SECTIONS 19225-19229.5 - California Statutes

ELECTIONS CODE

SECTION 19225-19229.5

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.

19226. As used in this article:
(a) "Access" means the ability 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.

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 with access that is equivalent to that provided to
individuals who are not blind or visually impaired, including the
ability for the voter to cast and verify all selections made by both
visual and nonvisual means.
(b) 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 or visually impaired.
(c) 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, or from any
other source except the General Fund, shall be used for that purpose.

19227.5. In requiring nonvisual access pursuant to this article,
the Secretary of State shall obtain recommendations from
representatives of blind consumer organizations, experts in
accessible software and hardware design, and any other individual or
organization the Secretary of State determines to be appropriate.

19228. Compliance with this article in regard to voting technology
and systems purchased prior to the effective date of this article
shall be achieved at the time of procurement of an upgrade or
replacement of existing voting equipment or systems.

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.

19229.5. This article does not apply to voting by vote by mail
ballot.