What is PAVA?

On Oct. 29, 2002, President George W. Bush signed into law a piece of federal legislation now known as the Help America Vote Act (HAVA) of 2002 which subsequently created a little known grant program called the Protection & Advocacy for Voter Access (PAVA) given to all states and territories except for the Commonwealth of the Northern Mariana Islands. Intended to provide technical and advocacy support on behalf of individuals with disabilities at federal polling places, PAVA funding would not be disbursed to the CNMI due to the fact that we did not have a federal election at the time of its inception. It wasn’t until 2008 when the first federal election was held locally for our very first non-voting delegate to the U.S Congress, Delegate Gregorio “Kilili” C. Sablan.

At present our office, the Northern Marianas Protection & Advocacy Systems, Inc. also known as NMPASI, is working with both the CNMI Congressional office and the National Disability Rights Network (NDRN) in hopes of identifying a simple legislative fix at the federal level to secure the PAVA grant for the CNMI. Sadly and as affirmed by Kilili’s legislative director, “Nothing is ever simple or easy with fixing federal legislation…even changing a coma can sometimes be challenging.” Still, we hold out hope that Kilili with technical support from NDRN can find a way to make it happen. As it stands, the legislative fix we seek would translate to a modest $35,000 per year for which NMPASI, as the state-designated agency for protection and advocacy services on behalf of individuals with disabilities, would be eligible to apply and administer for the CNMI.

What does PAVA do?

Basically PAVA requires states and territories to ensure access to voting for people with disabilities by providing the following:
• Accessible polling places;
• Accessible ballots;
• Accessible voting equipment;
• Independence and privacy while voting;
• Protection and advocacy systems to ensure HAVA compliance; and
• Assistance to people with disabilities at voting polls

NMPASI, in collaboration with the Commonwealth Election Commission, would further provide the following for people with disabilities to better access their right to vote:

• Information on HAVA legislation
• Resources on current election laws
• Information on how to register to vote
• Information on how to vote
• Information on eligibility requirements for voting
• Training and education on HAVA and election laws
• Advocacy to implement HAVA and other voting rights

What are my rights as a voter with a disability?
As a voter with a disability, you are entitled to the following:

• You have the right to vote
• You have the right to access your local polling place
• You have the right to cast a secret ballot
• You have the right to request assistance with marking and casting your ballot
• You have the right to cast an absentee ballot

What about voters with cognitive impairment?

In the CNMI, only the court may decide that an individual is not competent to vote. Persons assisting voters may not in any way try to influence the voter’s choices. Persons assisting voters must not mark the ballot if the voter cannot communicate his or her intent.

The general election for the CNMI is happening this November and despite the absence of PAVA, folks with special needs are still entitled to the above stated rights under the Help America Vote Act of 2002. If you have any questions regarding these rights, please do not hesitate to contact our Commonwealth Election Commission Office directly @ 664-VOTE (8683) or visit their website at www.votecnmi.gov.mp, and/or NMPASI @ (670) 235-7273/4 or visit our website at nmpasi.org.

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Jimmy Sablan is a program manager for the Northern Marianas Protection and Advocacy Systems, Inc.