Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys Internet Web site, as specified.

This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committees recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys Internet Web site, as specified.

This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committees recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys Internet Web site, as specified.

This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committees recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

Under existing Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State is required to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the countys or citys Internet Web site, as specified.

This bill would require the Visually Impaired Voter Assistance Board to rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committees recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, as specified. The bill would also and would require the elections materials made available over the Internet to conform to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

Existing law prohibits the Secretary of State from approving, and prohibits a city or county from contracting for or purchasing, a direct recording electronic voting system, defined as a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. Existing law defines the term voter verified paper audit trail as a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot.

This bill would revise the definition of voter verified paper audit trail to instead mean a component of a direct recording electronic voting system that prints a synchronous paper record facsimile of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 683

Author:(Low)

As Amended Ver:June 23, 2015

Majority vote

Original Committee Reference: E. & R.

SUMMARY: Requires the Secretary of State (SOS) to establish a Voting Accessibility Advisory Committee (VAAC) to make recommendations related to improving the accessibility of elections for voters with disabilities, as specified. Specifically, this bill:

1. Requires the SOS to establish a VAAC. Requires the SOS to consult with the VAAC and consider the VAAC's recommendations related to improving the accessibility of elections for voters with disabilities. Permits the SOS to implement the VAAC's recommendations as he or she deems appropriate.

2. Requires the VAAC to consist of the SOS, his or her designee, and additional members appointed by the SOS. Requires the appointees to have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official.

3. Requires the VAAC to serve in an advisory capacity to the SOS, as specified.

4. Requires the online version of the state ballot pamphlet to meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 United States Code Section 794d), as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide Web Consortium for accessibility.

5. Requires county and city elections officials that make the sample ballot, voter pamphlet, notice of polling place and associated materials accessible on the county's or city's Internet Web site to meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 United States Code Section 794d), as amended, and the WCAG 2.0.

6. Makes conforming and technical changes

The Senate amendments:

1. Require the VAAC, in its advisory capacity to the SOS, to do the following:

   1. Establish subcommittees to further the scope and purposes of the VAAC as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters, and deaf or hard of hearing voters;

   2. Promote the use of plain language and alternative formats for election materials; and,

   3. Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations.

2. Make conforming and technical changes.

EXISTING LAW:

1. Requires the SOS to produce an audio recorded version of the state ballot pamphlet. Requires the audio recorded version to be made available in quantities to be determined by the SOS and contain information concerning each statewide measure, as specified.

2. Requires the SOS to make available the complete state ballot pamphlet over the Internet. Requires the online version of the state ballot pamphlet to contain certain voter information, as specified.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the author, "In 2010, legislation was passed to allow county and city officials to provide election information in an electronic format via email or by making them accessible on their internet web site. While some counties and cities have adopted this process, election information provided electronically is not always accessible for voters with disabilities. Audio recordings of voter pamphlets or sample ballots are sometimes available but there is little, if any, candidate information available in an accessible format. This is particularly true for local elections where candidate information or ballot issues are not always accessible. AB 683 will require the Voting Accessibility Advisory Committee (VAAC) to provide the Secretary of State with recommendations on making election information and the election process more accessible for voters with disabilities…"

The Senate amendments expand the duties of the VAAC and make other technical changes. Specifically, the amendments require the VAAC to establish subcommittees to further the scope and purposes of the VAAC as they relate to improving voter services and access for individuals with disabilities, as specified, promote the use of plain language and alternative formats for election materials, and make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations. This bill, as amended in the Senate, is consistent with the Assembly actions.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001454

 THIRD READING  

Bill No: AB 683

Author: Low (D)

Amended: 6/23/15 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 6/30/15

AYES: Allen, Anderson, Hertzberg, Liu

NO VOTE RECORDED: Hancock

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote

SUBJECT: Voting Accessibility Advisory Committee

SOURCE: Author

DIGEST: This bill, among other things, requires the Secretary of State (SOS) to establish a Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities.

ANALYSIS:

Existing law:

1. Provides that it is the intent of the Legislature to promote the fundamental right to vote of visually impaired individuals, and to make efforts to improve public awareness of the availability of ballot pamphlet audio recordings and improve their delivery to these voters.

2. Requires the SOS to establish the Visually Impaired Voter Assistance Advisory Board (Board). Requires the Board to consist of the SOS or his or her designee and the following membership, appointed by the SOS:

1. A representative from the State Advisory Council in Libraries; and,

2. One member from each of three private organizations. Requires two of the organizations to be representative of organizations for blind persons in the state.

