Senate Bill No. 226
(By Senator Hunter, Redd, Fanning, Mitchell, Love, Oliverio,
Rowe, Burnette and Caldwell)
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[Introduced January 16, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-c, relating
to securing the right of blind and visually impaired people
to vote under the same conditions of privacy and
independence as sighted people through the procurement of
electronic voting technology and systems in accordance with
certification criteria for equivalent access by visual and
nonvisual means; requiring the secretary of state to ensure
compliance with this voting procedure; and providing for
injunctive relief for violations.
Be it enacted by the Legislature of West Virginia:
That chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-c, to read
as follows:
ARTICLE 1C. ACCESSIBLE VOTING TECHNOLOGY ACT.
§3-1C-1. Short title.
This article may be cited as "The Accessible Voting
Technology Act of 2002."
§3-1C-2. Findings.
The Legislature makes the following findings:
(1) Microchip and digital technologies are increasingly
changing the way Americans vote;
(2) 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;
(3) Voting technology and systems which allow the voter to
access and select information solely through 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;
(4) 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;
(5) 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; and
(6) This right must include the opportunity for individuals
who are blind or visually impaired to cast and verify their
ballots independently.
§3-1C-3. Definitions.
As used in this article, unless the context otherwise
requires a different meaning, the term:
(1) "Access" means the ability to receive, use, select and
manipulate data and operate controls included in voting
technology and systems;
(2) "Nonvisual" means synthesized speech, Braille and other
output methods not requiring sight.
§3-1C-4. Requirements for accessible voting technology and
systems.
(a) The secretary of state shall require (by certification or otherwise) that the voting technology and systems used by the
state or any political subdivision provide blind and visually
impaired individuals with access which 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) In requiring nonvisual access pursuant to subdivision
(a) of this section, 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.
§3-1C-5. Existing technology and systems.
Compliance with this article in regard to voting technology
and systems purchased prior to the effective date of this
article must be achieved at the time of procurement of an
upgrade or replacement of the existing equipment or systems.
§3-1C-6. Action for injunction.
(a) A person injured by a violation of this article may
maintain an action for injunctive relief to enforce the terms of
this article.
(b) Any action must be commenced within four years after the
cause of action accrues. For the purposes of this subdivision, a cause of action for a continuing violation accrues at the time
of the latest violation.
NOTE: The purpose of this bill is to
secure the right of
blind and visually impaired people to vote under the same
conditions of privacy and independence as sighted people through
the procurement of electronic voting technology and systems in
accordance with certification criteria for equivalent access by
visual and nonvisual means. The Secretary of State is
responsible for implementation of this procedure.
Article 1C is new; therefore, strike-throughs and
underscoring have been omitted.