The Sconi

A voter group opposed to the use of drop boxes for mail ballots is warning state and local governments whose boxes fail to meet federal guidelines covering the Americans with Disability Act (ADA) that they are exposing themselves to legal action.

"If your drop boxes do not meet the Department of Justice guidelines [covering the ADA], you are opening yourself up to being sued by the Department of Justice,” Lauren Bowman, director of media affairs for the Public Interest Legal Foundation (PILF), told The Sconi. “This is yet another reason not to have drop boxes in your state."

The PILF is based in Indianapolis. 

The DOJ has published six pages of ADA accessibility standards “to ensure that people with disabilities have a full and equal opportunity to participate in all government programs, including voting,” the foundation noted

The standards cover the accessibility of the pathways to a drop box, which include “Clear width no less than 36 inches” and “no changes in level greater than one inch [no steps, for example],” and “running slope in the direction of travel no greater than 1:20 (5.0%).”

The standards also cover the drop box handles and openings.

“Handle and opening are located between 15 inches and 48 inches above the floor or ground surface for an unobstructed forward or side reach,” the law reads, and “[The] handle is operable with one hand without tight grasping, pinching, or twisting of the wrist.”

In a recent tweet, PILF President J. Christian Adams warned election officials about drop boxes falling short of DOJ standards.

“Maybe you should reconsider those drop boxes," he said. "If they don’t meet DOJ guidelines, you might get sued by the Disability Rights and Voting Sections. One solution [is] don’t do drop boxes.”

The use of mail ballots and drop boxes exploded in the 2020 general elections during the height of the COVID-19 pandemic with more than 500 were available in Wisconsin. But PILF and other voter integrity groups allege that the boxes are unsecure, and their use invites fraud.

They also violate Wisconsin election law, a county judge ruled, a ruling that the state Supreme Court recently upheld, at least temporarily.