BILL NUMBER: AB 2525 CHAPTERED 09/27/02 CHAPTER 950 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY MAY 29, 2002 AMENDED IN ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY APRIL 10, 2002 INTRODUCED BY Assembly Member Jackson (Coauthors: Assembly Members Alquist, Aroner, Cohn, Goldberg, Longville, Strom-Martin, and Washington) (Coauthors: Senators Karnette, Kuehl, and Vasconcellos) FEBRUARY 21, 2002 An act to add Article 2.5 (commencing with Section 19225) to Chapter 3 of Division 19 of the Elections Code, relating to voting systems. LEGISLATIVE COUNSEL'S DIGEST AB 2525, Jackson. Accessible voting systems. Existing law requires the Secretary of State to establish the specifications and the regulations governing voting machines, voting devices, and any software used, including the programs and procedures for vote tabulating and testing. The Secretary of State may not approve any voting system that does not fulfill statutory and regulatory requirements. This bill would impose a state-mandated local program by requiring the Secretary of State to adopt rules and regulations governing any voting technology and systems used by the state or any political subdivision that provide blind and visually impaired individuals with access that is equivalent to that provided to individuals who are not blind or visually impaired. It would require the Secretary of State to obtain recommendations from representatives of blind consumer organizations, experts in accessible software and hardware design, and other individuals or organizations the Secretary of State deems appropriate. This bill would further impose a state-mandated local program by requiring that at each polling place at least one voting unit approved by the Secretary of State provide access to individuals who are blind or visually impaired. This bill would provide that a local agency is not required to comply with this requirement unless sufficient funds are available to implement that provision. It would provide that funds received from the proceeds of the Voting Modernization Bond Act of 2002, from federal funds made available to purchase new voting systems, or from any other source except the General Fund, shall be used for that purpose. This bill would authorize any person injured by a violation of the requirements of this bill to maintain an action for injunctive relief, within specified time limits. The bill would not apply to voting by absentee ballot. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the "Accessible Voting Technology Act of 2002." SEC. 2. Article 2.5 (commencing with Section 19225) is added to Chapter 3 of Division 19 of the Elections Code, to read: Article 2.5. Accessible Voting Systems 19225. The Legislature finds and declares as follows: (a) Microchip and digital technologies are increasingly changing the way Americans vote. (b) State and political subdivisions are replacing antiquated voting methods and machines with computer and electronic-based voting systems, but nonvisual access, whether by speech, braille, or other appropriate means, is often overlooked in certifying and purchasing the latest voting technology. (c) Voting technology and systems that allow the voter to access and select information solely through a visual means are a barrier to access by individuals who are blind or visually impaired, thereby discouraging them from exercising the right to vote, the most fundamental right of citizenship in a free and democratic society. (d) Software and hardware adaptations have been created so that voters can interact with voting technology and systems through both visual and nonvisual means allowing blind and visually impaired people to cast a secret ballot and independently verify their vote. (e) In promoting full participation in the electoral process, the goals of the state and its political subdivisions must recognize the incontrovertible right of all citizens regardless of blindness or visual impairment to vote. (f) This right must include the opportunity for individuals who are blind or visually impaired to cast and verify their ballots independently. 19226. As used in this article: (a) "Access" means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. (b) "Nonvisual" means synthesized speech, braille, and other output methods not requiring sight. 19227. (a) The Secretary of State shall adopt rules and regulations governing any voting technology and systems used by the state or any political subdivision that provide blind and visually impaired individuals with access that is equivalent to that provided to individuals who are not blind or visually impaired, including the ability for the voter to cast and verify all selections made by both visual and nonvisual means. (b) At each polling place, at least one voting unit approved pursuant to subdivision (a) by the Secretary of State shall provide access to individuals who are blind or visually impaired. (c) A local agency is not required to comply with subdivision (b) unless sufficient funds are available to implement that provision. Funds received from the proceeds of the Voting Modernization Bond Act of 2002 (Article 3 (commencing with Section 19230), from federal funds made available to purchase new voting systems, or from any other source except the General Fund, shall be used for that purpose. 19227.5. In requiring nonvisual access pursuant to this article, the Secretary of State shall obtain recommendations from representatives of blind consumer organizations, experts in accessible software and hardware design, and any other individual or organization the Secretary of State determines to be appropriate. 19228. Compliance with this article in regard to voting technology and systems purchased prior to the effective date of this article shall be achieved at the time of procurement of an upgrade or replacement of existing voting equipment or systems. 19229. (a) A person injured by a violation of this article may maintain an action for injunctive relief to enforce this article. (b) An action for injunctive relief shall be commenced within four years after the cause of action accrues. (c) For the purposes of this section, a cause of action for a continuing violation accrues at the time of the latest violation. 19229.5. This article does not apply to voting by absentee ballot. SEC. 3. No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.