NY State Senate Bill 2009-S4843

Senate Bill S4843

2009-2010 Legislative Session

Provides that 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 Finance 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	print number 4843a
Jul 01, 2010	amend (t) and recommit to finance
Mar 23, 2010	reported and committed to finance
Jan 06, 2010	referred to elections
Apr 27, 2009	referred to elections

Votes

- Mar 23, 2010 - Elections Committee Vote
  S4843
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 23, 2010
      
      aye (5)
      
      Addabbo Jr.
      
      Dilan
      
      Foley
      
      Griffo
      
      Serrano
      
      aye wr (1)
      
      Libous
      
      excused (1)
      
      Morahan

Bill Amendments

Original

A (Active)

2009-S4843 - Details

Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Add §7-107, El L; add §2022-a, Ed L

2009-S4843 - 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-S4843 - Sponsor Memo

                                 BILL NUMBER:  S4843

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


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

 SUMMARY OF PROVISIONS :
Section 1: Adds new section 7-107 to the election law to state that
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. These ballots shall be made available at polling
places upon request and may be used by a voter in lieu of the voting
machine. 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. The ballots shall be developed in
consultation with state disability advocacy groups. This section
defines "Braille" as grade two Braille and "large-print" is defined as
a font 18 point or larger.  After the ballots are printed they must be
proofread by a qualified Braille reader whose qualifications will be

established by the state board of elections and in consultation with
advocacy organizations.

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. These ballots shall be made available at polling
places upon request and may be used by a voter in lieu of the voting
machine. Persons wishing to use these ballots must give notice to the
board of education no less than 30 days prior to each election day.
This section also gives the state education commissioner of consulting
with the state board of elections in order to promulgate rules for the
preparation, distribution, casting and canvass of these ballots.  The
ballots shall be developed in consultation with state disability
advocacy groups. This section defines "Braille" as grade two Braille
and "large-print" is defined as a font 18 point or larger. After the
ballots are printed they must be proofread by a qualified Braille
reader whose qualifications will be established by the state board of
education and in consultation with advocacy organizations and the
state board of elections.

Section 3 establishes an effective date the first day of December next
succeeding the date on which it shall have become law; provided that
the promulgation of rules to implement the provisions of this act may
commence at any time on or after the date on which this act shall have
become law.

 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 to be sent to their homes, or
such persons can request that accessible ballots be available at their
polling places. 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 situation eliminates
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.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
The first of December next succeeding the date on which it shall have
become law; provided that the promulgation of rules to implement the
provisions of this act may commence at any time on or after the date
on which this act shall have become law.

2009-S4843 - Bill Text download pdf

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

                                  4843

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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-
FICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTATION WITH AT LEAST

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

S. 4843                             2

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.

2009-S4843A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Add §7-107, El L; add §2022-a, Ed L

2009-S4843A (ACTIVE) - Summary

2009-S4843A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4843A

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

SUMMARY OF PROVISIONS:
Section 1: Adds new section 7-107 to the election law to state that
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. These ballots shall be made available at polling
places upon request and may be used by a voter in lieu of the voting
machine. 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. The ballots shall be developed in consultation with state disa-
bility advocacy groups. This section defines "Braille" as grade two
Braille and "large-print" is defined as a font 18 point or larger. After
the ballots are printed they must be proofread by a qualified Braille
reader whose qualifications will be established by the state board of
elections and in consultation with advocacy organizations.

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. These ballots shall be made available at polling
places upon request and may be used by a voter in lieu of the voting
machine. Persons wishing to use these ballots must give notice to the
board of education no less than 30 days prior to each election day.
This section also gives the state education commissioner of consulting
with the state board of elections in order to promulgate rules for the
preparation, distribution, casting and canvass of these ballots.  The
ballots shall be developed in consultation with state disability advoca-
cy groups. This section defines "Braille" as grade two Braille and
"large-print" is defined as a font 18 point or larger. After the ballots
are printed they must be proofread by a qualified Braille reader whose
qualifications will be established by the state board of education and
in consultation with advocacy organizations and the state board of
elections.

Section 3 establishes an effective date the first day of December next
succeeding the date on which it shall have become law; provided that the
promulgation of rules to implement the provisions of this act may
commence at any time on or after the date on which this act shall have
become law.

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 indi-
viduals 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 to be sent to their homes, or such persons
can request that accessible ballots be available at their polling plac-
es. 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 situation eliminates the rights
of blind or visually impaired people to vote independently, and it forc-
es such individuals to trust that the person assisting them will vote
according to their wishes.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
The first of December next succeeding the date on which it shall have
become law; provided that the promulgation of rules to implement the
provisions of this act may commence at any time on or after the date on
which this act shall have become law.

2009-S4843A (ACTIVE) - Bill Text download pdf

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

                                 4843--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Elections -- recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02447-05-0

S. 4843--A                          2

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 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.

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