JUN 16 1992 (b)(6) (b)(6) Orlando, Florida 32822 Dear Mr.

XX This letter responds to your complaint filed with our office under title II of the Americans with Disabilities Act (ADA). Title II of the ADA protects qualified individuals with disabilities from discrimination in the services, programs, and activities of a State or local government. You have requested an expedited determination from this office due to your need for a decision prior to June 22, 1992. You are seeking to be placed on the ballot as a nominee for State Representative for the 37th District to the Florida House of Representatives for the Democratic Party primary in September 1992. You contend that Florida's nomination process discriminates against you on the basis of your disability. In Florida, there are two methods for having one's name placed on a party's primary ballot for a State office. First, an individual can pay a qualifying fee, which is a percentage of the salary of the position sought. Fla. Stat. Ann. 99.092. In your case, you state that you are unable to pay the qualifying fee which would be $1600.00. Second, if an individual does not wish to pay the qualifying fee, he or she may qualify for placement on the primary ballot by the petition method by collecting signatures on petitions from three percent of the voters registered in the party in the district where the individual is running. Fla. Stat. Ann. 99.095. You allege that you need to collect 1072 signatures, which must be filed by June 22, 1992. Those individuals selecting the petition alternative, "... shall file an oath with the officer before whom the candidate would qualify for the office stating that he intends to cc: Records, CRS, Friedlander, Stewart, Foster :udd:stewart:XX ltr 01-00942

-2qualify by this alternative method for the office sought." Fla. Stat. Ann. 99.095(1). In addition, "[t]he oath shall be filed at any time after the first Tuesday after the first Monday in January of the year in which the first primary is held, but prior to the 21st day preceding the first day of qualifying for the office sought." Id. Once the oath is filed, an individual and his or her supporters may start collecting signatures from qualified registered voters. We have been informed by a representative of the Division of Elections, Florida Department of State, that the Division has never granted a waiver of the petition requirement because it has no authority to do so. You allege that you have numerous medical conditions that greatly affect your mobility. As compared to other potential candidates who may use the petition process, you claim that you are discriminated against because you cannot walk door-to-door to collect signatures due to your mobility impairment. Assuming for purposes of our analysis that you are a qualified individual with a disability, we conclude that the Florida law does not discriminatorily affect you because of your mobility impairment. Florida provides over five months to collect signatures. Individuals who seek nomination through the petition process are not required personally to collect the signatures. Rather, any individual may gather signatures on your behalf. Further, the Florida law does not require that an individual go door-to-door to collect signatures. An individual may gather signatures at any site where qualified registered voters congregate, such as shopping malls, public parks, recreational sites, public buildings, or other areas. In addition, according to the Division of Elections, an individual may mail petitions to potential supporters in his or her district for signing. Thus, an individual need not be able to walk in

order to collect signatures. The ADA provides for equality of opportunity, but does not guarantee equality of results. The basis for many of the specific requirements of the Department's title II regulation is the principle that individuals with disabilities must be afforded an equal and effective opportunity to participate in or benefit from a public entity's aids, benefits, and services. In this instance, we conclude that the Florida election laws conform to these requirements of title II with respect to your claims of discrimination. This letter constitutes our letter of findings with respect to your allegations of discrimination in your administrative complaint. If you are dissatisfied with our determination, you may file a complaint presenting your allegations of discrimination in an appropriate United States District Court under title II of the ADA. 01-00943 -3This letter does not address other potential claims of discrimination on the basis of disability that may arise under the Florida election laws. Rather, this letter is limited to the application of the Florida election laws to the allegations presented in your complaint. Under the Freedom of Information Act, 5 U.S.C. S 552, we may be required to release this letter and other correspondence and records related to your complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of your or other's privacy. Sincerely, Stewart B. Oneglia Chief Coordination & Review Section Civil Rights Division cc: Dorothy Joyce, Director Division of Elections

Florida Department of State 01-00944

FAXED TO: RITA CRAIG Item 0307198 From: (b)(6) 92/05/15 22:27


To: RITA CRAIG/1-202-3070595@FAX# GEnie FAX cc: XX XX Sub: Ballot and the ADA Act I am sending this message in accordance with a phone call to Wonder Moore on Last Wed., She mentioned that I should send this fax in care of the above name and she would pass it on to the right person for processing. Can you please confirm receipt by calling voice (b)(6)

(b)(6) and ask for (b)(6). Thanks! I wish to be placed on the ballot for the Democratic Nomination of the 37th State House District of Florida's House of Representatives. There are two alternative methods of being placed on the ballot. One is to pay a required fee, the second is to collect 1072 petitions and return them for certification. Being that I am disabled, and having severe difficulties obtaining the money required, and the petitions filled out I have requested that I be waived of both ways and be placed on the ballot with a waiver under the American with Disabilities Act Title 2. I have requested a ruling from the Florida Board of Elections and have yet to receive a satisfactory reply. Can this be looked into as to my rights of having my name placed on the ballot with a waiver of both methods? Sincerely yours, and awaiting your reply, (b)(6) *** END OF MESSAGE *** 01-00945