Many of your county election officials may have received a charming little survey from Advocacy, Inc. recently. The survey, and its accompanying letter, seek an official answer about whether the responding county is implementing the provisions of 1 T.A.C. sec. 81.56, pertaining to alternative means of providing secret ballots to persons with disabilities. If you answer "yes," you seem to be conceding Advocacy, Inc.'s contention that compliance with the regulation is required in order to avoid violation of the ADA and the Rehabilitation Act. If you answer "no," the letter implies that you're violating the ADA and the Rehab Act, and that you'll be punished for your insolence. Also included in the letter is a caveat that if you don't respond by the deadline stated in the letter, your answer is deemed to be a "no." How do you respond?<BR><BR>[This message was edited by Scott Brumley on 10-22-04 at .]Answer "yes" (regardless of actual compliance with the regulation)Answer "no"Answer "go somewhere warm"Don't answer at allTell them you don't accept candy from strangers or requests for admissions from downstate troublemakers

Over the years when people send these types of inquiries and we hear about it we inform the requestor in writing that we will not answer these questions but that our refusal to answer may not be taken as anything other than what it is--our refusal to answer. After all the PIA does not require us to generate answers to questions from non-voting out of towners. Whether we generate answers to citizens of our county is a political matter, not a legal one. I think a survey like this was used a few years ago (4) to instigate some suits against certain counties.

Your poll leaves out the one very most likely result:

"Find out the answer that was given by your official(s) to whom letter was addressed after lawsuit is filed"



Disclaimer: Just so I don't get in trouble, let me make it clear that this last post is simply humor, and I have never had this experience with any client.well, at least not any current clients.
(although I do not know why I should worry--I always stay in trouble, because otherwise, I would be homeless with no where to stay )
[This message was edited by LV on 10-25-04 at .]

[This message was edited by LV on 10-28-04 at .]

[This message was edited by LV on 10-28-04 at .]