3. Requires the Board to do all of the following:

1. Establish guidelines for reaching as many visually impaired persons as practical;

2. Make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters;

3. Increase the distribution of public service announcements identifying the availability of ballot pamphlet audio recordings at least 45 days before any federal, state, or local election; and,

4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for those who are visually handicapped, and the toll-free telephone service regarding the California State Library and regional library service for the visually impaired.

4. Prohibits a member of the Board from receiving compensation. Provides that each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the Board.

5. Requires the SOS to produce an audio recorded version of the state ballot pamphlet. Requires the audio recorded version to be made available in quantities to be determined by the SOS and contain information concerning each statewide measure, as specified.

6. Requires the SOS to make available the complete state ballot pamphlet over the Internet. Requires the online version of the state ballot pamphlet to contain certain voter information, as specified.

This bill:

1. Requires the SOS to establish the Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities, and permits the SOS to implement the Committee’s recommendations as he or she deems appropriate. Specifically, this bill:

   1. Provides that the Committee consist of the SOS, his or her designees, and additional members appointed by the SOS. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official.

   2. The Committee shall serve in an advisory capacity to the SOS and is required to do all of the following:

      1. Establish guidelines for reaching as many voters with disabilities as practical.

      2. Make recommendations for improving the availability and accessibility of election materials, including but not limited to sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery to voters with disabilities, either in print or alternate formats.

      3. Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility.

      4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability.

      5. Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

      6. Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters.

      7. Promote the use of plain language and alternative formats for election materials.

      8. Make recommendations for materials used to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations.

      9. Establish subcommittees on, including but not limited to, visually impaired voters and deaf or hard of hearing voters.
         
         

2. Requires information made available by the SOS over the Internet meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide Web Consortium for accessibility. Permits the SOS to implement recommendations of the Committee.

3. Requires county and city elections officials that make the sample ballot, voter pamphlet, notice of polling place and associated materials accessible on the county's or city's Internet Web site to meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility. Permits election officials to implement recommendations of the Committee made pursuant to the guidelines promulgated by the SOS related to the accessibility of polling places by the physically handicapped.

4. Makes other technical changes.

Background

Visually Impaired Voter Assistance Act of 1989: Existing law required the SOS to establish the Board in 1989. One of the main purposes of the Board is to establish guidelines for reaching as many visually impaired individuals as practical and make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. However, according to the SOS's office, the Board is not currently functioning and has been incorporated into the SOS's Statewide Voting Accessibility Advisory Committee (Committee).

Voting Accessibility Advisory Committee: On the state level, the SOS has established the statewide Committee, which is designed to advise, assist, and provide recommendations to the SOS’s office on how voters with disabilities can vote independently and privately. For instance, Committee members have been influential in assisting with numerous projects, including the polling place accessibility guidelines. Committee members have also helped raise awareness of disability issues through their involvement in the development of the voter accessibility survey and production of the polling place accessibility surveyor training video.

On the local level, some county elections officials have established local voting accessibility advisory committees to help advise and assist on local election issues. For example, Los Angeles County established a local VAAC Committee in 2006 to assist the registrar-recorder/county clerk in implementing innovative strategies and improving accessibility and participation in the election process for individuals within the full spectrum of disabilities.

Voter Materials Online: On the state level, existing law requires the SOS to make the state ballot pamphlet available over the Internet and also requires the SOS to establish processes that enable a voter to opt out of receiving by mail the state ballot pamphlet and instead receive it in an electronic format or an electronic notification making the pamphlet available by means of online access. This requirement, however, is not effective until the SOS certifies that the statewide voter database known as VoteCal is operational. According to the SOS, the VoteCal database is expected to be fully deployed by the end of June 2016.

On the local level, existing law permits county elections officials to provide voter materials online. Specifically, existing law permits county elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county's Internet Web site.

Comments

1. According to the author, in 2010, legislation was passed to allow county and city officials to provide election information in an electronic format via email or by making them accessible on their internet web site. While some counties and cities have adopted this process, election information provided electronically is not always accessible for voters with disabilities. Audio recordings of voter pamphlets or sample ballots are sometimes available but there is little, if any, candidate information available in an accessible format. This is particularly true for local elections where candidate information or ballot issues are not always accessible.
   
   AB 683 will require the Voting Accessibility Advisory Committee (VAAC) to provide the Secretary of State with recommendations on making election information and the election process more accessible for voters with disabilities. The bill further allows the VAAC to establish subcommittees to improve services and accessibility for voters with disabilities, including but not limited to, visually impaired and deaf or hard of hearing voters.
   
