Bill Text: NY S04135 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Provides that absentee ballots for all elections shall be made available in Braille and large print, upon request of a blind or visually impaired voter no less than 30 days prior to each election day.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-08 - PRINT NUMBER 4135B [S04135 Detail]

Download: New_York-2013-S04135-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4135--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Elections  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the election law and the education law, in relation to
         making absentee ballots available  in  Braille  and  large-print;  and
         providing  for  the  repeal  of certain provisions upon the expiration
         thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The election law is amended by adding a new section 7-107
    2  to read as follows:
    3    S 7-107. ABSENTEE BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAIL-
    4  ABLE.  1. ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT  SHALL  BE
    5  MADE  AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR
    6  VISUALLY IMPAIRED.  PERSONS WISHING TO RECEIVE  BRAILLE  OR  LARGE-PRINT
    7  ABSENTEE  BALLOTS  MUST GIVE NOTICE THEREOF TO THE BOARD OF ELECTIONS NO
    8  LESS THAN THIRTY DAYS PRIOR TO EACH ELECTION DAY TO ENABLE THE BOARD  TO
    9  PREPARE AND DISTRIBUTE SUCH BALLOTS.
   10    2.  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES FOR THE PREPA-
   11  RATION, DISTRIBUTION, CASTING, AND CANVASS OF  BRAILLE  AND  LARGE-PRINT
   12  ABSENTEE  BALLOTS.    THE  STATE  BOARD  OF  ELECTIONS SHALL DEVELOP THE
   13  INITIAL FORMAT FOR BOTH BRAILLE AND LARGE-PRINT BALLOTS IN  CONSULTATION
   14  WITH  AT  LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE
   15  FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER  APPROPRI-
   16  ATE  PERSONS,  GROUPS,  ENTITIES  OR ORGANIZATIONS AS THE STATE BOARD OF
   17  ELECTIONS SHALL DETERMINE. FOR THE PURPOSE OF  THIS  SECTION,  "BRAILLE"
   18  REFERS  TO GRADE TWO BRAILLE AND "LARGE-PRINT" REFERS TO A FONT OF EIGH-
   19  TEEN POINT OR LARGER.  UPON THE PRINTING OF A BRAILLE BALLOT, THE  BOARD
   20  OF  ELECTIONS  SHALL  REQUIRE  SUCH  BRAILLE BALLOT TO BE PROOFREAD BY A
   21  QUALIFIED BRAILLE READER.  THE STATE BOARD OF ELECTIONS SHALL  ESTABLISH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05514-03-3
       S. 4135--A                          2
    1  THE MINIMUM QUALIFICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTA-
    2  TION  WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN
    3  THE FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPRO-
    4  PRIATE  PERSONS,  GROUPS,  ENTITIES OR ORGANIZATIONS AS SUCH BOARD SHALL
    5  DETERMINE.
    6    S 2.  The education law is amended by adding a new section  2022-a  to
    7  read as follows:
