Assembly Bill A3738A

2009-2010 Legislative Session

Provides that absentee ballots for all elections shall be made available in Braille, upon request of a blind or visually impaired voter

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2010	referred to elections delivered to senate passed assembly
May 10, 2010	amended on third reading 3738a
Jan 06, 2010	ordered to third reading cal.281 returned to assembly died in senate
May 11, 2009	referred to elections delivered to senate passed assembly
May 07, 2009	advanced to third reading cal.521
May 05, 2009	reported reported referred to ways and means
Jan 28, 2009	referred to election law

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A3738 - Details

See Senate Version of this Bill:: S4843
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §7-107, El L; add §2022-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5337
2013-2014: A6195

2009-A3738 - Summary

Provides that absentee ballots for all elections shall be made available in braille, upon request of a blind or visually impaired voter; applies to all elections, including school elections; directs the state board of elections, and the commissioner of education, to promulgate rules for the preparation, distribution, casting, and canvass of braille ballots.

2009-A3738 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3738

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. KOON, WEISENBERG, PAULIN, CUSICK, SPANO, LIFTON
  -- Multi-Sponsored by -- M. of A. LAVINE, ROSENTHAL -- read  once  and
  referred to the Committee on Election Law

AN  ACT  to amend the election law and the education law, in relation to
  making ballots available in Braille and large-print

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 7-107
to read as follows:
  S 7-107. BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE.   1.
BALLOTS  PRINTED  IN BRAILLE AND LARGE-PRINT FOR EVERY ELECTION SHALL BE
MADE AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND  OR
VISUALLY IMPAIRED. SUCH BALLOTS SHALL BE MADE AVAILABLE AT POLLING PLAC-
ES  UPON  REQUEST,  AND  MAY  BE  USED  BY A VOTER IN LIEU OF THE VOTING
MACHINE. ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL  ALSO
BE  MADE  AVAILABLE UPON REQUEST.  PERSONS WISHING TO RECEIVE BRAILLE OR
LARGE-PRINT BALLOTS MUST GIVE NOTICE THEREOF TO THE BOARD  OF  ELECTIONS
NO  LESS THAN THIRTY DAYS PRIOR TO EACH ELECTION DAY TO ENABLE THE BOARD
TO PREPARE AND DISTRIBUTE SUCH BALLOTS.
  2. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES FOR THE  PREPA-
RATION,  DISTRIBUTION,  CASTING,  AND CANVASS OF BRAILLE AND LARGE-PRINT
BALLOTS.  THE STATE BOARD OF ELECTIONS SHALL DEVELOP THE INITIAL  FORMAT
FOR  BOTH  BRAILLE AND LARGE-PRINT BALLOTS IN CONSULTATION WITH AT LEAST
THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE FIELD OF  ADVO-
CACY  FOR  PEOPLE  WITH DISABILITIES AND SUCH OTHER APPROPRIATE PERSONS,
GROUPS, ENTITIES OR ORGANIZATIONS AS THE STATE BOARD OF ELECTIONS  SHALL
DETERMINE.  FOR  THE  PURPOSE OF THIS SECTION, "BRAILLE" REFERS TO GRADE
TWO BRAILLE AND "LARGE-PRINT" REFERS TO A  FONT  OF  EIGHTEEN  POINT  OR
LARGER.    UPON THE PRINTING OF A BRAILLE BALLOT, THE BOARD OF ELECTIONS
SHALL REQUIRE SUCH BRAILLE BALLOT TO BE PROOFREAD BY A QUALIFIED BRAILLE
READER.  THE STATE BOARD OF ELECTIONS SHALL ESTABLISH THE MINIMUM QUALI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD02447-01-9