   By making information available in accessible formats people with disabilities can use their own accessible technologies to research candidates and issues that appear on their ballot. AB 683 will allow all voters to be better participants in our democracy.
   
   

2. New Electronic and Information Technology Requirement. This bill requires information made available over the Internet to comply with standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility.
   
   Section 508 of the federal Rehabilitation Act requires federal agencies' electronic and information technology be accessible to people with disabilities, including employees and members of the public. Specifically, Section 508 establishes requirements for any electronic and information technology developed, maintained, procured, or used by the federal government.
   
   The WCAG 2.0 covers a wide range of recommendations for making web content more accessible. The objective of the guidelines is to make content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. WCAG 2.0 was developed in cooperation with individuals and organizations around the world, with a goal of providing a shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. WCAG 2.0 builds on WCAG 1.0 and is designed to apply broadly to different web technologies now and in the future, and to be testable with a combination of automated testing and human evaluation.
   
   According to the SOS’s office, the SOS’s Internet Web site mostly complies with Section 508 of the federal Rehabilitation Act, however, it is unclear whether the SOS's Internet Web site currently complies with the WCAG 2.0 standard adopted by the World Wide Web Consortium for accessibility.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/26/15)

Secretary of State Alex Padilla

California Foundation for Independent Living Centers

OPPOSITION: (Verified 8/17/15)

California Council of the Blind

ARGUMENTS IN SUPPORT: The California Foundation for Independent Living Centers (CFILC) in support of this bill states,

Existing law required the Secretary of State (SOS) to establish a “Visually Impaired Voter Assistance Board” to make recommendations to improve the availability and accessibility of ballot pamphlets, audio recordings, and elections materials for delivery to visually impaired voters. In addition, current law allows city and county elections officials to provide election-related information via email or by making them accessible on their Internet websites.

Unfortunately, while some audio materials have been made available to visually impaired voters pursuant to these requirements, other cities and counties have not met the requirement to provide those materials in accessible formats. Similarly, while some cities and counties have adopted processes for emailing election materials or making them available on websites, there is substantial need for improvement to maximize the participation of voters with disabilities in the elections process.

In order to better address these issues, AB 683 would rename and reconstitute the membership of a new “Voting Accessibility Advisory Committee” that would be required to make recommendations for consideration by the SOS to improve the accessibility of elections materials to all voters with disabilities. Therefore, in addition to assisting voters who are blind or visually impaired, AB 683 would expand the categories of targeted voters to include a broader and much more inclusive range of eligible voters with disabilities, including those who are deaf or have a hearing loss; and those with learning disabilities, cognitive impairments, limited movement, speech disabilities, photosensitivity, or any combinations thereof.

As a cross-disability organization, CFILC strongly supports AB 683 because it would promote the enfranchisement of people with all types of disabilities.

ARGUMENTS IN OPPOSITION: The California Council of the Blind (CCB) states in opposition, CCB is extremely concerned that the language establishing the Visually Impaired subcommittee fails to stipulate representation from the two major consumer organizations in California, particularly the California Council of the Blind. We feel strongly that individuals representing blindness-specific organizations should be the ones serving on this important subcommittee.

ASSEMBLY FLOOR: 76-0, 5/26/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis

Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106

8/26/15 16:18:46

**** END ****

 THIRD READING  

Bill No: AB 683

Author: Low (D)

Amended: 6/23/15 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 6/30/15

AYES: Allen, Anderson, Hertzberg, Liu

NO VOTE RECORDED: Hancock

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote

SUBJECT: Voting Accessibility Advisory Committee

SOURCE: Author

DIGEST: This bill, among other things, requires the Secretary of State (SOS) to establish a Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities.

ANALYSIS:

Existing law:

1. Provides that it is the intent of the Legislature to promote the fundamental right to vote of visually impaired individuals, and to make efforts to improve public awareness of the availability of ballot pamphlet audio recordings and improve their delivery to these voters.

2. Requires the SOS to establish the Visually Impaired Voter Assistance Advisory Board (Board). Requires the Board to consist of the SOS or his or her designee and the following membership, appointed by the SOS:

1. A representative from the State Advisory Council in Libraries; and,

2. One member from each of three private organizations. Requires two of the organizations to be representative of organizations for blind persons in the state.

3. Requires the Board to do all of the following:

1. Establish guidelines for reaching as many visually impaired persons as practical;

2. Make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters;

3. Increase the distribution of public service announcements identifying the availability of ballot pamphlet audio recordings at least 45 days before any federal, state, or local election; and,

4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for those who are visually handicapped, and the toll-free telephone service regarding the California State Library and regional library service for the visually impaired.

