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Civil Rights

Nov. 12, 2026

From hanging chads to digital divides: The next battle over ballot access

A federal court's ruling that California's vote-by-mail system discriminates against voters with print disabilities sets up a clash between ballot accessibility and election security.

Steven G. Churchwell

Of Counsel
Buchalter APC

Email: schurchwell@buchalter.com

University of Tennessee COL; Knoxville TN

Steve is former general counsel for the California Fair Political Practices Commission. He has served as counsel to state and local initiative and referendum campaigns since 1988.

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From hanging chads to digital divides: The next battle over ballot access
Shutterstock

I will admit up front to being ambivalent about the Americans with Disabilities Act (ADA). My favorite hamburger place in Sacramento, Ford's, closed in 2012 after being sued by a "serial" ADA plaintiff and attorney. (The restrooms did not have enough space to turn around in a wheelchair.) The family owners could not afford the required changes to their small diner across from Land Park.

On the other hand, we as a society should, of course, do everything in our power t...

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