BILL NUMBER: AB 714 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2004
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Member Leno
FEBRUARY 19, 2003
An act to amend Sections 19225, 19226, 19227, 19227.5,
and 19229 of the Elections Code, relating to voting.
An act to amend Sections 12223 and 18403 of, to amend and renumber
Section 22000 of, to add Division 22 (commencing with Section 22000)
to, and to repeal Article 3 (commencing with Section 2050) of Chapter
1 of Division 2, Sections 12280, 13304, and 14282, and Article 2.5
(commencing with Section 19225) of Chapter 2 of Division 19 of, the
Elections Code, relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
AB 714, as amended, Leno. Accessible voting.
Under existing law, the Visually Impaired Voter Assistance Act of
1989, the Visually Impaired Voter Assistance Advisory Board is
established to assist the Secretary of State in improving voter
accessibility to visually impaired voters.
This bill would eliminate the Visually Impaired Voter Assistance
Advisory Board and, instead, require the Secretary of State to
establish a new advisory board to counsel the secretary on issues
related to improving access for disabled voters.
This bill would amend, and amend and renumber, certain provisions
of the Elections Code to correct internal cross-references.
Existing law requires election precinct boards to assist voters
who declare under oath that they are unable to mark a ballot.
This bill would require that precinct boards ensure that voters
receiving assistance are afforded privacy while voting equivalent to
that provided to other voters and, by so doing, would impose a
state-mandated local program.
Existing law requires the Secretary of State to adopt rules and
regulations governing voting technology and systems used to provide
access to blind and visually impaired voters.
This bill would require the Secretary of State to adopt rules and
regulations governing voting technology and systems used to provide
access to mobility impaired individuals as well. This bill would
impose a state-mandated local program by requiring each local agency
to report to the secretary on its expenditure of funds, activities,
and progress toward improving access to polling places for persons
who are blind, visually impaired, or mobility impaired.
Existing law requires that each polling place have at least one
voting unit, approved by the Secretary of State, to provide access to
individuals who are blind or visually impaired.
This bill would impose a state-mandated local program by requiring
that at least one voting unit provide access to the blind, visually
impaired, or mobility impaired, and would delay imposition of the
requirement until January 1, 2006.
Existing law permits a person who is injured by the failure of a
local agency to comply with specified statutes concerning voter
access for the blind and visually impaired to sue for injunctive
relief.
This bill would extend the right to sue to the mobility impaired.
This bill would further preclude actions against the state or its
political subdivisions that are based on information contained in the
plans, reports, or applications for funding required by specified
statutes requiring voter access for the blind, visually impaired, or
mobility impaired, except for actions arising from a criminal act or
omission.
Under existing law, a county is required to provide at least one
voting unit at each polling place, to provide access to persons who
are visually impaired, so long as sufficient funds from specified
federal sources are available.
This bill would include within this requirement persons who are
mobility impaired, so long as funds are available from the federal
sources identified under existing law. The bill would add a federal
source for this purpose, namely the Help America Vote Act (P.L.
107-252) and would require that at least one accessible voting unit
be available at each polling place commencing no later than January
1, 2006.
Under existing law, county election officials are not required to
make polling places accessible to persons with physical disabilities,
except for voting machines used in federal elections.
This bill would provide that for all elections, county election
officials shall report to the Secretary of State their efforts to
make polling places accessible to individuals with disabilities and
impairments. By increasing the duties of local elections officials,
the bill would impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19225 of the Elections Code is amended to read:
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.
(g) As voting technology advances and as the state and its
political subdivisions employ new voting equipment to address the
needs of voters, innovative solutions must be applied in a
comprehensive way that improves and increases access for all those
who have heretofore been unable to cast a ballot independently and
privately.
(h) It is vital for the state as soon as practicable to extend to
all its citizens full access to the ballot regardless of visual or
mobility impairment.
SEC. 2. Section 19226 of the Elections Code is amended to read:
19226. As used in this article:
(a) "Access" means the ability of an individual independently and
without assistance 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.
SEC. 3. Section 19227 of the Elections Code is amended to read:
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 and individuals with mobility impairment or who
achieve mobility in an assisted fashion such as a wheelchair with
access that is equivalent to that provided to individuals who are not
blind, visually impaired, or mobility impaired, including the
ability for the voter to cast and verify all selections made by both
visual and nonvisual means.