4. Prohibits a member of the Board from receiving compensation. Provides that each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the Board.

5. Requires the SOS to produce an audio recorded version of the state ballot pamphlet. Requires the audio recorded version to be made available in quantities to be determined by the SOS and contain information concerning each statewide measure, as specified.

6. Requires the SOS to make available the complete state ballot pamphlet over the Internet. Requires the online version of the state ballot pamphlet to contain certain voter information, as specified.

This bill:

1. Requires the SOS to establish the Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities, and permits the SOS to implement the Committee’s recommendations as he or she deems appropriate. Specifically, this bill:

   1. Provides that the Committee consist of the SOS, his or her designees, and additional members appointed by the SOS. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official.

   2. The Committee shall serve in an advisory capacity to the SOS and is required to do all of the following:

      1. Establish guidelines for reaching as many voters with disabilities as practical.

      2. Make recommendations for improving the availability and accessibility of election materials, including but not limited to sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery to voters with disabilities, either in print or alternate formats.

      3. Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility.

      4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability.

      5. Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

      6. Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters.

      7. Promote the use of plain language and alternative formats for election materials.

      8. Make recommendations for materials used to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations.

      9. Establish subcommittees on, including but not limited to, visually impaired voters and deaf or hard of hearing voters.
         
         

2. Requires information made available by the SOS over the Internet meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide Web Consortium for accessibility. Permits the SOS to implement recommendations of the Committee.

3. Requires county and city elections officials that make the sample ballot, voter pamphlet, notice of polling place and associated materials accessible on the county's or city's Internet Web site to meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility. Permits election officials to implement recommendations of the Committee made pursuant to the guidelines promulgated by the SOS related to the accessibility of polling places by the physically handicapped.

4. Makes other technical changes.

Background

Visually Impaired Voter Assistance Act of 1989: Existing law required the SOS to establish the Board in 1989. One of the main purposes of the Board is to establish guidelines for reaching as many visually impaired individuals as practical and make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. However, according to the SOS's office, the Board is not currently functioning and has been incorporated into the SOS's Statewide Voting Accessibility Advisory Committee (Committee).

Voting Accessibility Advisory Committee: On the state level, the SOS has established the statewide Committee, which is designed to advise, assist, and provide recommendations to the SOS’s office on how voters with disabilities can vote independently and privately. For instance, Committee members have been influential in assisting with numerous projects, including the polling place accessibility guidelines. Committee members have also helped raise awareness of disability issues through their involvement in the development of the voter accessibility survey and production of the polling place accessibility surveyor training video.

On the local level, some county elections officials have established local voting accessibility advisory committees to help advise and assist on local election issues. For example, Los Angeles County established a local VAAC Committee in 2006 to assist the registrar-recorder/county clerk in implementing innovative strategies and improving accessibility and participation in the election process for individuals within the full spectrum of disabilities.

Voter Materials Online: On the state level, existing law requires the SOS to make the state ballot pamphlet available over the Internet and also requires the SOS to establish processes that enable a voter to opt out of receiving by mail the state ballot pamphlet and instead receive it in an electronic format or an electronic notification making the pamphlet available by means of online access. This requirement, however, is not effective until the SOS certifies that the statewide voter database known as VoteCal is operational. According to the SOS, the VoteCal database is expected to be fully deployed by the end of June 2016.

On the local level, existing law permits county elections officials to provide voter materials online. Specifically, existing law permits county elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county's Internet Web site.

Comments

1. According to the author, in 2010, legislation was passed to allow county and city officials to provide election information in an electronic format via email or by making them accessible on their internet web site. While some counties and cities have adopted this process, election information provided electronically is not always accessible for voters with disabilities. Audio recordings of voter pamphlets or sample ballots are sometimes available but there is little, if any, candidate information available in an accessible format. This is particularly true for local elections where candidate information or ballot issues are not always accessible.
   
   AB 683 will require the Voting Accessibility Advisory Committee (VAAC) to provide the Secretary of State with recommendations on making election information and the election process more accessible for voters with disabilities. The bill further allows the VAAC to establish subcommittees to improve services and accessibility for voters with disabilities, including but not limited to, visually impaired and deaf or hard of hearing voters.
   
   By making information available in accessible formats people with disabilities can use their own accessible technologies to research candidates and issues that appear on their ballot. AB 683 will allow all voters to be better participants in our democracy.
   
   

2. New Electronic and Information Technology Requirement. This bill requires information made available over the Internet to comply with standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility.
   
