Requires polling places to be accessible to physically disabled voters

22 Co-sponsors

• Harvey Weisenberg
• Susan John
• Keith L.T. Wright
• Amy Paulin
• Adriano Espaillat
• Michele Titus
• Brian Kavanagh
• Alec Brook-Krasny
• Micah Kellner
• Mike Spano
• Michelle Schimel
• Timothy P. Gordon
• Michael Benjamin
• George Latimer
• Kenneth Zebrowski
• Alan Maisel
• Marc Alessi
• William Magnarelli
• Matthew Titone
• Audrey Pheffer
• Darryl Towns
• David Weprin

65 Multi-sponsors

• Peter Abbate
• Michael Benedetto
• Jonathan Bing
• William Boyland
• James F. Brennan
• Richard Brodsky
• Nancy Calhoun
• Ronald Canestrari
• Ann-Margaret Carrozza
• Nelson Castro
• Joan Christensen
• Barbara Clark
• William Colton
• Vivian Cook
• Michael Cusick
• Steven Cymbrowitz
• Francine DelMonte
• RoAnn Destito
• Jeffrey Dinowitz
• Steven Englebright
• Herman D. Farrell
• Ginny Fields
• Gary Finch
• Dennis H. Gabryszak
• Sandy Galef
• Michael Gianaris
• Deborah Glick
• Richard Gottfried
• Aileen Gunther
• Carl Heastie
• Andrew Hevesi
• Sam Hoyt
• Rhoda Jacobs
• Hakeem Jeffries
• David Koon
• Charles Lavine
• Joseph Lentol
• Barbara Lifton
• Donna Lupardo
• William Magee
• Margaret Markey
• John McEneny
• Michael G. Miller
• Joan Millman
• Marcus Molinaro
• Michael Montesano
• Joseph Morelle
• Felix Ortiz
• Crystal Peoples-Stokes
• N. Nick Perry
• J. Gary Pretlow
• Philip Ramos
• Robert Reilly
• Jose Rivera
• Peter Rivera
• Annette Robinson
• Linda Rosenthal
• Teresa Sayward
• William Scarborough
• Mark J.F. Schroeder
• Frank Skartados
• Robert Sweeney
• Fred Thiele
• David Townsend
• Helene Weinstein

BILL NUMBER:A10946 REVISED 5/17/10

Title of bill

An act to amend the election law, in relation to requir- ing polling places to be accessible to physically disabled voters

Purpose

To provide for the accessibility of polling places and to establish basic accessibility guidelines to ensure consistency and encourage substantial compliance at polling sites.

Summary of specific provisions

Section one of this bill amends subdi- vision 1-a of section 4104 of the election law, as amended by chapter 580 of the laws of 1995, to require that each polling place shall provide access for people with disabilities which is consistent with the accessibility guidelines set forth in the federal Americans with Disa- bilities Act (ADA).

Section two provides the effective date of this measure; which is the one hundred eightieth day after this bill becomes law,

Justification

Many polling sites across the state are ill equipped to provide basic access to people with disabilities. Often times, such barriers as steep steps and narrow doorways impede the only available routes to buildings that serve as polling sites. Entrances that are more accommodating to those with disabilities are frequently obscured from view, due to a lack of proper signage. Furthermore, many polling sites are located in basements, which can only be reached by a stairway. A lack of adequate handicapped parking spaces has been a deterrent as well. All of these issues severely affect a disabled individual's abili- ty to vote at a poll site on Election Day.

The ADA generally does not require a State or local government entity to provide additional services for individuals with disabilities that are not provided for individuals without disabilities. For instance, if a poll site has no designated parking spaces, a handicapped parking space need not be designated for that poll site. However, individuals with disabilities must be provided an opportunity to participate in or bene- fit from a public entity's services that is equally effective to the opportunity that is provided to the general public. This includes the opportunity to participate in the democratic process on Election Day.

The State and Federal government has provided funding to the State Board of Elections to administer a program to distribute funds to counties to make poll sites accessible on Election Day. This bill will codify the existing program which has already been utilized across the state to bring most poll sites into compliance with the ADA. By imposing a statu- tory mandate that all polling sites comply with accessibility guidelines on days when elections are being held, this law will encourage counties that are not yet fully compliant to use the funds available to ensure that all people with disabilities can be accommodated in a fair and equitable fashion at all polling sites when they go to vote.

Prior legislative history

2009 A584-A Vetoed 2007-2008 A244 -Passed Assembly, Died in Senate 2005-2006 Al20 -Passed Assembly, Died in Senate 2003-2004 A5473A -Passed Assembly, Died in Senate 2001-2002 A.10623 - Referred to Elections

Fiscal implications

None

Effective date

This act shall take effect on the fifteenth of December next succeeding the date on which it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.