Provides that absentee ballots for all elections shall be made available in Braille, upon request of a blind or visually impaired voter

Summary of specific provisions

Section one adds a new section 7-107 to the election law to state that absentee ballots printed in Braille and large-print for every election shall be made available upon the request of any registered voter who is blind or visually impaired; that these ballots shall be made available upon the request of any registered voter who is blind or visually impaired; and that persons wishing to use these ballots must give notice to the board of elections no less than 30 days prior to each election day. This section also gives the state board of elections the task of promulgating rules for the preparation, distribution, casting and canvass of these ballots; directs that the rules be developed in consultation with state disability advocacy groups; defines Braille and large-print for the purposes of this section; and provides proof reading standards for the ballots.

Section two adds a new section 2022-a to the education law that states ballots printed in Braille and large-print for every election shall be made available upon the request of any registered voter who is blind or visually impaired; that these ballots shall be made available at polling places upon request, and may be used by a voter in lieu of the voting machine; and that persons wishing to use these ballots must give notice to the board of elections no less than 30 days prior to each election day. This section also gives the commissioner, in consultation with the state board of elections, the task of promulgating rules for the preparation, distribution, casting and canvass of these ballots; directs that the rules be developed in consultation with state disability advocacy groups; defines Braille and large-print for the purposes of this section; and provides proofreading standards for the ballots.

Also section two states absentee ballots printed in Braille and large-print shall be made available upon request of any registered voter who is visually impaired. Those wishing to receive such ballots must give notice no less than thirty days prior to each election day. The commissioner in consultation with the state board of elections, the task of promulgating rules for the preparation, distribution, casting and canvass of these ballots; directs that the rules be developed in consultation with state disability advocacy groups; defines Braille

and large-print for the purposes of this section; and provides proofreading standards for the ballots.

Section three is the effective date.

Justification

It is important that people who are blind or visually impaired have equal access to ballots in the voting process. While it is not the intent of this measure to replace the critical need for fully accessible voting machines for all people with disabilities, there are some individuals who either need or 'wish to vote by absentee ballot.

This act will enable blind and visually impaired persons to request Braille or large-print absentee ballots be made available to them. Currently, blind or visually impaired people must have someone assist them when filling out absentee ballots because they are simply not produced in accessible formats. This present situation interferes with the rights of blind or visually impaired people to vote independently, and it forces such individuals to trust that the person assisting them will vote according to their wishes.

Legislative history

2001-2002: A.6321 - Referred to Election Law 2003-2004: A.3726 - Passed Assembly 2005-2606: A.1852 - Passed Assembly 2007-2008: A.7196 - Passed Assembly 2009-2010: A.3738 - Passed Assembly

Fiscal implications

There will be some cost associated with the production of the Braille & large print ballots.

Effective date

The first day of December next succeeding the date on which it shall have become law; provided, however, that section two of this act shall expire and be deemed repealed December 31, 2012 when upon such date section three of this act shall take effect. 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.