   Section 508 of the federal Rehabilitation Act requires federal agencies' electronic and information technology be accessible to people with disabilities, including employees and members of the public. Specifically, Section 508 establishes requirements for any electronic and information technology developed, maintained, procured, or used by the federal government.
   
   The WCAG 2.0 covers a wide range of recommendations for making web content more accessible. The objective of the guidelines is to make content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. WCAG 2.0 was developed in cooperation with individuals and organizations around the world, with a goal of providing a shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. WCAG 2.0 builds on WCAG 1.0 and is designed to apply broadly to different web technologies now and in the future, and to be testable with a combination of automated testing and human evaluation.
   
   According to the SOS’s office, the SOS’s Internet Web site mostly complies with Section 508 of the federal Rehabilitation Act, however, it is unclear whether the SOS's Internet Web site currently complies with the WCAG 2.0 standard adopted by the World Wide Web Consortium for accessibility.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/17/15)

California Foundation for Independent Living Centers

OPPOSITION: (Verified 8/17/15)

California Council of the Blind

ARGUMENTS IN SUPPORT: The California Foundation for Independent Living Centers (CFILC) in support of this bill states,

Existing law required the Secretary of State (SOS) to establish a “Visually Impaired Voter Assistance Board” to make recommendations to improve the availability and accessibility of ballot pamphlets, audio recordings, and elections materials for delivery to visually impaired voters. In addition, current law allows city and county elections officials to provide election-related information via email or by making them accessible on their Internet websites.

Unfortunately, while some audio materials have been made available to visually impaired voters pursuant to these requirements, other cities and counties have not met the requirement to provide those materials in accessible formats. Similarly, while some cities and counties have adopted processes for emailing election materials or making them available on websites, there is substantial need for improvement to maximize the participation of voters with disabilities in the elections process.

In order to better address these issues, AB 683 would rename and reconstitute the membership of a new “Voting Accessibility Advisory Committee” that would be required to make recommendations for consideration by the SOS to improve the accessibility of elections materials to all voters with disabilities. Therefore, in addition to assisting voters who are blind or visually impaired, AB 683 would expand the categories of targeted voters to include a broader and much more inclusive range of eligible voters with disabilities, including those who are deaf or have a hearing loss; and those with learning disabilities, cognitive impairments, limited movement, speech disabilities, photosensitivity, or any combinations thereof.

As a cross-disability organization, CFILC strongly supports AB 683 because it would promote the enfranchisement of people with all types of disabilities.

ARGUMENTS IN OPPOSITION: The California Council of the Blind (CCB) states in opposition, CCB is extremely concerned that the language establishing the Visually Impaired subcommittee fails to stipulate representation from the two major consumer organizations in California, particularly the California Council of the Blind. We feel strongly that individuals representing blindness-specific organizations should be the ones serving on this important subcommittee.

ASSEMBLY FLOOR: 76-0, 5/26/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis

Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106

8/19/15 20:51:09

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Ben Allen, Chair

2015 - 2016 Regular

Bill No: AB 683 Hearing Date: 6/30/15

Subject: Voting Accessibility Advisory Committee

DIGEST

This bill, among other things, requires the Secretary of State (SOS) to establish a Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities.

ANALYSIS

Existing law:

1. Provides that it is the intent of the Legislature to promote the fundamental right to vote of visually impaired individuals, and to make efforts to improve public awareness of the availability of ballot pamphlet audio recordings and improve their delivery to these voters.

2. Requires the SOS to establish the Visually Impaired Voter Assistance Advisory Board (Board). Requires the Board to consist of the SOS or his or her designee and the following membership, appointed by the SOS:
   
   

a) A representative from the State Advisory Council in Libraries; and,

b) One member from each of three private organizations. Requires two of the

organizations to be representative of organizations for blind persons in the state.

3) Requires the Board to do all of the following:

a) Establish guidelines for reaching as many visually impaired persons as practical;

b) Make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters;

c) Increase the distribution of public service announcements identifying the availability of ballot pamphlet audio recordings at least 45 days before any federal, state, or local election; and,

d) Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for those who are visually handicapped, and the toll-free telephone service regarding the California State Library and regional library service for the visually impaired.

4) Prohibits a member of the Board from receiving compensation. Provides that each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the Board.

5) Requires the SOS to produce an audio recorded version of the state ballot pamphlet. Requires the audio recorded version to be made available in quantities to be determined by the SOS and contain information concerning each statewide measure, as specified.

6) Requires the SOS to make available the complete state ballot pamphlet over the Internet. Requires the online version of the state ballot pamphlet to contain certain voter information, as specified.

