Amended in Senate June 23, 2015

Amended in Assembly May 13, 2015

Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 683

Introduced by Assembly Member Low

February 25, 2015

An act to amend Sections 2053, 9082.7, and 13300.7 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 683, as amended, Low. Voting Accessibility Advisory Committee.

Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, as specified.

This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, begin insert as specified, end insert for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committee’s recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2053 of the Elections Code is amended
to read:

2053.  

The Secretary of State shall establish a Voting
Accessibility Advisory Committee. The Secretary of State shall
consult with the committee and consider the committee’s
recommendations related to improving the accessibility of elections
for voters with disabilities. The Secretary of State may implement
the committee’s recommendations as he or she deems appropriate.

(a) The committee shall consist of the Secretary of State, his or
her designees, and additional members appointed by the Secretary
of State. The appointees shall have demonstrated experience with
accessibility requirements for voters with disabilities or be a county
elections official.

(b) The committee shall serve in an advisory capacity to the
Secretary of State and shall do all of the following:

(1) Establish guidelines for reaching as many voters with
disabilities as practical.

(2) Make recommendations for improving the availability and
accessibility of election materials begin insert , including, but not limited to,
sample ballots, voter information pamphlets, and vote-by-mail
ballots, end insert and their delivery begin insert in print or alternative formats end insert to voters
with disabilities.

(3) Increase the distribution of public service announcements
identifying the availability of election materials for voters with
disabilities at least 45 days before any federal, state, and local
election.

(4) Make recommendations for improving the accessibility of
election materials made available begin delete over the Internet. end delete begin insert on Internet
Web sites that are in compliance with the most current, ratified
standards under Section 508 of the federal Rehabilitation Act of
1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content
Accessibility Guidelines 2.0 adopted by the World Wide Web
Consortium for accessibility. end insert

(5) Promote the Secretary of State’s toll-free voter registration
telephone line for citizens needing voter registration information,
including information for individuals with disabilities, and the
California State Library and regional library services for individuals
who are unable to read conventional print due to a visual begin delete or end delete begin insert ,
intellectual, learning, end insert physical begin insert , or any other end insert disability.

(6) Make recommendations for providing voters with disabilities
the same access and participation as is provided to other voters
who are not disabled, including the ability to vote privately and
independently.

begin insert

(7) Establish subcommittees to further the scope and purposes
of the committee as they relate to improving voter services and
access for individuals with disabilities, including, but not limited
to, visually impaired voters and deaf or hard of hearing voters.

end insert begin insert

(8) Promote the use of plain language and alternative formats
for election materials.

end insert begin insert

(9) Make recommendations for materials to train poll workers
on issues related to serving voters with disabilities and providing
accessible voting locations.

end insert

(c) A member shall not receive compensation, but each member
shall be reimbursed for his or her reasonable and necessary
expenses in connection with service on the committee.

SEC. 2.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

(a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain all of the following:

(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.

(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision
(b).

(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about
each state ballot measure in a manner that is easy for voters to
access and understand. The information shall include all of the
following:

(1) A summary of the ballot measure’s content.

(2) The total amount of reported contributions made in support
of and opposition to the ballot measure, calculated and updated as
follows:

(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts
of contributions made in support of the ballot measure and reported
in semiannual statements required by Section 84200 of the
Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts
of contributions made in opposition to the ballot measure and
reported in semiannual statements required by Section 84200 of
the Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:

(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.

(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if
the total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.

(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual statement,
campaign statement, or preelection statement and not later than
two business days after receipt of a late contribution report within
16 days of the election at which the measure will appear on the
ballot.

(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied
by an explanation that the contribution totals may be overstated
due to the inclusion of contributions made to committees
supporting or opposing more than one state ballot measure, as
required by subclause (II) of clause (iii) of subparagraph (A).

(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223
of the Government Code.

(4) (A) A list of each committee primarily formed to support
or oppose the ballot measure, as described in Section 82047.5 of
the Government Code, and a means to access information about
the sources of funding reported for each committee.

(B) Information about the sources of contributions shall be
updated as new information becomes available to the public
pursuant to the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000) of the Government Code).

(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee’s top 10 contributors
reported to the Fair Political Practices Commission pursuant to
subdivision (a) of Section 84223 of the Government Code.

(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices
Commission shall automatically provide any list of top 10
contributors created pursuant to Section 84223 of the Government
Code, and any subsequent updates to that list, to the Secretary of
State for purposes of compliance with this section.

(5) Any other information deemed relevant by the Secretary of
State.

(c) Information made available over the Internet pursuant to
this section shall meet or exceed the most current, ratified standards
under Section 508 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794d), as amended, and the Web Content Accessibility
Guidelines 2.0 adopted by the World Wide Web Consortium for
accessibility. The Secretary of State may also implement
recommendations of the Voting Accessibility Advisory Committee
made pursuant to paragraph (4) of subdivision (b) of Section 2053.

SEC. 3.  

Section 13300.7 of the Elections Code is amended to
read:

13300.7.  

Notwithstanding any other law, county and city
elections officials may establish procedures designed to permit a
voter to opt out of receiving his or her sample ballot, voter
pamphlet, notice of polling place, and associated materials by mail,
and instead obtain them electronically via email or by accessing
them on the county’s or city’s Internet Web site, provided that all
of the following conditions are met:

(a) The procedures establish a method of providing notice of
and an opportunity by which a voter can notify elections officials
of his or her desire to obtain ballot materials electronically in lieu
of receiving them by mail.

(b) The voter email address or any other information provided
by the voter under this section remains confidential pursuant to
Section 6254.4 of the Government Code and Section 2194 of this
code.

(c) The procedures provide notice and opportunity for a voter
who has opted out of receiving a sample ballot and other materials
by mail to opt back into receiving them by mail.

(d) The procedures establish a process by which a voter can
apply electronically to become a vote by mail voter.

(e) A voter may only opt out of, or opt back into, receiving his
or her sample ballot and other ballot materials by mail if the
elections official receives the request and can process it prior to
the statutory deadline for the mailing of those materials for the
next election, pursuant to Section 13303. If a voter misses this
deadline, the request shall take effect the following election.

(f) The procedures shall include a verification process to confirm
the voter’s identity, either in writing with a signature card that can
be matched to the one on file with the elections official, or if the
request is submitted electronically, it shall contain the voter’s
California driver’s license number, California identification
number, or a partial social security number.

(g) Information made available over the Internet pursuant to
this section shall meet or exceed the most current, ratified standards
under Section 508 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794d), as amended, and the Web Content Accessibility
Guidelines 2.0 adopted by the World Wide Web Consortium for
accessibility. Election officials may also implement
recommendations of the Voting Accessibility Advisory Committee
made pursuant to paragraph (4) of subdivision (b) of Section 2053,
and of any local Voting Accessibility Advisory Committee created
pursuant to the guidelines promulgated by the Secretary of State
related to the accessibility of polling places by the physically
handicapped.