COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 226
(By Senators Hunter, Redd, Fanning, Mitchell,
Love, Oliverio, Rowe, Burnette and Caldwell)
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[Originating in the Committee on the Judiciary;
reported February 13, 2002.]
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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
creating the accessible voting technology act.
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".
§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; and
(5) In promoting full participation in the electoral process,
the goals of the state and its political subdivisions must
recognize the right of all citizens regardless of blindness or
visual impairment to vote and 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) If any county upgrades or replaces existing voting
equipment or an existing voting system and the upgraded or new
equipment or system is certified by the secretary of state to have
the capability to provide or the capability to be upgraded to
provide blind and visually impaired individuals with nonvisual
access which is equivalent to that access provided to individuals
who are not blind or visually impaired, then the county must
purchase or lease at least one voting mechanism which provides such
nonvisual access to be used during the period of voting regular
absentee ballots in person. The voting mechanism must also be used
in a precinct, as designated by the county commission, on election
day.
(b) The county commission of any county may place voting
mechanisms that provide nonvisual access to blind or visually
impaired persons in as many other precincts of the county as the
county commission determines is feasible for use on election day,
if the type of voting mechanism to be used has been certified by
the secretary of state.
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(NOTE: The purpose of this bill is to create the "Accessible
Voting Technology Act." The act establishes legislative findings
which recognize that newer voting technology and systems have the
capability of providing nonvisual access to allow blind and
visually impaired persons to cast a secret ballot and to
independently verify their vote. The bill also recognizes the
rights of all citizens to vote independently. The bill provides
that counties which upgrade or purchase new voting systems which
have the appropriate technology, as certified by the secretary of
state, must provide at least one voting mechanism which provides
nonvisual access to be used during the period of voting regular
absentee ballots in person and to be used in a precinct on election
day, as designated by the county commission. Lastly, the bill
provides that county commissions are authorized to provide a
nonvisual access voting mechanism in as many other precincts of the
county as the commission determines is feasible.
Article 1C is new; therefore, strike-throughs and underscoring
have been omitted.)