A. 3738                             2

FICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTATION WITH AT LEAST
THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE FIELD OF  ADVO-
CACY  FOR  PEOPLE  WITH DISABILITIES AND SUCH OTHER APPROPRIATE PERSONS,
GROUPS, ENTITIES OR ORGANIZATIONS AS SUCH BOARD SHALL DETERMINE.
  S  2.  The  education law is amended by adding a new section 2022-a to
read as follows:
  S 2022-A. BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE.  1.
BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT FOR EVERY ELECTION  SHALL  BE
MADE  AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR
VISUALLY IMPAIRED. SUCH BALLOTS SHALL BE MADE AVAILABLE AT POLLING PLAC-
ES UPON REQUEST, AND MAY BE USED BY  A  VOTER  IN  LIEU  OF  THE  VOTING
MACHINE.    ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE
MADE AVAILABLE UPON REQUEST.   PERSONS WISHING TO  RECEIVE  BRAILLE  AND
LARGE-PRINT  BALLOTS  MUST  GIVE NOTICE THEREOF NO LESS THAN THIRTY DAYS
PRIOR TO EACH ELECTION DAY TO ENABLE  PREPARATION  AND  DISTRIBUTION  OF
SUCH BALLOTS.
  2.   THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD  OF
ELECTIONS, SHALL PROMULGATE RULES  FOR  THE  PREPARATION,  DISTRIBUTION,
CASTING, AND CANVASS OF BRAILLE AND LARGE-PRINT BALLOTS.  THE DEPARTMENT
OF  EDUCATION  SHALL  DEVELOP  THE  INITIAL  FORMAT FOR BOTH BRAILLE AND
LARGE-PRINT BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW  YORK  STATE
ORGANIZATIONS  WITH  EXPERTISE  IN THE FIELD OF ADVOCACY FOR PEOPLE WITH
DISABILITIES AND SUCH OTHER APPROPRIATE  PERSONS,  GROUPS,  ENTITIES  OR
ORGANIZATIONS  AS  SUCH BOARD SHALL DETERMINE.  FOR THE PURPOSES OF THIS
SECTION, "BRAILLE" REFERS TO GRADE TWO BRAILLE AND "LARGE-PRINT"  REFERS
TO  A  FONT OF EIGHTEEN POINT OR LARGER.  UPON THE PRINTING OF A BRAILLE
BALLOT, SUCH BRAILLE BALLOT SHALL BE PROOFREAD BY  A  QUALIFIED  BRAILLE
READER.   THE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE MINIMUM QUALI-
FICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTATION WITH AT LEAST
THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE FIELD OF  ADVO-
CACY  FOR  PEOPLE  WITH DISABILITIES AND SUCH OTHER APPROPRIATE PERSONS,
GROUPS, ENTITIES OR ORGANIZATIONS AS SUCH DEPARTMENT SHALL DETERMINE.
  S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.  Effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A3738A (ACTIVE) - Details

See Senate Version of this Bill:: S4843
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §7-107, El L; add §2022-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5337
2013-2014: A6195

2009-A3738A (ACTIVE) - Summary

2009-A3738A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A3738A

TITLE OF BILL:
An act
to amend the election law and the education law, in relation to making
absentee ballots available in Braille and large-print

PURPOSE OR GENERAL IDEA OF BILL:
To allow blind and visually impaired individuals access to absentee
ballots printed in Braille and large-print.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 7-107 to the election law to state that
absentee ballots printed in Braille and large-print for every
election shall be made available upon the request of any registered
voter who is blind or visually impaired; that these ballots shall be
made available upon the request of any registered voter who is blind
or visually impaired; and that persons wishing to use these ballots
must give notice to the board of elections no less than 30 days prior
to each election day. This section also gives the state board of
elections the task of promulgating rules for the preparation,
distribution, casting and canvass of these ballots; directs that the
rules be developed in consultation with state disability advocacy
groups; defines Braille and large-print for the purposes of this
section; and provides proofreading standards for the ballots.