This bill:

1. Requires the SOS to establish the Voting Accessibility Advisory Committee (Committee) and requires the SOS to consult with, and consider the Committee’s recommendations related to improving the accessibility of elections for voters with disabilities, and permits the SOS to implement the Committee’s recommendations as he or she deems appropriate. Specifically, this bill:

   1. Provides that the Committee consist of the SOS, his or her designees, and additional members appointed by the SOS. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official.

   2. The Committee shall serve in an advisory capacity to the SOS and is required to do all of the following:

      1. Establish guidelines for reaching as many voters with disabilities as practical.

      2. Make recommendations for improving the availability and accessibility of election materials, including but not limited to sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery to voters with disabilities, either in print or alternate formats.

      3. Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility.

      4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability.

      5. Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.

      6. Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters.

      7. Promote the use of plain language and alternative formats for election materials.

      8. Make recommendations for materials used to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations.

      9. Establish subcommittees on, including but not limited to, visually impaired voters and deaf or hard of hearing voters.
         
         

2. Requires information made available by the SOS over the Internet meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide Web Consortium for accessibility. Permits the SOS to implement recommendations of the Committee.

3. Requires county and city elections officials that make the sample ballot, voter pamphlet, notice of polling place and associated materials accessible on the county's or city's Internet Web site to meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility. Permits election officials to implement recommendations of the Committee made pursuant to the guidelines promulgated by the SOS related to the accessibility of polling places by the physically handicapped.

4. Makes other technical changes.

BACKGROUND

Visually Impaired Voter Assistance Act of 1989: Existing law required the SOS to establish the Board in 1989. One of the main purposes of the Board is to establish guidelines for reaching as many visually impaired individuals as practical and make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. However, according to the SOS's office, the Board is not currently functioning and has been incorporated into the SOS's Statewide Voting Accessibility Advisory Committee (Committee).

Voting Accessibility Advisory Committee: On the state level, the SOS has established the statewide Committee, which is designed to advise, assist, and provide recommendations to the SOS’s office on how voters with disabilities can vote independently and privately. For instance, Committee members have been influential in assisting with numerous projects, including the polling place accessibility guidelines. Committee members have also helped raise awareness of disability issues through their involvement in the development of the voter accessibility survey and production of the polling place accessibility surveyor training video.

On the local level, some county elections officials have established local voting accessibility advisory committees to help advise and assist on local election issues. For example, Los Angeles County established a local VAAC Committee in 2006 to assist the registrar-recorder/county clerk in implementing innovative strategies and improving accessibility and participation in the election process for individuals within the full spectrum of disabilities.

Voter Materials Online: On the state level, existing law requires the SOS to make the state ballot pamphlet available over the Internet and also requires the SOS to establish processes that enable a voter to opt out of receiving by mail the state ballot pamphlet and instead receive it in an electronic format or an electronic notification making the pamphlet available by means of online access. This requirement, however, is not effective until the SOS certifies that the statewide voter database known as VoteCal is operational. According to the SOS, the VoteCal database is expected to be fully deployed by the end of June 2016.

On the local level, existing law permits county elections officials to provide voter materials online. Specifically, existing law permits county elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county's Internet Web site.

COMMENTS

1. According to the author, In 2010, legislation was passed to allow county and city officials to provide election information in an electronic format via email or by making them accessible on their internet web site. While some counties and cities have adopted this process, election information provided electronically is not always accessible for voters with disabilities. Audio recordings of voter pamphlets or sample ballots are sometimes available but there is little, if any, candidate information available in an accessible format. This is particularly true for local elections where candidate information or ballot issues are not always accessible.
   
   AB 683 will require the Voting Accessibility Advisory Committee (VAAC) to provide the Secretary of State with recommendations on making election information and the election process more accessible for voters with disabilities. The bill further allows the VAAC to establish subcommittees to improve services and accessibility for voters with disabilities, including but not limited to, visually impaired and deaf or hard of hearing voters.
   
   By making information available in accessible formats people with disabilities can use their own accessible technologies to research candidates and issues that appear on their ballot. AB 683 will allow all voters to be better participants in our democracy.
   
   

2. New Electronic and Information Technology Requirement. This bill requires information made available over the Internet to comply with standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility.
   
   Section 508 of the federal Rehabilitation Act requires federal agencies' electronic and information technology be accessible to people with disabilities, including employees and members of the public. Specifically, Section 508 establishes requirements for any electronic and information technology developed, maintained, procured, or used by the federal government.
   
   The WCAG 2.0 covers a wide range of recommendations for making web content more accessible. The objective of the guidelines is to make content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. WCAG 2.0 was developed in cooperation with individuals and organizations around the world, with a goal of providing a shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. WCAG 2.0 builds on WCAG 1.0 and is designed to apply broadly to different web technologies now and in the future, and to be testable with a combination of automated testing and human evaluation.
   
