BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 29, 2015


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                           Sebastian Ridley-Thomas, Chair


          AB 683  
          (Low) - As Amended March 24, 2015


          SUBJECT:  Online ballot materials:  accessibility.


          SUMMARY:  Requires the Visually Impaired Voter Assistance  
          Advisory Board (Board) to make additional recommendations to the  
          Secretary of State (SOS) for improving the accessibility of  
          election materials made available over the Internet, as  
          specified.  Specifically, this bill:  


          1)Requires the Board to make recommendations to the SOS for  
            improving accessibility of election materials made available  
            over the Internet, including the state ballot pamphlet, the  
            sample ballot and notice of polling place, the voter pamphlet,  
            and any associated materials.  Requires the Board, in making  
            recommendations, to consider the following:


             a)   Nonvisual accessibility for the blind and visually  
               impaired, in a manner that provides the same opportunity  
               for access as provided to other voters who are not  
               disabled; and, 


             b)   Recommendations from representatives of blind consumer  
               organizations, experts in accessible software and hardware  








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               design, and any other individual or organization the SOS or  
               the Board determines to be appropriate.


          2)Requires the online version of the state ballot pamphlet to  
            conform to 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 (WCAG) 2.0 adopted by the World Wide Web Consortium  
            for accessibility.  Permits the SOS to implement  
            recommendations of the Board made pursuant to the provisions  
            of this bill.  


          3)Requires county and city elections officials that make the  
            sample ballot, voter pamphlet, notice of polling place and  
            associated materials accessible on the county's or city's  
            Internet Web site to conform to 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 WCAG 2.0  
            adopted by the World Wide Web Consortium for accessibility.   
            Permits an elections official to implement recommendations of  
            the Board made pursuant to the guidelines promulgated by the  
            SOS related to the accessibility of polling places by the  
            physically handicapped.


          EXISTING LAW:  


          1)Provides that it is the intent of the Legislature to promote  
            the fundamental right to vote of visually impaired  
            individuals, and to make efforts to improve public awareness  
            of the availability of ballot pamphlet audio recordings and  
            improve their delivery to these voters. 


          2)Requires the SOS to establish the Board.  Requires the Board  
            to consist of the SOS or his or her designee and the following  








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            membership, appointed by the SOS:


             a)   A representative from the State Advisory Council in  
               Libraries; and, 


             b)   One member from each of three private organizations.  
               Requires two of the organizations to be representative of  
               organizations for blind persons in the state.


          3)Requires the Board to do all of the following:


             a)   Establish guidelines for reaching as many visually  
               impaired persons as practical;


             b)   Make recommendations to the SOS for improving the  
               availability and accessibility of ballot pamphlet audio  
               recordings and their delivery to visually impaired voters;


             c)   Increase the distribution of public service  
               announcements identifying the availability of ballot  
               pamphlet audio recordings at least 45 days before any  
               federal, state, or local election; and,


             d)   Promote the SOS's toll-free voter registration telephone  
               line for citizens needing voter registration information,  
               including information for those who are visually  
               handicapped, and the toll-free telephone service regarding  
               the California State Library and regional library service  
               for the visually impaired.


          4)Prohibits a member of the Board from receiving compensation.   








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            Provides that each member shall be reimbursed for his or her  
            reasonable and necessary expenses in connection with service  
            on the Board.


          5)Requires the SOS to produce an audio recorded version of the  
            state ballot pamphlet.  Requires the audio recorded version to  
            be made available in quantities to be determined by the SOS  
            and contain information concerning each statewide measure, as  
            specified.


          6)Requires the SOS to make available the complete state ballot  
            pamphlet over the Internet.  Requires the online version of  
            the state ballot pamphlet to contain certain voter  
            information, as specified. 


          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Purpose of the Bill:  According to the author:


               In 2010, legislation was passed to allow county and city  
               officials to provide election information in an electronic  
               format via email or by making them accessible on their  
               internet web site. While some counties and cities have  
               adopted this process, many counties and the state do not  
               provide election information in accessible forms for voters  
               with disabilities. Audio recordings of voter pamphlets or  
               sample ballots are sometimes available but there is little,  
               if any, candidate information available in an accessible  
               format. This is especially true for local elections where  
               candidate information or ballot issues are not accessible. 









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               AB 683 will provide accessible voting information, so  
               people with disabilities can use their own accessible  
               technologies to research candidates and issues that appear  
               on their ballot. AB 683 will help voters with disabilities  
               educate themselves and allow them to [be] better  
               participants in our democracy.


          2)Visually Impaired Voter Assistance Act of 1989:  Current law  
            required the SOS to establish the Board in 1989.  One of the  
            main purposes of the Board is to establish guidelines for  
            reaching as many visually impaired individuals as practical  
            and make recommendations to the SOS for improving the  
            availability and accessibility of ballot pamphlet audio  
            recordings and their delivery to visually impaired voters.   
            However, according to the SOS's office, the Board is not  
            currently functioning and has been incorporated into the SOS's  
            Statewide Voting Accessibility Advisory Committee (VAAC). 

