HB5052 93RD GENERAL ASSEMBLY

LRB093 18352 JAM 44059 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5052

Introduced 02/05/04, by Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

10 ILCS 5/Art. 17A heading new
10 ILCS 5/17A-5 new
10 ILCS 5/17A-10 new
10 ILCS 5/17A-15 new
10 ILCS 5/17A-20 new
10 ILCS 5/17A-25 new
10 ILCS 5/Art. 24D heading new
10 ILCS 5/24D-5 new
10 ILCS 5/24D-10 new
10 ILCS 5/24D-15 new
10 ILCS 5/24D-20 new
10 ILCS 5/24D-25 new
10 ILCS 5/17-13 rep.

Amends the Election Code. Requires the State Board of Elections by July 1, 2005 to set standards for polling place and voting accessibility for disabled and elderly citizens with which local election authorities must comply. Specifies minimum standards. Requires local election authorities to survey polling places and report by January 1, 2006 to the State Board of Elections. Permits a local election authority to provide a curbside voting service where there is no accessible alternative to the polling place. Requires local election authorities to train precinct judges in accessibility and designate one judge per precinct as accessibility coordinator. Requires the State Board of Elections to set accessibility standards for voting equipment and systems, and requires local election authorities to meet those standards when purchasing, upgrading, or replacing equipment and systems. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding the heading of Article 17A and Sections 17A-5, 17A-10, 17A-15, 17A-20, and 17A-25 and the heading of Article 24D and Sections 24D-5, 24D-10, 24D-15, 24D-20, and 24D-25 as follows:

(10 ILCS 5/Art. 17A heading new)

ARTICLE 17A. ACCESSIBILITY OF ELECTORAL PROCESS FOR VOTERS WITH

DISABILITIES

(10 ILCS 5/17A-5 new)

Sec. 17A-5. Definitions. As used in this Article:

"Access" means all of the following:

(1) Each polling place shall provide an accessible, barrier-free path of travel from the parking area to the polling area and voting machine.

(2) The voter can retrieve all of the information contained in the ballot.

(3) The voter can retrieve any instructional information necessary for the effective casting of the ballot.

(4) The voter can make and verify all selections contained in the ballot, including write-in selections.

(5) The voter can move freely through all the information contained in paragraph (2), (3), and (4), including, but not limited to, moving both forward and backward through all items, skipping items, determining the spelling of words, and controlling the speed of synthesized speech.

"Modify" means the voter can access and control voting systems and technology with devices in general use by voters with disabilities, including, but not limited to, standard key pads, breath-activated or eye-activated control, and the use of magnified print.

"Nonvisual" means synthesized speech, Braille, or other methods of information retrieval not requiring sight.

"Curbside voting" means a systematized procedure to enable a voter with a disability, who is unable to enter his or her designated polling place, to vote in his or her vehicle or outside of the polling place on election day.

(10 ILCS 5/17A-10 new)

Sec. 17A-10. Accessible polling places.

(a) The State Board of Elections shall establish consistent architectural standards for polling places in Illinois and all of its political subdivisions that shall ensure that voters in Illinois, including voters with disabilities, have full access to their polling places. Any standards established by the State Board of Elections shall be in addition to those standards set forth in subsection (c).

(b) In setting standards for and requiring access to polling places pursuant to subsections (a) and (c), the State Board of Elections shall obtain recommendations from representatives of organizations of and representing people with disabilities (including but not limited to representatives of consumers with visual impairments and representatives of the deaf and hard-of-hearing community), experts in accessible architecture and barrier-free design, and any other individual or organization the State Board of Elections determines to be appropriate.

(c) Notwithstanding any standards established by the State Board of Elections, the minimum standards by which a facility shall be considered an "accessible facility" for elderly voters and voters with disabilities are as follows:

(1) The facility meets the standards for accessibility for elderly voters and voters with disabilities established under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. Section 1973ee-1(b) (1984) ("VAEHA"), and the Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq. (1998) ("ADA"), and complies with the Illinois Accessibility Code, 71 Ill. Admin. Code 400.110 et seq. ("IAC"), and the implementing code for the Illinois Environmental Barriers Act, 410 ILCS 25/.