   According to the SOS’s office, the SOS’s Internet Web site mostly complies with Section 508 of the federal Rehabilitation Act, however, it is unclear whether the SOS's Internet Web site currently complies with the WCAG 2.0 standard adopted by the World Wide Web Consortium for accessibility.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: None received

Oppose: California Council of the Blind

-- END --

Date of Hearing: May 20, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 683

Author:(Low) – As Amended Ver:May 13, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill establishes in statute the Secretary of State's (SOS's) Voting Accessibility Advisory Committee (VAAC) for purposes of making recommendations to improve the accessibility of elections for voters with disabilities.

FISCAL EFFECT:

Absorbable costs to the SOS, as the bill is consistent with current functions of the advisory committee, with support provided by the office.

COMMENTS:

Purpose. According to the SOS, the VAAC has conducted much valuable work. For example, the committee has provided input on many voting-related projects and issues, including the polling place accessibility guidelines, checklist, and training video; voting system accessibility; a confidential voter accessibility survey; the online voter registration application system, and the accessibility of online election materials.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Sebastian Ridley-Thomas, Chair

ABPCA Bill Id:AB 683

Author:(Low) – As Amended Ver:March 24, 2015

SUBJECT: Online ballot materials: accessibility.

SUMMARY: Requires the Visually Impaired Voter Assistance Advisory Board (Board) to make additional recommendations to the Secretary of State (SOS) for improving the accessibility of election materials made available over the Internet, as specified. Specifically, this bill:

1. Requires the Board to make recommendations to the SOS for improving accessibility of election materials made available over the Internet, including the state ballot pamphlet, the sample ballot and notice of polling place, the voter pamphlet, and any associated materials. Requires the Board, in making recommendations, to consider the following:

   1. Nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access as provided to other voters who are not disabled; and,

   2. Recommendations from representatives of blind consumer organizations, experts in accessible software and hardware design, and any other individual or organization the SOS or the Board determines to be appropriate.

2. Requires the online version of the state ballot pamphlet to conform to the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide Web Consortium for accessibility. Permits the SOS to implement recommendations of the Board made pursuant to the provisions of this bill.

3. Requires county and city elections officials that make the sample ballot, voter pamphlet, notice of polling place and associated materials accessible on the county's or city's Internet Web site to conform to the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility. Permits an elections official to implement recommendations of the Board made pursuant to the guidelines promulgated by the SOS related to the accessibility of polling places by the physically handicapped.

EXISTING LAW:

1. Provides that it is the intent of the Legislature to promote the fundamental right to vote of visually impaired individuals, and to make efforts to improve public awareness of the availability of ballot pamphlet audio recordings and improve their delivery to these voters.

2. Requires the SOS to establish the Board. Requires the Board to consist of the SOS or his or her designee and the following membership, appointed by the SOS:

   1. A representative from the State Advisory Council in Libraries; and,

   2. One member from each of three private organizations. Requires two of the organizations to be representative of organizations for blind persons in the state.

3. Requires the Board to do all of the following:

   1. Establish guidelines for reaching as many visually impaired persons as practical;

   2. Make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters;

   3. Increase the distribution of public service announcements identifying the availability of ballot pamphlet audio recordings at least 45 days before any federal, state, or local election; and,

   4. Promote the SOS’s toll-free voter registration telephone line for citizens needing voter registration information, including information for those who are visually handicapped, and the toll-free telephone service regarding the California State Library and regional library service for the visually impaired.

4. Prohibits a member of the Board from receiving compensation. Provides that each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the Board.

5. Requires the SOS to produce an audio recorded version of the state ballot pamphlet. Requires the audio recorded version to be made available in quantities to be determined by the SOS and contain information concerning each statewide measure, as specified.

6. Requires the SOS to make available the complete state ballot pamphlet over the Internet. Requires the online version of the state ballot pamphlet to contain certain voter information, as specified.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

In 2010, legislation was passed to allow county and city officials to provide election information in an electronic format via email or by making them accessible on their internet web site. While some counties and cities have adopted this process, many counties and the state do not provide election information in accessible forms for voters with disabilities. Audio recordings of voter pamphlets or sample ballots are sometimes available but there is little, if any, candidate information available in an accessible format. This is especially true for local elections where candidate information or ballot issues are not accessible.

AB 683 will provide accessible voting information, so people with disabilities can use their own accessible technologies to research candidates and issues that appear on their ballot. AB 683 will help voters with disabilities educate themselves and allow them to [be] better participants in our democracy.