(b) Commencing no later than January 1, 2006, 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, visually impaired, or mobility impaired.
(c) Each county shall report in ways and at times deemed
appropriate by the Secretary of State on expenditure of funds,
activities, and progress toward improving access to polling places
for persons with visual impairment, mobility impairment, and physical
disabilities.
(d) 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, from federal
funds provided pursuant to the Help America Vote Act of 2002 (P.L.
107-252), or from any other source except the General Fund, shall be
used for that purpose.
SEC. 4. Section 19227.5 of the Elections Code is amended to read:
19227.5. In requiring nonvisual access and access by those with
any mobility impairment pursuant to this article, the Secretary of
State shall obtain recommendations from representatives of blind
consumer organizations, representatives of disabled groups, experts
in accessible software and hardware design, and any other individual
or organization the Secretary of State determines to be appropriate.
SEC. 5. Section 19229 of the Elections Code is amended to read:
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.
(d) Notwithstanding any other law, no action may be brought
against the state or any of its political subdivisions on the basis
of information contained in plans, reports, or applications for
funding required under subdivision (c), (d), (e), or (f) of Section
19227, except in cases of liability resulting from criminal acts or
omissions.
SECTION 1. This act shall be known as the California Access to
Voting Act of 2004.
SEC. 2. Article 3 (commencing with Section 2050) of Chapter 1 of
Division 2 of the Elections Code is repealed.
SEC. 3. Section 12223 of the Elections Code is amended to read:
12223. (a) Whenever any jurisdiction is divided into election
precincts or whenever the boundaries of established precincts are
changed or new precincts created, the precinct boundaries shall be
fixed in a manner so that the number of voters in each precinct does
not exceed 1,000 in counties with a population of less than
1,000,000, and does not exceed 1,250 in all other counties, on the
88th day prior to the day of election, unless otherwise provided by
law.
(b) Before establishing an election precinct in which the number
of voters exceeds 1,000, the elections official shall provide to the
Secretary of State and to the public written information which
addresses all of the following:
(1) Absentee voting patterns of the registered voters in the
proposed precinct areas.
(2) Voter turnout rates at polling places in the precinct areas.
(3) The consistency of the location of the polling place, from one
statewide election to the next.
(4) Proposed staffing levels at the precinct and training to be
provided to poll workers.
(5) Compliance with the federal Voting and Accessibility for the
Elderly and Handicapped Act of 1984 (42 U.S.C. Sec. 1973ee) and
Section 12280 22003 of this code.
(c) A county that increases any election precinct to more than
1,000 voters shall report that action to the Secretary of State and
shall provide any information required by the Secretary of State to
determine the impact of that increase. The Secretary of State shall
report to the Legislature by January 1, 2004, on the impact of
election precincts in excess of 1,000 voters. The report shall
include recommendations about whether or not future legislative
action is necessary.
(d) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 4. Section 12280 of the Elections Code is repealed.
12280. When designating polling places, the elections official
shall undertake necessary measures in the locating of polling places
to ensure that polling places meet the guidelines promulgated by the
Secretary of State for accessibility by the physically handicapped.
SEC. 5. Section 13304 of the Elections Code is repealed.
13304. The notice of the polling place which is sent to each
voter as provided in Section 13303 shall inform the voter as to
whether the polling place is accessible to the physically
handicapped. In addition, this notice shall inform the voter of his
or her rights under Section 14282, if applicable.
SEC. 6. Section 14282 of the Elections Code is repealed.
14282. (a) When a voter declares under oath, administered by any
member of the precinct board at the time the voter appears at the
polling place to vote, that the voter is then unable to mark a
ballot, the voter shall receive the assistance of not more than two
persons selected by the voter, other than the voter's employer, an
agent of the voter's employer, or an officer or agent of the union of
which the voter is a member.
(b) No person assisting a voter shall divulge any information
regarding the marking of the ballot.
(c) In those polling places that are inaccessible under the
guidelines promulgated by the Secretary of State for accessibility by
the physically handicapped, a physically handicapped person may
appear outside the polling place and vote a regular ballot. The
person may vote the ballot in a place that is as near as possible to
the polling place and that is accessible to the physically
handicapped. A precinct board member shall take a regular ballot to
that person, qualify that person to vote, and return the voted
ballot to the polling place. In those precincts in which it is
impractical to vote a regular ballot outside the polling place,
absentee ballots shall be provided in sufficient numbers to
accommodate physically handicapped persons who present themselves on
election day. The absentee ballot shall be presented to and voted by
a physically handicapped person in the same manner as a regular
ballot may be voted by that person outside the polling place.
