H. B. 4042

(By Delegates Craig, Amores, Leach, Staton,
Webster, Perdue and Mezzatesta)

[Introduced January 16, 2002 ; referred to the

Committee on the Judiciary then Finance.]

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

This article is new; therefore, strike-throughs and underscoring have been omitted.