S T A T E O F N E W Y O R K
________________________________________________________________________
6195--A
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
___________
Introduced by M. of A. CUSICK, COLTON, ENGLEBRIGHT, GIBSON, STEVENSON,
ORTIZ, ZEBROWSKI, SCARBOROUGH, MOYA, ROBINSON, CAHILL, LAVINE --
Multi-Sponsored by -- M. of A. BOYLAND, FARRELL, GLICK, HEASTIE,
HIKIND, PERRY, WEISENBERG -- read once and referred to the Committee
on Election Law -- 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 the 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
ABSENTEE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05514-02-3
A. 6195--A 2
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-
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 FOR EVERY ELECTION UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS
BLIND OR VISUALLY IMPAIRED. SUCH BALLOTS SHALL BE MADE AVAILABLE AT
POLLING PLACES 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 THE REQUEST OF ANY REGISTERED VOTER WHO IS
BLIND OR VISUALLY IMPAIRED. PERSONS WISHING TO RECEIVE BRAILLE AND
LARGE-PRINT ABSENTEE OR IN-PERSON 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 THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR VISUALLY
IMPAIRED. PERSONS WISHING TO RECEIVE BRAILLE AND LARGE-PRINT ABSENTEE
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
A. 6195--A 3
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. This act shall take effect immediately; provided however that
sections one and two of this act shall take effect on the first of
December next succeeding the date on which it shall have become a law;
provided, further that section 2022-a of the education law added by
section two of this act shall expire and be deemed repealed on the same
date as chapter 359 of the laws of 2010 expires, when upon such date the
provisions of section three of this act shall take effect; and provided,
further that 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 to be made on or before
such effective date.