BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 683|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 683
          Author:   Low (D)
          Amended:  6/23/15 in Senate
          Vote:     21  

           SENATE ELECTIONS & C.A. COMMITTEE:  4-0, 6/30/15
           AYES:  Allen, Anderson, Hertzberg, Liu
           NO VOTE RECORDED:  Hancock

          SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  76-0, 5/26/15 (Consent) - See last page for  
            vote

           SUBJECT:   Voting Accessibility Advisory Committee


          SOURCE:    Author
          
          DIGEST:   This bill, among other things, requires the Secretary  
          of State (SOS) to establish a Voting Accessibility Advisory  
          Committee (Committee) and requires the SOS to consult with, and  
          consider the Committee's recommendations related to improving  
          the accessibility of elections for voters with disabilities.

          ANALYSIS:
          
          Existing law:

          1)Provides that it is the intent of the Legislature to promote  
            the fundamental right to vote of visually impaired  
            individuals, and to make efforts to improve public awareness  
            of the availability of ballot pamphlet audio recordings and  
            improve their delivery to these voters.









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          2)Requires the SOS to establish the Visually Impaired Voter  
            Assistance Advisory Board (Board).  Requires the Board to  
            consist of the SOS or his or her designee and the following  
            membership, appointed by the SOS:

             a)   A representative from the State Advisory Council in  
               Libraries; and, 

             b)   One member from each of three private organizations.   
               Requires two of the organizations to be representative of  
               organizations for blind persons in the state.

          3)Requires the Board to do all of the following:

             a)   Establish guidelines for reaching as many visually  
               impaired persons as practical;

             b)   Make recommendations to the SOS for improving the  
               availability and accessibility of ballot pamphlet audio  
               recordings and their delivery to visually impaired voters;

             c)   Increase the distribution of public service  
               announcements identifying the availability of ballot  
               pamphlet audio recordings at least 45 days before any  
               federal, state, or local election; and,

             d)   Promote the SOS's toll-free voter registration telephone  
               line for citizens needing voter registration information,  
               including information for those who are visually  
               handicapped, and the toll-free telephone service regarding  
               the California State Library and regional library service  
               for the visually impaired.

          4)Prohibits a member of the Board from receiving compensation.   
            Provides that each member shall be reimbursed for his or her  
            reasonable and necessary expenses in connection with service  
            on the Board.

          5)Requires the SOS to produce an audio recorded version of the  
            state ballot pamphlet.  Requires the audio recorded version to  
            be made available in quantities to be determined by the SOS  
            and contain information concerning each statewide measure, as  








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            specified.

          6)Requires the SOS to make available the complete state ballot  
            pamphlet over the Internet.  Requires the online version of  
            the state ballot pamphlet to contain certain voter  
            information, as specified.

          This bill:

          1)Requires the SOS to establish the Voting Accessibility  
            Advisory Committee (Committee) and requires the SOS to consult  
            with, and consider the Committee's recommendations related to  
            improving the accessibility of elections for voters with  
            disabilities, and permits the SOS to implement the Committee's  
            recommendations as he or she deems appropriate.  Specifically,  
            this bill: 


             a)   Provides that the Committee consist of the SOS, his or  
               her designees, and additional members appointed by the SOS.  
                The appointees shall have demonstrated experience with  
               accessibility requirements for voters with disabilities or  
               be a county elections official.


             b)   The Committee shall serve in an advisory capacity to the  
               SOS and is required to do all of the following:


                 i)       Establish guidelines for reaching as many voters  
                   with disabilities as practical.


                 ii)         Make recommendations for improving the  
                   availability and accessibility of election materials,  
                   including but not limited to sample ballots, voter  
                   information pamphlets, and vote-by-mail ballots, and  
                   their delivery to voters with disabilities, either in  
                   print or alternate formats.


                 iii)        Make recommendations for improving the  








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                   accessibility of election materials made available on  
                   Internet Web sites that are in compliance with the most  
                   current, ratified standards under Section 508 of the  
                   federal Rehabilitation Act of 1973 (29 U.S.C. Sec  
                   794d), as amended, and the Web Content Accessibility  
                   Guidelines 2.0 adopted by the World Wide Web Consortium  
                   for accessibility.


                 iv)         Promote the SOS's toll-free voter  
                   registration telephone line for citizens needing voter  
                   registration information, including information for  
                   individuals with disabilities, and the California State  
                   Library and regional library services for individuals  
                   who are unable to read conventional print due to a  
                   visual, intellectual, learning, physical, or any other  
                   disability.


                 v)       Make recommendations for providing voters with  
                   disabilities the same access and participation as is  
                   provided to other voters who are not disabled,  
                   including the ability to vote privately and  
                   independently.


                 vi)         Establish subcommittees to further the scope  
                   and purposes of the committee as they relate to  
                   improving voter services and access for individuals  
                   with disabilities, including, but not limited to,  
                   visually impaired voters and deaf or hard of hearing  
                   voters.


                 vii)                            Promote the use of plain  
                   language and alternative formats for election  
                   materials.


                 viii)                           Make recommendations for  
                   materials used to train poll workers on issues related  
                   to serving voters with disabilities and providing  








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                   accessible voting locations.


                 ix)         Establish subcommittees on, including but not  
                   limited to, visually impaired voters and deaf or hard  
                   of hearing voters.