SEC. 7. Section 18403 of the Elections Code is amended to read:
18403. Any person other than an elections official or a member of
the precinct board who receives a voted ballot from a voter or who
examines or solicits the voter to show his or her voted ballot is
punishable by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the state prison for 16 months or two or three years
or in a county jail not exceeding one year, or by both the fine and
imprisonment. This section shall not apply to persons returning an
absentee ballot pursuant to Sections 3017 and 3021 or persons
assisting a voter pursuant to Section 14282
22201 .
SEC. 8. Article 2.5 (commencing with Section 19225) of Chapter 2
of Division 19 of the Elections Code is repealed.
SEC. 9. Section 22000 of the Elections Code is amended and
renumbered to read:
22000.
21700. (a) Each district required by its authorizing act to
adjust division boundaries pursuant to this section shall, by
resolution, after each federal decennial census, and using that
census as a basis, adjust the boundaries of any divisions so that the
divisions are, as far as practicable, equal in population and in
compliance with Section 1973 of Title 42 of the United States Code,
as amended, to the extent those provisions are applicable. In
adjusting the boundaries of the district, the board may give
consideration to the following factors: (1) topography, (2)
geography, (3) cohesiveness, contiguity, integrity, and compactness
of territory, and (4) community of interests of the district. This
section does not apply to districts in which only landowners vote for
directors or whose directors are all elected at large or appointed.
(b) The resolution specified in subdivision (a) shall be adopted
by a vote of not less than a majority of the directors.
(c) At the time of, or after, any annexation of territory to the
district, the board of directors shall designate, by resolution, the
division of which the annexed territory shall be a part.
(d) No change in division boundaries may be made within 180 days
preceding the election of any director.
(e) (1) A change in division boundaries shall not affect the term
of office of any director.
(2) If division boundaries are adjusted, the director of the
division whose boundaries have been adjusted shall continue to be the
director of the division bearing the number of his or her division
as formerly comprised until the office becomes vacant by means of
term expiration or otherwise, whether or not the director is a
resident within the boundaries of the division as adjusted.
(f) The successor to the office in a division whose boundaries
have been adjusted shall be a resident and voter of that division.
(g) A district is not required to adjust the boundaries of any
divisions pursuant to this section until after the 2000 federal
decennial census.
(h) Nothing in this section shall be construed to prohibit or
restrict a district from adjusting the boundaries of any divisions
whenever the governing body of the district determines by a
two-thirds vote of the governing body that a sufficient change in
population has occurred that makes it desirable in the opinion of the
governing body to adjust the boundaries of any divisions, or
whenever any territory is added by or excluded from the district.
SEC. 10. Division 22 (commencing with Section 22000) is added to
the Elections Code, to read:
DIVISION 22. ACCESS TO VOTING
CHAPTER 1. ACCESSIBLE POLLING PLACES
22000. A voter may not have his or her fundamental right to cast
a ballot infringed upon on account of the voter's physical inability
to access a polling place.
22001. Notwithstanding any other provision of law, the Secretary
of State and local election officials shall, to the extent possible,
ensure that all polling places are accessible to handicapped and
elderly voters.
22002. The Secretary of State shall promulgate guidelines for
polling place accessibility by the physically handicapped. In
preparing the guidelines, the secretary may rely, to the degree
practicable, on the accessibility provisions of Title 24 of the
California Code of Regulations.
22003. When designating polling places, an elections official
shall select only polling places that meet the guidelines for
accessibility promulgated by the Secretary of State in accordance
with Section 22002.
22004. The Secretary of State shall report to the Governor and
the Legislature, by March 1 of each odd-numbered year, the number of
polling places as of the date of the preceding general election that
were accessible to the physically handicapped and the number that
were inaccessible to the physically handicapped. The report shall
state the reasons for the inaccessibility of each polling place found
to have been inaccessible. The Secretary of State shall post the
report on the Secretary of State's Web site.
CHAPTER 2. ACCESSIBLE VOTING SYSTEMS
22100. 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
state and its political subdivisions must recognize the
incontrovertible right of all citizens to vote, regardless of
blindness or visual, mobility, or other physical impairment.
