Senate Bill S5517B

2011-2012 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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2012	print number 5517b
Jan 27, 2012	amend (t) and recommit to elections
Jan 23, 2012	print number 5517a
Jan 23, 2012	amend and recommit to elections
Jan 04, 2012	referred to elections
May 27, 2011	referred to elections

Bill Amendments

Original

B (Active)

2011-S5517 - Details

See Assembly Version of this Bill:: A5337
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:: 2009-2010: A3738
2013-2014: S4135, A6195
2015-2016: S2848

2011-S5517 - Summary

Provides that absentee ballots for all elections shall be made available in Braille and large print, upon request of a blind or visually impaired voter no less than 30 days prior to each election day.

2011-S5517 - Sponsor Memo

                                BILL NUMBER:S5517

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;
and providing for the repeal of certain provisions upon expiration
thereof

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

SUMMARY OF 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 proof
reading 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 adds a new section 2022-a to the education law that states
absentee ballots printed in Braille and large-print shall be made
available upon request of any registered voter who is visually
impaired. Those wishing to receive such ballots must give notice no
less than thirty days prior to each election day. 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 4 is 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.

LEGISLATIVE HISTORY:
2001-2002: A.6321 - Referred to Election Law
2003-2004: A.3726 - Passed Assembly
2005-2606: A.1852 - Passed Assembly
2007-2008: A.7196 - Passed Assembly
2009-2010: A.3738 - Passed Assembly

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; provided, however, that section two
of this act shall expire and be deemed repealed December 31, 2012
when upon such date section three of this act shall take effect.
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.

2011-S5517 - Bill Text download pdf

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

                                  5517

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 27, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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  absentee  ballots  available  in  Braille and large-print; and
  providing for the repeal of certain provisions upon expiration thereof

  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-
TION  WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE IN
THE FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPRO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08035-03-1

S. 5517                             2

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 SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND  LARGE-
PRINT  BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE ORGAN-
IZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE  WITH  DISA-
BILITIES  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 SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR A
BRAILLE BALLOT PROOFREADER 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 DEPARTMENT SHALL DETERMINE.
  S  3.   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.
ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
ABLE 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  SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND LARGE-
PRINT BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE  ORGAN-
IZATIONS  WITH  EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE WITH DISA-
BILITIES  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 SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR A
BRAILLE BALLOT PROOFREADER 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 DEPARTMENT SHALL DETERMINE.
  S  4.  Sections  1 and 2 of this act shall take effect on the first of
December next succeeding the date on which it shall have become  a  law;
provided,  however  that  section  two  of  this act shall expire and be

S. 5517                             3

deemed repealed December 31, 2012 when upon such date section  three  of
this act shall take effect.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.

2011-S5517A - Details

See Assembly Version of this Bill:: A5337
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:: 2009-2010: A3738
2013-2014: S4135, A6195
2015-2016: S2848

2011-S5517A - Summary

2011-S5517A - Sponsor Memo

                                BILL NUMBER:S5517A

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;
and providing for the repeal of certain provisions upon expiration
thereof

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

SUMMARY OF 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 proof reading 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 adds a new section 2022-a to the education law that states
absentee ballots printed in Braille and large print shall be made
available upon request of any registered voter who is visually
impaired.
Those wishing to receive such ballots must give notice no less than
thirty days prior to each election day.
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 4 is 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.

LEGISLATIVE HISTORY:
2001-2002: A.6321 - Referred to Election Law
2003-2004: A.3726 - Passed Assembly
2005-2606: A.1852 - Passed Assembly
2007-2008: A.7196 - Passed Assembly
2009-2010: A.3738 - Passed Assembly
2010-2011: A.5337 - Passed Assembly/S.5517 - Referred to Elections

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

EFFECTIVE DATE:
The first day of December next succeeding the date on which it shall
have become law; provided, however, that section two of this act
shall expire and be deemed repealed December 31, 2013 when upon such
date section three of this act shall take effect. 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.

2011-S5517A - Bill Text download pdf

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

                                 5517--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 27, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  --  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; and
  providing for the repeal of certain provisions upon expiration thereof

  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.
                                                           LBD08035-04-1

S. 5517--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  SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND LARGE-
PRINT BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE  ORGAN-
IZATIONS  WITH  EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE WITH DISA-
BILITIES  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 SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR A
BRAILLE  BALLOT PROOFREADER 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 DEPARTMENT SHALL DETERMINE.
  S 3.  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.
ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
ABLE  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 SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND  LARGE-
PRINT  BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE ORGAN-
IZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE  WITH  DISA-
BILITIES  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 SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR  A
BRAILLE  BALLOT PROOFREADER 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 DEPARTMENT SHALL DETERMINE.

S. 5517--A                          3

  S 4.   This act shall take  effect  on  the  first  of  December  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however that section two of this act shall expire and be deemed repealed
December 31, 2013 when upon such date section three of  this  act  shall
take  effect.    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.

2011-S5517B (ACTIVE) - Details

See Assembly Version of this Bill:: A5337
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:: 2009-2010: A3738
2013-2014: S4135, A6195
2015-2016: S2848

2011-S5517B (ACTIVE) - Summary

2011-S5517B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5517B

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

SUMMARY OF SPECIFIC PROVISIONS:
Section one 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 proof reading standards for the ballots.

Section two 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.

Also section two
states absentee ballots printed in Braille and large-print shall be
made available upon request of any registered voter who is visually
impaired. Those wishing to receive such ballots must give notice no
less than thirty days prior to each election day. 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 three is 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.

LEGISLATIVE HISTORY:
2001-2002: A.6321 - Referred to Election Law
2003-2004: A.3726 - Passed Assembly
2005-2606: A.1852 - Passed Assembly
2007-2008: A.7196 - Passed Assembly
2009-2010: A.3738 - Passed Assembly

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;
provided, however, that section two of this act shall expire and be
deemed repealed December 31, 2012 when upon such date section three
of this act shall take effect.
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.

2011-S5517B (ACTIVE) - Bill Text download pdf

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

                                 5517--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 27, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08035-08-2

S. 5517--B                          2

QUALIFIED  BRAILLE READER.  THE STATE BOARD OF ELECTIONS 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 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.
ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
ABLE  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 SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND  LARGE-
PRINT  BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE ORGAN-
IZATIONS WITH EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE  WITH  DISA-
BILITIES  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 SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR  A
BRAILLE  BALLOT PROOFREADER 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 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; provided, however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

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Senate Bill S5517B

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2011-S5517A - Bill Text download pdf

2011-S5517B (ACTIVE) - Details

2011-S5517B (ACTIVE) - Summary

2011-S5517B (ACTIVE) - Sponsor Memo

2011-S5517B (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Elections Committee

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Bill Amendments

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2011-S5517 - Summary

2011-S5517 - Sponsor Memo

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2011-S5517A - Details

2011-S5517A - Summary

2011-S5517A - Sponsor Memo

2011-S5517A - Bill Text download pdf

2011-S5517B (ACTIVE) - Details

2011-S5517B (ACTIVE) - Summary

2011-S5517B (ACTIVE) - Sponsor Memo

2011-S5517B (ACTIVE) - Bill Text download pdf

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