(2) All the following are accessible to elderly voters and voters with disabilities in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters under the standards for new construction set forth in the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG):

(i) Parking spaces marked and available to conform with 42 U.S.C. Sec. 1973ee except where no parking is offered for any voters;

(ii) The path to the facility that an individual must travel on the property where the facility is located;

(iii) The entrances of the facility to be used by voters including thresholds and entrance width. The doors to the facilities must also meet the standards set forth in IAC Section 400.310 J as to width, door hardware, maneuvering clearance, and force or have an accessible alternative; if the accessible entrance to the polling place is not the main voter entrance, there must be signage directing the voter to the accessible entrance or a means of requesting assistance from an election official with an escort to the accessible entrance;

(iv) The paths of travel within the facility to the rooms or areas where the voting systems are located; and

(v) The rooms or areas in the facility where the voting systems are located; and

(vi) Restrooms, except that they must be accessible only if provided to all voters.

(3) Any materials provided to voters must be provided in an alternative format or have an accessible alternative.

(4) Audiovisual and television monitors shall not be required at any polling place. However, if such materials are provided, they must be provided in an accessible format, including audio as well as caption.

(d) The State Board of Elections shall permit, in order to meet the standards of subsections (c)(1) and (c)(2), the implementation of temporary measures such as portable ramps, door hardware changes, accessible alternatives to door hardware, or using only accessible areas within a facility.

(10 ILCS 5/17A-15 new)

Sec. 17A-15. Curbside voting.

(a) In the case of an emergency, as determined by the State Board of Elections, or if the local election authority determines that all potential polling places have been surveyed by the election authority and that no accessible polling place, as defined by rule of the State Board of Elections, is available within a precinct and the local election authority is not able to make a polling place within the precinct temporarily accessible, the State Board of Elections, upon written application by the local election authority, is authorized to grant an exemption for that precinct from the accessibility requirements of this Article and the VAEHA through the use of curbside voting.

(b) Curbside voting shall only be used as an interim means of compliance when no other alternative is available.

(c) In order for curbside voting to be permitted, the following requirements must be met:

(1) The local election authority must determine that no other alternative is possible for that precinct under the survey provisions of subsection (d) of Section 17A-20.

(2) On election day, signage must be prominently displayed outside of the main entrance of the polling place (at the address as given by the local election authority) that indicates how curbside service will be provided.

(3) Each polling location using curbside voting must have either (i) an election official stationed outside to assist individuals or (ii) a means by which voters with disabilities can alert an election official inside that they wish to participate in curbside service.

(d) Prior to each subsequent election, local election authorities shall evaluate each exempted site where curbside voting was offered for alternative locations or ways to make the site permanently accessible.

(10 ILCS 5/17A-20 new)

Sec. 17A-20. Survey of polling places for accessibility.

(a) Pursuant to the standards set forth in Section 17A-10, local election authorities shall evaluate for accessibility all polling places in their jurisdiction prior to January 1, 2006.

(b) The State Board of Elections shall provide local election authorities with a uniform set of standards for evaluation of polling places prior to July 1, 2005. Prior to providing these standards, the State Board of Elections shall solicit the input of those organizations set forth in subsection (b) of Section 17A-10. The State Board of Elections may also, at its discretion, provide additional tools such as survey forms, training for individuals to conduct surveys, software, or such other materials as it shall determine.

(c) The local election authority shall then file a report in a form designated by the State Board of Elections prior to January 1, 2006.

(d) Not later than 60 days before each election day in 2007 and thereafter, local election authorities shall have completed a survey of their polling places and determined which sites may be made accessible through temporary means (such as using only the accessible portion of the facility on election day or portable ramps).

