BILL ANALYSIS
AB 714
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Date of Hearing: April 22, 2003
ASSEMBLY COMMITTEE ON ELECTIONS, REDISTRICTING AND
CONSTITUTIONAL AMENDMENTS
John Longville, Chair
AB 714 (Leno) - As Amended: March 26, 2003
SUBJECT : Accessible voting.
SUMMARY : Requires each polling place to have at least one
voting machine that is fully accessible to mobility impaired
voters by January 1, 2006. Specifically, this bill :
1)Makes findings and declarations about technological advances
in voting equipment and the importance of allowing all voters,
including mobility impaired voters, to cast ballots without
assistance.
2)Requires the Secretary of State (SOS) to adopt rules and
regulations governing voting technology that provides mobility
impaired individuals with access that is equivalent to that
provided to individuals who are not mobility impaired.
3)Requires that each polling place have at least one voting unit
that is fully accessible to individuals who are mobility
impaired.
4)Requires each county elections official to provide individuals
with information about the accessibility of polling places, to
develop outreach programs, and to train elections officials,
poll workers and election volunteers on how best to promote
the access and participation of individuals with disabilities
in elections.
5)Requires funds from the federal Help America Vote Act of 2002
[P.L. 107-252] (HAVA) be used to meet the requirements of this
bill.
6)Requires the SOS to consult with representatives of disabled
groups in developing the rules and regulations for voting
system accessibility.
7)Precludes any action against the state or any of its political
subdivision on the basis of plans, reports, or applications
for funding required by this bill, as specified.
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EXISTING LAW :
1)Requires the SOS to establish the specifications for and the
regulations governing voting machines and voting devices and
requires that the criteria used in developing such regulations
and specifications include, but not be limited to, the
following:
a) The machine or device and its software shall be suitable
for the purpose for which it is intended;
b) The system shall preserve the secrecy of the ballot;
c) The system shall be safe from fraud or manipulation.
1)Requires the SOS to adopt rules and regulations for voting
systems to ensure access to persons who are visually impaired.
2)Requires at least one voting machine in each polling place be
accessible to the visually impaired, subject to the
availability of funds.
3)Provides that voting shall be secret.
4)Requires the election official to notify voters in the sample
ballot sent to every voter whether his or her polling place is
accessible to persons with disabilities.
5)Provides that any voter may request to vote the ballot in a
place that is as near as possible to the polling place, if the
polling place is not accessible to persons with disabilities.
6)Permits a voter to receive assistance in marking a ballot from
not more than two persons selected by the voter if the voter
declares, under oath, that he or she is unable to mark a
ballot without assistance.
7)Prohibits a person who assists a voter in marking a ballot
from divulging any information regarding the marking of the
ballot.
FISCAL EFFECT : Unknown. State-mandated local program;
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contains reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author, "this measure
provides conformity in state law regarding polling place
access pursuant to the Help America Vote Act of 2002 (HAVA).
This measure will promote access and participation for voters
with disabilities in elections."
2)Accessible Voting Technology Act of 2002 : AB 2525 (Jackson),
Chapter 950, Statutes of 2002, required each polling place to
have at least one voting machine that is fully accessible to
blind and visually impaired voters.
3)Voting Modernization Bond Act of 2002 : AB 56 (Shelley),
Chapter 902, Statutes of 2001, placed on the March 2002 ballot
as Proposition 41, authorized the sale of $200 million in
bonds for counties to use for the purchase of updated voting
systems. Proposition 41 was approved by voters with 51.6% of
the vote. With the state funding made available through the
approval of Proposition 41, it is anticipated that an
increasing number of counties will be upgrading their voting
systems.
4)Help America Vote Act of 2002 : HAVA requires every polling
place to have at least one voting system that provides for
independent voting by persons with disabilities, including
persons who are blind or visually impaired.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State (Sponsor)
Opposition
None on file.
Analysis Prepared by : Kristal DeKleer / E. R. & C. A. / (916)
319-2094
AB 714
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