller towns, particularly those that vote on budgets, have separate referendums,” DeCaro said.

However, DeCaro believes the state’s registrars followed instructions provided in the Office of the Secretary of State: Information Bulletin Issue 65 dated March, 2012.

The passage may clear municipalities of any wrongdoing, he said.

The following question and answer was published in the bulletin: “Is a municipality required to use the IVS (Interactive Voter Service) vote-by-phone system for stand alone local referenda that will not be conducted in conjunction with a May or November election in 2011?”

The response from Secretary of State Denise Merrill’s office was: “No. The Connecticut Attorney General has stated that the IVS vote-by-phone system need only be used during a primary, election or special election held in a municipality. This includes a primary, election or special election held in a state or municipal year.”

A voice message was left with Merrill’s office Tuesday seeking comment.

The IVS system often involves a phone hooked up to a fax machine at the polling place. It is used to amplify sounds for hearing-impaired voters as well as help visually-impaired voters cast their ballot.

A poll worker calls the system using their identification numbers then hands the phone to the voter. The voter listens to a line by line reading of the ballot in which numbers are applied to each candidate.

The voter then uses the telephone keypad to record a selection. Once completed a ballot is faxed back. Some of these can only be read by hand.

“There is an expense with these machines which require an active telephone line,” DeCaro said. “If a municipality has multiple referenda and elections, it’s best they keep the line active all year to avoid the suspension costs.”

DeCaro said Greenwich has 30,000 active voters but he can’t recall a single person using the system.

“We have 12 districts and the ballots might contain as many as 50 names,” he said. “It takes us a full day to sit and listen to the names read off.

“And he said it takes a long time for a voter to listen and select candidates.”