          3)Voting Accessibility Advisory Committee:  On the state level,  
            the SOS has established the statewide VAAC, which is designed  
            to advise, assist, and provide recommendations to the SOS's  
            office on how voters with disabilities can vote independently  
            and privately.  For instance, VAAC members have been  
            influential in assisting with numerous projects, including the  
            polling place accessibility guidelines. VAAC members have also  
            helped raise awareness of disability issues through their  
            involvement in the development of the voter accessibility  
            survey and production of the polling place accessibility  
            surveyor training video. 



          On the local level, some county elections officials have  
            established local voting accessibility advisory committees to  








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            help advise and assist on local election issues. For example,  
            Los Angeles County established a local VAAC in 2006 to assist  
            the registrar-recorder/county clerk in implementing innovative  
            strategies and improving accessibility and participation in  
            the election process for individuals within the full spectrum  
            of disabilities.
          4)Voter Materials Online:  On the state level, existing law  
            requires the SOS to make the state ballot pamphlet available  
            over the Internet, as specified.  In addition, current law  
            requires the SOS to establish processes that enable a voter to  
            opt out of receiving by mail the state ballot pamphlet and  
            instead receive it in an electronic format or an electronic  
            notification making the pamphlet available by means of online  
            access.  This requirement, however, is not operational until  
            the SOS certifies that the state has a statewide voter  
            database, also known as VoteCal.  According to SOS, VoteCal is  
            expected to be operational in June 2016.



          On the local level, current law permits county elections  
            officials to provide voter materials online.  Specifically,  
            existing law permits county 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 Internet Web site, as specified.  

          5)New Electronic and Information Technology Requirements:  This  
            bill requires information made available over the Internet to  
            comply with standards under Section 508 of the federal  
            Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG  
            2.0 adopted by the World Wide Web Consortium for  
            accessibility.  



          Section 508 of the federal Rehabilitation Act requires federal  








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            agencies' electronic and information technology be accessible  
            to people with disabilities, including employees and members  
            of the public.  Specifically, Section 508 establishes  
            requirements for any electronic and information technology  
            developed, maintained, procured, or used by the federal  
            government. 

          The WCAG 2.0 covers a wide range of recommendations for making  
            web content more accessible.  The objective of the guidelines  
            is to make content accessible to a wider range of people with  
            disabilities, including blindness and low vision, deafness and  
            hearing loss, learning disabilities, cognitive limitations,  
            limited movement, speech disabilities, photosensitivity and  
            combinations of these.  WCAG 2.0 was developed in cooperation  
            with individuals and organizations around the world, with a  
            goal of providing a shared standard for web content  
            accessibility that meets the needs of individuals,  
            organizations, and governments internationally. WCAG 2.0  
            builds on WCAG 1.0 and is designed to apply broadly to  
            different web technologies now and in the future, and to be  
            testable with a combination of automated testing and human  
            evaluation. 

          According to the SOS's office, the SOS's Internet Web site  
            mostly complies with Section 508 of the federal Rehabilitation  
            Act, however, it is unclear whether the SOS's Internet Web  
            site currently complies with the WCAG 2.0 adopted by the World  
            Wide Web Consortium for accessibility.  

          A search by committee staff revealed that some county elections  
            official's Internet Web sites may comply, to a certain extent,  
            with the online accessibility standards of the World Wide Web  
            Consortium, however, according to a county elections  
            official's representative, county elections officials are  
            required to comply with the Americans with Disabilities Act,  
            but compliance with Section 508 of the federal Rehabilitation  
            Act does not extend to counties.  As a result, this bill would  
            require those counties that do make voter materials accessible  
            online to abide by new technology guidelines outlined in this  








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            bill.  Would the new technology standards in this bill be a  
            disincentive for counties to provide voter materials online?
          
          Moreover, the online accessibility standards required in this  
            bill, particularly the WCAG 2.0, are very specific.   
            Theoretically, as technology changes and evolves, so too would  
            the online accessibility standards and guidelines.  As a  
            result, the committee may wish to consider whether it is  
            prudent to place specific standards and guidelines in statute  
            and instead require the technology requirements to be broader.  

          6)Arguments in Support:  Disability Rights California has a  
            position of support, with reservations, on this bill.  In its  
            letter, the organization writes:



               In order to provide access to voter information materials  
               on the internet, it is critical that materials are  
               accessible to people with disabilities and internet sites  
               comply with access requirements.  This bill will take steps  
               to help improve access for people with visual impairments.   
               While we applaud increasing access for people with visual  
               impairments, we are concerned that access concerns for  
               other disabilities are not being addressed, such as people  
               who are deaf and people with intellectual disabilities.   
               People who are deaf need material in American Sign Language  
               and people with intellectual disabilities need material  
               that is in plain language and a website that is easy to  
               understand and navigate.  Is the plan to set up boards and  
               committees for each disability community?  It seems a  
               better approach would be to set up one board or committee  
               to make recommendations to improve disability access to  
               voting and ensure that board or committee has appropriate  
               staffing.  Further, as far as [Disability Rights  
               California] knows, the Visually Impaired Voter Assistance  
               Board is not currently a functional board, even though the  
               statute created it in 1989.  









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Disability Rights California (with reservations)




          Opposition


          None on file.




          Analysis Prepared by:Nichole Becker / E. & R. / (916) 319-2094