(e) Not later than 30 days before each election day in 2007 and thereafter, local election authority shall file a report with the State Board of Elections listing each precinct in the jurisdiction that has been made temporarily accessible and those locations for which the local election authority was unable to secure an accessible facility for election day. The report shall specify how curbside service will be provided at each of these locations. The report must include any other information required by the State Board of Elections. For subsequent elections if no polling locations within a given election jurisdiction have changed and nothing has been done that has lessened accessibility, the local election authority shall not be required to file an additional report.

(f) Not later than 10 days before each election day in 2007 and thereafter, the local election authority shall give notice of the place of voting in each precinct by publication, specifying which polling locations are located in inaccessible facilities and how curbside service will be provided.

(g) The State Board of Elections shall annually provide programs and funding recommendations to assist local election authorities in making their polling places accessible to all voters, including voters with disabilities.

(10 ILCS 5/17A-25 new)

Sec. 17A-25. Training.

(a) Local election authorities shall conduct a training and educational meeting for precinct election judges.

(b) The State Board of Elections shall provide local election authorities with a uniform set of standards for training prior to January 1, 2005. Prior to providing these training materials, the State Board of Elections shall solicit the input of those organizations set forth in subsection (b) of Section 17A-10.

(c) Election Judges in each local election jurisdiction shall be required to attend the meeting and the election authority may require other election personnel to attend the meeting.

(d) One judge for each polling place shall be designated as the "accessibility coordinator" and shall have primary responsibility for ensuring compliance with the standards set pursuant to this Article.

(e) The meeting required under subsection (c) must include information related to making polling places and voting systems accessible to elderly voters and voters with disabilities. The meeting shall also focus on helping judges individualize service for voters with disabilities. The meeting may include other information relating to the duties of election judges as determined by the local election authority.

(f) The meeting required by subsection (c) must be held not later than the day before the first election day of 2007.

(10 ILCS 5/Art. 24D heading new)

ARTICLE 24D. ACCESSIBLE VOTING TECHNOLOGY

(10 ILCS 5/24D-5 new)

Sec. 24D-5. Purpose. The purpose of this Article is to ensure that all voters within the State of Illinois, including those with visual, mobility, or other impairments, are able to participate fully in the electoral process with the same opportunity for privacy and independence as for other voters.

(10 ILCS 5/24D-10 new)

Sec. 24D-10. Voting equipment. Notwithstanding any other provision of this Code, after December 31, 2005, the State Board of Elections shall require (by certification or otherwise) that the voting technology and systems used by the State or any political subdivision must include at least one voting system in each polling place that is accessible for individuals with disabilities, including:

(1) accessibility for persons with limited or no manual dexterity; and

(2) at least one form of nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters, including the ability for the voter to cast and verify all sections, made by both visual and nonvisual means. An optical scan marking method shall not be considered sufficient to satisfy this requirement of an accessible machine.

(10 ILCS 5/24D-15 new)

Sec. 24D-15. Federal standards. A voting system must meet the Voting System Standards approved by the Federal Election Commission on April 30, 2002. The State Board of Elections may adopt rules to require a voting system to meet standards more recent than standards described in this Section. If the State Board of Elections adopts rules under this Section, a voting system must meet those standards.

(10 ILCS 5/24D-20 new)

Sec. 24D-20. Recommendations. In requiring modified and nonvisual access pursuant to Section 24D-10, the State Board of Elections shall obtain recommendations from representatives of blind and disabled consumer organizations, experts in accessible software and hardware design, and any other individual or organization the State Board of Elections determines to be appropriate.

(10 ILCS 5/24D-25 new)

Sec. 24D-25. Existing equipment and systems. Compliance with this Article in regard to voting technology and systems purchased prior to the effective date of this amendatory Act of the 93rd General Assembly shall be achieved at the time of procurement of an upgrade or replacement of the existing equipment or systems.

(10 ILCS 5/17-13 rep.)

Section 10. The Election Code is amended by repealing Section 17-13.

Section 99. Effective date. This Act takes effect upon becoming law.