          2)Requires information made available by the SOS over the  
            Internet meet or exceed the most current, ratified standards  
            under Section 508 of the federal Rehabilitation Act of 1973  
            (29 U.S.C. Sec. 794d), as amended, and the Web Content  
            Accessibility Guidelines (WCAG) 2.0 adopted by the World Wide  
            Web Consortium for accessibility.  Permits the SOS to  
            implement recommendations of the Committee.

          3)Requires county and city elections officials that make the  
            sample ballot, voter pamphlet, notice of polling place and  
            associated materials accessible on the county's or city's  
            Internet Web site to meet or exceed the most current, ratified  
            standards under Section 508 of the federal Rehabilitation Act  
            of 1973 (29 U.S.C. Sec. 794d), as amended, and the WCAG 2.0  
            adopted by the World Wide Web Consortium for accessibility.   
            Permits election officials to implement recommendations of the  
            Committee made pursuant to the guidelines promulgated by the  
            SOS related to the accessibility of polling places by the  
            physically handicapped.

          4)Makes other technical changes.


          Background


          Visually Impaired Voter Assistance Act of 1989:  Existing law  
          required the SOS to establish the Board in 1989.  One of the  
          main purposes of the Board is to establish guidelines for  
          reaching as many visually impaired individuals as practical and  
          make recommendations to the SOS for improving the availability  
          and accessibility of ballot pamphlet audio recordings and their  
          delivery to visually impaired voters.  However, according to the  
          SOS's office, the Board is not currently functioning and has  
          been incorporated into the SOS's Statewide Voting Accessibility  








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          Advisory Committee (Committee). 

          Voting Accessibility Advisory Committee:  On the state level,  
          the SOS has established the statewide Committee, which is  
          designed to advise, assist, and provide recommendations to the  
          SOS's office on how voters with disabilities can vote  
          independently and privately.  For instance, Committee members  
          have been influential in assisting with numerous projects,  
          including the polling place accessibility guidelines. Committee  
          members have also helped raise awareness of disability issues  
          through their involvement in the development of the voter  
          accessibility survey and production of the polling place  
          accessibility surveyor training video. 

          On the local level, some county elections officials have  
          established local voting accessibility advisory committees to  
          help advise and assist on local election issues. For example,  
          Los Angeles County established a local VAAC Committee in 2006 to  
          assist the registrar-recorder/county clerk in implementing  
          innovative strategies and improving accessibility and  
          participation in the election process for individuals within the  
          full spectrum of disabilities.

          Voter Materials Online:  On the state level, existing law  
          requires the SOS to make the state ballot pamphlet available  
          over the Internet and also requires the SOS to establish  
          processes that enable a voter to opt out of receiving by mail  
          the state ballot pamphlet and instead receive it in an  
          electronic format or an electronic notification making the  
          pamphlet available by means of online access.  This requirement,  
          however, is not effective until the SOS certifies that the  
          statewide voter database known as VoteCal is operational.   
          According to the SOS, the VoteCal database is expected to be  
          fully deployed by the end of June 2016.

          On the local level, existing law permits county elections  
          officials to provide voter materials online.  Specifically,  
          existing law permits county elections officials to establish  
          procedures designed to permit a voter to opt out of receiving  
          his or her sample ballot, voter pamphlet, notice of polling  
          place, and associated materials by mail, and instead obtain them  
          electronically via email or by accessing them on the county's  








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          Internet Web site.


          Comments


           1) According to the author, in 2010, legislation was passed to  
             allow county and city officials to provide election  
             information in an electronic format via email or by making  
             them accessible on their internet web site.  While some  
             counties and cities have adopted this process, election  
             information provided electronically is not always accessible  
             for voters with disabilities.  Audio recordings of voter  
             pamphlets or sample ballots are sometimes available but there  
             is little, if any, candidate information available in an  
             accessible format.  This is particularly true for local  
             elections where candidate information or ballot issues are  
             not always accessible.