2. Visually Impaired Voter Assistance Act of 1989: Current law required the SOS to establish the Board in 1989. One of the main purposes of the Board is to establish guidelines for reaching as many visually impaired individuals as practical and make recommendations to the SOS for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. However, according to the SOS's office, the Board is not currently functioning and has been incorporated into the SOS's Statewide Voting Accessibility Advisory Committee (VAAC).
   
   
   

3. Voting Accessibility Advisory Committee: On the state level, the SOS has established the statewide VAAC, which is designed to advise, assist, and provide recommendations to the SOS’s office on how voters with disabilities can vote independently and privately. For instance, VAAC members have been influential in assisting with numerous projects, including the polling place accessibility guidelines. VAAC members have also helped raise awareness of disability issues through their involvement in the development of the voter accessibility survey and production of the polling place accessibility surveyor training video.
   
   On the local level, some county elections officials have established local voting accessibility advisory committees to help advise and assist on local election issues. For example, Los Angeles County established a local VAAC in 2006 to assist the registrar-recorder/county clerk in implementing innovative strategies and improving accessibility and participation in the election process for individuals within the full spectrum of disabilities.

4. Voter Materials Online: On the state level, existing law requires the SOS to make the state ballot pamphlet available over the Internet, as specified. In addition, current law requires the SOS to establish processes that enable a voter to opt out of receiving by mail the state ballot pamphlet and instead receive it in an electronic format or an electronic notification making the pamphlet available by means of online access. This requirement, however, is not operational until the SOS certifies that the state has a statewide voter database, also known as VoteCal. According to SOS, VoteCal is expected to be operational in June 2016.
   
   On the local level, current law permits county elections officials to provide voter materials online. Specifically, existing law permits county elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county's Internet Web site, as specified.
   
   

5. New Electronic and Information Technology Requirements: This bill requires information made available over the Internet to comply with standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility.
   
   Section 508 of the federal Rehabilitation Act requires federal agencies' electronic and information technology be accessible to people with disabilities, including employees and members of the public. Specifically, Section 508 establishes requirements for any electronic and information technology developed, maintained, procured, or used by the federal government.
   
   The WCAG 2.0 covers a wide range of recommendations for making web content more accessible. The objective of the guidelines is to make content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. WCAG 2.0 was developed in cooperation with individuals and organizations around the world, with a goal of providing a shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. WCAG 2.0 builds on WCAG 1.0 and is designed to apply broadly to different web technologies now and in the future, and to be testable with a combination of automated testing and human evaluation.
   
   According to the SOS’s office, the SOS’s Internet Web site mostly complies with Section 508 of the federal Rehabilitation Act, however, it is unclear whether the SOS's Internet Web site currently complies with the WCAG 2.0 adopted by the World Wide Web Consortium for accessibility.
   
   A search by committee staff revealed that some county elections official's Internet Web sites may comply, to a certain extent, with the online accessibility standards of the World Wide Web Consortium, however, according to a county elections official's representative, county elections officials are required to comply with the Americans with Disabilities Act, but compliance with Section 508 of the federal Rehabilitation Act does not extend to counties. As a result, this bill would require those counties that do make voter materials accessible online to abide by new technology guidelines outlined in this bill. Would the new technology standards in this bill be a disincentive for counties to provide voter materials online?
   
   Moreover, the online accessibility standards required in this bill, particularly the WCAG 2.0, are very specific. Theoretically, as technology changes and evolves, so too would the online accessibility standards and guidelines. As a result, the committee may wish to consider whether it is prudent to place specific standards and guidelines in statute and instead require the technology requirements to be broader.

6. Arguments in Support: Disability Rights California has a position of support, with reservations, on this bill. In its letter, the organization writes:
   
   

In order to provide access to voter information materials on the internet, it is critical that materials are accessible to people with disabilities and internet sites comply with access requirements. This bill will take steps to help improve access for people with visual impairments. While we applaud increasing access for people with visual impairments, we are concerned that access concerns for other disabilities are not being addressed, such as people who are deaf and people with intellectual disabilities. People who are deaf need material in American Sign Language and people with intellectual disabilities need material that is in plain language and a website that is easy to understand and navigate. Is the plan to set up boards and committees for each disability community? It seems a better approach would be to set up one board or committee to make recommendations to improve disability access to voting and ensure that board or committee has appropriate staffing. Further, as far as [Disability Rights California] knows, the Visually Impaired Voter Assistance Board is not currently a functional board, even though the statute created it in 1989.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (with reservations)

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094