Section 2 adds a new section 2022-a to the education law that states
ballots printed in Braille and large-print for every election shall
be made available upon the request of any registered voter who is
blind or visually impaired; that these ballots shall be made
available at polling places upon request, and may be used by a voter
in lieu of the voting machine; and that persons wishing to use these
ballots must give
notice to the board of elections no less than 30 days prior to each
election day. This section also gives the commissioner, in
consultation with the state board of elections, the task of
promulgating rules for the preparation, distribution, casting and
canvass of these ballots; directs that the rules be developed in
consultation with state disability advocacy groups; defines Braille
and large-print for the purposes of this section; and provides
proofreading standards for the ballots.

Section 3 establishes the effective date.

JUSTIFICATION:
It is important that people who are blind or visually impaired have
equal access to ballots in the voting process. While it is not the
intent of this measure to replace the critical need for fully
accessible voting machines for all people with disabilities, there
are some individuals who either need or wish to vote by absentee
ballot.

This act will enable blind and visually impaired persons to request
Braille or large-print absentee ballots be made available to them.
Currently, blind or visually impaired people must have someone assist
them when filling out absentee ballots because they are simply not
produced in accessible formats. This present situation interferes
with the rights of blind or visually impaired people to vote
independently, and it forces such individuals to trust that the
person assisting them will vote according to their wishes.

PRIOR LEGISLATIVE HISTORY:

2001-2002: A.6321
2003-2004: A.3726
2005-2006: A.1852
2007-2008: A.7196

FISCAL  IMPLICATIONS:    There  will  be  some  cost associated with the
production of the Braille & large print ballots.

EFFECTIVE DATE:  The first day of December next succeeding the  date  on
which  it  shall  have  become law. Effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be made and completed on or before such effective date.

2009-A3738A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3738--A
                                                        Cal. No. 281

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. KOON, WEISENBERG, PAULIN, CUSICK, SPANO, LIFTON
  -- Multi-Sponsored by -- M. of A. LAVINE, ROSENTHAL -- read  once  and
  referred  to the Committee on Election Law -- reported from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to amend the election law and the education law, in relation to
  making absentee ballots available in Braille and large-print

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 7-107
to read as follows:
  S 7-107. ABSENTEE BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAIL-
ABLE.  1. ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT  SHALL  BE
MADE  AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR
VISUALLY IMPAIRED.  PERSONS WISHING TO RECEIVE  BRAILLE  OR  LARGE-PRINT
BALLOTS  MUST GIVE NOTICE THEREOF TO THE BOARD OF ELECTIONS NO LESS THAN
THIRTY DAYS PRIOR TO EACH ELECTION DAY TO ENABLE THE  BOARD  TO  PREPARE
AND DISTRIBUTE SUCH BALLOTS.
  2.  THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES FOR THE PREPA-
RATION, DISTRIBUTION, CASTING, AND CANVASS OF  BRAILLE  AND  LARGE-PRINT
ABSENTEE  BALLOTS.    THE  STATE  BOARD  OF  ELECTIONS SHALL DEVELOP THE
INITIAL FORMAT FOR BOTH BRAILLE AND LARGE-PRINT BALLOTS IN  CONSULTATION
WITH  AT  LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE
FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER  APPROPRI-
ATE  PERSONS,  GROUPS,  ENTITIES  OR ORGANIZATIONS AS THE STATE BOARD OF
ELECTIONS SHALL DETERMINE. FOR THE PURPOSE OF  THIS  SECTION,  "BRAILLE"
REFERS  TO GRADE TWO BRAILLE AND "LARGE-PRINT" REFERS TO A FONT OF EIGH-
TEEN POINT OR LARGER.  UPON THE PRINTING OF A BRAILLE BALLOT, THE  BOARD
OF  ELECTIONS  SHALL  REQUIRE  SUCH  BRAILLE BALLOT TO BE PROOFREAD BY A
QUALIFIED BRAILLE READER.  THE STATE BOARD OF ELECTIONS SHALL  ESTABLISH
THE MINIMUM QUALIFICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02447-04-0