(f) This right necessitates that individuals who are blind or
visually, mobility, or otherwise physically impaired, be provided the
opportunity to cast and verify their ballots independently.
(g) As voting technology advances, and as the state and its
political subdivision employ new voting equipment to address the
needs of voters, innovative solutions must be comprehensively applied
to improve and increase access for those who have been unable to
cast a ballot independently and privately.
(h) It is vital for the state, as soon as practiciable, to extend
full access to the ballot to all its citizens, including those who
are blind or who have visual, mobility, or other physical
impairments.
22101. As used in this article:
(a) "Access" means the ability of an individual independently and
without assistance 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.
22102. (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, and individuals who are mobility impaired or
who achieve mobility in an assisted fashion, such as with the aid of
a wheelchair, with access that is equivalent to that provided to
individuals who are not blind, visually impaired, or mobility
impaired, including the ability for the voter to cast and verify all
selections made, by both visual and nonvisual means.
(b) By January 1, 2006, each polling place shall utilize at least
one voting unit, approved by the Secretary of State pursuant to
subdivision (a), to provide access for individuals who are blind,
visually impaired, or mobility impaired.
(c) Each local agency shall report to the Secretary of State, in a
manner and at intervals designated by the secretary, on that agency'
s expenditure of funds, activities, and progress toward improving
access to polling places for persons who are blind, visually
impaired, or mobility impaired.
(d) 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, from federal
funds provided pursuant to the Help America Vote Act of 2002 (P.L.
107-252), or from any other source except the General Fund, shall be
used for that purpose.
22103. In requiring access pursuant to this chapter for voters
with visual or mobility impairments, the Secretary of State shall
obtain recommendations from representatives of blind consumer
organizations, representatives of disabled groups, experts in
accessible software and hardware design, and any other individual or
organization the Secretary of State determines to be appropriate.
22104. Existing voting equipment or systems shall be brought into
compliance with the requirements of this chapter when they are
upgraded or replaced.
22105. (a) A person injured by a violation of this chapter may
maintain an action for injunctive relief to compel compliance with
the provisions of this chapter.
(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.
(d) Notwithstanding any other provision of law, a person may not
bring an action against the state or any of its politiical
subdivisions based on information contained in the plans, reports, or
applications for funding required by subdivisions (c), (d), (e), or
(f) of Section 22102, except for an action that arises from a
criminal act or omission.
22106. This chapter does not apply to voting by absentee ballot.
CHAPTER 3. ASSISTANCE TO VOTERS
22200. The notice of the polling place which is sent to each
voter as provided in Section 13303 shall inform the voter as to
whether the polling place is accessible to the physically
handicapped. In addition, the notice shall inform the voter of his
or her rights under Section 22201, if applicable.
22201. (a) When a voter declares under oath, administered by any
member of the precinct board at the time the voter appears at the
polling place to vote, that the voter is then unable to mark a
ballot, the voter shall receive the assistance of not more than two
persons selected by the voter, other than the voter's employer, an
agent of the voter's employer, or an officer or agent of the union of
which the voter is a member.
(b) No person assisting a voter shall divulge any information
regarding the marking of the ballot.
(c) The precinct board members shall ensure that a voter receiving
assistance is afforded privacy equivalent to that of other voters.
(d) In those polling places that are inaccessible under the
guidelines for accessibility by the handicapped promulgated by the
Secretary of State pursuant to Section 2202, a physically handicapped
person may appear outside the polling place and vote a regular
ballot. The person may vote the ballot in a place that is as near as
possible to the polling place, that is accessible to the physically
handicapped, and that affords the voter privacy equivalent to that
provided to other voters. A precinct board member shall take a
regular ballot to that person, qualify that person to vote, and
return the voted ballot to the polling place. In those precincts in
which it is impractical to vote a regular ballot outside the polling
place, absentee ballots shall be provided in sufficient numbers to
accommodate physically handicapped persons who present themselves on
election day. The absentee ballot shall be presented to and voted by
a physically handicapped person in the same manner as a regular
ballot may be voted by that person outside the polling place.
22202. The Secretary of State shall establish an advisory board
to provide advice and counsel to the secretary on issues related to
improving access to disabled voters. The board shall consist of
representatives from organizations representing the visually
impaired, the physicially or mobility impaired, local elections
officials, and any other individuals that the secretary deems
appropriate.
SEC. 6.
SEC. 11. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.