    8    S 2022-A.  BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE. 1.
    9  ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
   10  ABLE  FOR EVERY ELECTION UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS
   11  BLIND OR VISUALLY IMPAIRED. SUCH BALLOTS  SHALL  BE  MADE  AVAILABLE  AT
   12  POLLING  PLACES  UPON REQUEST, AND MAY BE USED BY A VOTER IN LIEU OF THE
   13  VOTING MACHINE.   ABSENTEE BALLOTS PRINTED IN  BRAILLE  AND  LARGE-PRINT
   14  SHALL  BE MADE AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS
   15  BLIND OR VISUALLY IMPAIRED.  PERSONS  WISHING  TO  RECEIVE  BRAILLE  AND
   16  LARGE-PRINT  ABSENTEE  OR  IN-PERSON BALLOTS MUST GIVE NOTICE THEREOF NO
   17  LESS THAN THIRTY DAYS PRIOR TO EACH ELECTION DAY TO  ENABLE  PREPARATION
   18  AND DISTRIBUTION OF SUCH BALLOTS.
   19    2.   THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD  OF
   20  ELECTIONS, SHALL PROMULGATE RULES  FOR  THE  PREPARATION,  DISTRIBUTION,
   21  CASTING,  AND  CANVASS  OF BRAILLE AND LARGE-PRINT ABSENTEE BALLOTS. THE
   22  DEPARTMENT SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND  LARGE-
   23  PRINT  BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE ORGAN-
   24  IZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE  WITH  DISA-
   25  BILITIES  AND  SUCH  OTHER  APPROPRIATE  PERSONS,  GROUPS,  ENTITIES  OR
   26  ORGANIZATIONS AS SUCH BOARD SHALL DETERMINE. FOR THE  PURPOSES  OF  THIS
   27  SECTION,  "BRAILLE" REFERS TO GRADE TWO BRAILLE AND "LARGE-PRINT" REFERS
   28  TO A FONT OF EIGHTEEN POINT OR LARGER. UPON THE PRINTING  OF  A  BRAILLE
   29  BALLOT,  SUCH  BRAILLE  BALLOT SHALL BE PROOFREAD BY A QUALIFIED BRAILLE
   30  READER. THE DEPARTMENT SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR  A
   31  BRAILLE  BALLOT PROOFREADER IN CONSULTATION WITH AT LEAST THREE NEW YORK
   32  STATE ORGANIZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY  FOR  PEOPLE
   33  WITH  DISABILITIES  AND SUCH OTHER APPROPRIATE PERSONS, GROUPS, ENTITIES
   34  OR ORGANIZATIONS AS SUCH DEPARTMENT SHALL DETERMINE.
   35    S 3. The education law is amended by adding a new  section  2022-a  to
   36  read as follows:
   37    S  2022-A. BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE. 1.
   38  ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
   39  ABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND  OR  VISUALLY
   40  IMPAIRED.  PERSONS  WISHING  TO RECEIVE BRAILLE AND LARGE-PRINT ABSENTEE
   41  BALLOTS MUST GIVE NOTICE THEREOF NO LESS THAN THIRTY DAYS PRIOR TO  EACH
   42  ELECTION DAY TO ENABLE PREPARATION AND DISTRIBUTION OF SUCH BALLOTS.
   43    2.   THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD  OF
   44  ELECTIONS, SHALL PROMULGATE RULES  FOR  THE  PREPARATION,  DISTRIBUTION,
   45  CASTING,  AND  CANVASS  OF BRAILLE AND LARGE-PRINT ABSENTEE BALLOTS. THE
   46  DEPARTMENT SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND  LARGE-
   47  PRINT  BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE ORGAN-
   48  IZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE  WITH  DISA-
   49  BILITIES  AND  SUCH  OTHER  APPROPRIATE  PERSONS,  GROUPS,  ENTITIES  OR
   50  ORGANIZATIONS AS SUCH BOARD SHALL DETERMINE. FOR THE  PURPOSES  OF  THIS
   51  SECTION,  "BRAILLE" REFERS TO GRADE TWO BRAILLE AND "LARGE-PRINT" REFERS
   52  TO A FONT OF EIGHTEEN POINT OR LARGER. UPON THE PRINTING  OF  A  BRAILLE
   53  BALLOT,  SUCH  BRAILLE  BALLOT SHALL BE PROOFREAD BY A QUALIFIED BRAILLE
   54  READER. THE DEPARTMENT SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR  A
   55  BRAILLE  BALLOT PROOFREADER IN CONSULTATION WITH AT LEAST THREE NEW YORK
   56  STATE ORGANIZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY  FOR  PEOPLE
       S. 4135--A                          3
    1  WITH  DISABILITIES  AND SUCH OTHER APPROPRIATE PERSONS, GROUPS, ENTITIES
    2  OR ORGANIZATIONS AS SUCH DEPARTMENT SHALL DETERMINE.
    3    S  4.  This  act  shall take effect immediately; provided however that
    4  sections one and two of this act shall  take  effect  on  the  first  of
    5  December  next  succeeding the date on which it shall have become a law;
    6  provided, further that section 2022-a of  the  education  law  added  by
    7  section  two of this act shall expire and be deemed repealed on the same
    8  date as chapter 359 of the laws of 2010 expires, when upon such date the
    9  provisions of section three of this act shall take effect; and provided,
   10  further that  effective  immediately,  the  addition,  amendment  and/or
   11  repeal  of  any  rule  or regulation necessary for the implementation of
   12  this act on its effective date are authorized to be made  on  or  before
   13  such effective date.