           AB 683 will require the Voting Accessibility Advisory Committee  
             (VAAC) to provide the Secretary of State with recommendations  
             on making election information and the election process more  
             accessible for voters with disabilities.  The bill further  
             allows the VAAC to establish subcommittees to improve  
             services and accessibility for voters with disabilities,  
             including but not limited to, visually impaired and deaf or  
             hard of hearing voters.

           By making information available in accessible formats people  
             with disabilities can use their own accessible technologies  
             to research candidates and issues that appear on their  
             ballot.  AB 683 will allow all voters to be better  
             participants in our democracy.

           2) New Electronic and Information Technology Requirement.  This  
             bill requires information made available over the Internet to  
             comply with standards under Section 508 of the federal  
             Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d) and the WCAG  
             2.0 adopted by the World Wide Web Consortium for  
             accessibility. 

           Section 508 of the federal Rehabilitation Act requires federal  








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             agencies' electronic and information technology be accessible  
             to people with disabilities, including employees and members  
             of the public.  Specifically, Section 508 establishes  
             requirements for any electronic and information technology  
             developed, maintained, procured, or used by the federal  
             government. 

           The WCAG 2.0 covers a wide range of recommendations for making  
             web content more accessible.  The objective of the guidelines  
             is to make content accessible to a wider range of people with  
             disabilities, including blindness and low vision, deafness  
             and hearing loss, learning disabilities, cognitive  
             limitations, limited movement, speech disabilities,  
             photosensitivity and combinations of these.  WCAG 2.0 was  
             developed in cooperation with individuals and organizations  
             around the world, with a goal of providing a shared standard  
             for web content accessibility that meets the needs of  
             individuals, organizations, and governments internationally.   
             WCAG 2.0 builds on WCAG 1.0 and is designed to apply broadly  
             to different web technologies now and in the future, and to  
             be testable with a combination of automated testing and human  
             evaluation.

           According to the SOS's office, the SOS's Internet Web site  
             mostly complies with Section 508 of the federal  
             Rehabilitation Act, however, it is unclear whether the SOS's  
             Internet Web site currently complies with the WCAG 2.0  
             standard adopted by the World Wide Web Consortium for  
             accessibility.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/26/15)


          Secretary of State Alex Padilla
          California Foundation for Independent Living Centers


          OPPOSITION:   (Verified8/17/15)








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          California Council of the Blind


          ARGUMENTS IN SUPPORT:  The California Foundation for Independent  
          Living Centers (CFILC) in support of this bill states, 


            Existing law required the Secretary of State (SOS) to  
            establish a "Visually Impaired Voter Assistance Board" to  
            make recommendations to improve the availability and  
            accessibility of ballot pamphlets, audio recordings, and  
            elections materials for delivery to visually impaired  
            voters.  In addition, current law allows city and county  
            elections officials to provide election-related information  
            via email or by making them accessible on their Internet  
            websites. 


            Unfortunately, while some audio materials have been made  
            available to visually impaired voters pursuant to these  
            requirements, other cities and counties have not met the  
            requirement to provide those materials in accessible  
            formats.  Similarly, while some cities and counties have  
            adopted processes for emailing election materials or making  
            them available on websites, there is substantial need for  
            improvement to maximize the participation of voters with  
            disabilities in the elections process.


            In order to better address these issues, AB 683 would  
            rename and reconstitute the membership of a new "Voting  
            Accessibility Advisory Committee" that would be required to  
            make recommendations for consideration by the SOS to  
            improve the accessibility of elections materials to all  
            voters with disabilities.  Therefore, in addition to  
            assisting voters who are blind or visually impaired, AB 683  
            would expand the categories of targeted voters to include a  
            broader and much more inclusive range of eligible voters  
            with disabilities, including those who are deaf or have a  
            hearing loss; and those with learning disabilities,  








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            cognitive impairments, limited movement, speech  
            disabilities, photosensitivity, or any combinations  
            thereof.


            As a cross-disability organization, CFILC strongly supports  
            AB 683 because it would promote the enfranchisement of  
            people with all types of disabilities.


          ARGUMENTS IN OPPOSITION:  The California Council of the Blind  
          (CCB) states in opposition, CCB is extremely concerned that the  
          language establishing the Visually Impaired subcommittee fails  
          to stipulate representation from the two major consumer  
          organizations in California, particularly the California Council  
          of the Blind.  We feel strongly that individuals representing  
          blindness-specific organizations should be the ones serving on  
          this important subcommittee.

          ASSEMBLY FLOOR:  76-0, 5/26/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Bloom, Chávez, Harper, Mathis

          Prepared by:Frances Tibon Estoista / E. & C.A. / (916) 651-4106
          8/26/15 16:18:46


                                   ****  END  ****


          








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