A. 3738--A                          2

TION  WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN
THE FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPRO-
PRIATE PERSONS, GROUPS, ENTITIES OR ORGANIZATIONS AS  SUCH  BOARD  SHALL
DETERMINE.
  S  2.  The  education law is amended by adding a new section 2022-a to
read as follows:
  S 2022-A. BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE.  1.
BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT FOR EVERY ELECTION  SHALL  BE
MADE  AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR
VISUALLY IMPAIRED. SUCH BALLOTS SHALL BE MADE AVAILABLE AT POLLING PLAC-
ES UPON REQUEST, AND MAY BE USED BY  A  VOTER  IN  LIEU  OF  THE  VOTING
MACHINE.    ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE
MADE AVAILABLE UPON REQUEST.   PERSONS WISHING TO  RECEIVE  BRAILLE  AND
LARGE-PRINT  BALLOTS  MUST  GIVE NOTICE THEREOF NO LESS THAN THIRTY DAYS
PRIOR TO EACH ELECTION DAY TO ENABLE  PREPARATION  AND  DISTRIBUTION  OF
SUCH BALLOTS.
  2.   THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD  OF
ELECTIONS, SHALL PROMULGATE RULES  FOR  THE  PREPARATION,  DISTRIBUTION,
CASTING,  AND  CANVASS OF BRAILLE AND LARGE-PRINT ABSENTEE BALLOTS.  THE
DEPARTMENT OF EDUCATION  SHALL  DEVELOP  THE  INITIAL  FORMAT  FOR  BOTH
BRAILLE  AND LARGE-PRINT BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW
YORK STATE ORGANIZATIONS WITH EXPERTISE IN THE  FIELD  OF  ADVOCACY  FOR
PEOPLE  WITH  DISABILITIES  AND  SUCH OTHER APPROPRIATE PERSONS, GROUPS,
ENTITIES OR ORGANIZATIONS AS  SUCH  BOARD  SHALL  DETERMINE.    FOR  THE
PURPOSES  OF  THIS  SECTION,  "BRAILLE"  REFERS TO GRADE TWO BRAILLE AND
"LARGE-PRINT" REFERS TO A FONT OF EIGHTEEN POINT OR LARGER.    UPON  THE
PRINTING  OF A BRAILLE BALLOT, SUCH BRAILLE BALLOT SHALL BE PROOFREAD BY
A QUALIFIED BRAILLE READER.  THE DEPARTMENT OF EDUCATION SHALL ESTABLISH
THE MINIMUM QUALIFICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTA-
TION WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE  IN
THE FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPRO-
PRIATE  PERSONS,  GROUPS,  ENTITIES  OR ORGANIZATIONS AS SUCH DEPARTMENT
SHALL DETERMINE.
  S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.  Effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A3738A

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A3738 - Details

2009-A3738 - Summary

2009-A3738 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A3738A (ACTIVE) - Details

2009-A3738A (ACTIVE) - Summary

2009-A3738A (ACTIVE) - Sponsor Memo

2009-A3738A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A3738A

Assembly Bill A3738A

Share this bill

Sponsored By

KOON

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

co-Sponsors

Harvey Weisenberg

Amy Paulin

Michael Cusick

Mike Spano

multi-Sponsors

Charles Lavine

Linda Rosenthal

2009-A3738 - Details

2009-A3738 - Summary

2009-A3738 - Bill Text download pdf

co-Sponsors

Harvey Weisenberg

Amy Paulin

Michael Cusick

Mike Spano

multi-Sponsors

Charles Lavine

Linda Rosenthal

2009-A3738A (ACTIVE) - Details

2009-A3738A (ACTIVE) - Summary

2009-A3738A (ACTIVE) - Sponsor Memo

2009-A3738A (ACTIVE) - Bill Text download pdf

Comments