The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to secure the right of blind and visually impaired people to vote under the same conditions of privacy and independence as sighted people. . |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. This Act may be cited as “The Accessible Voting Technology Act of 2003”.
SECTION 2. Findings.
The legislature makes the following findings:
(1) Microchip and digital technologies are increasingly changing the way
Americans vote.
(2) State and political subdivisions are replacing antiquated voting methods
and machines with computer and electronic-based voting systems, but non-visual
access, whether by speech, Braille, or other appropriate means is often
overlooked in certifying and purchasing the latest voting technology.
(3) Voting technology and systems which allow the voter to access and select
information solely through a visual means are a barrier to access by
individuals who are blind or visually impaired, thereby discouraging them from
exercising the right to vote — the most fundamental right of citizenship in a
free and democratic society.
(4) Software and hardware adaptations have been created so that voters can
interact with voting technology and systems through both visual and non-visual
means allowing blind and visually impaired people to cast a secret ballot and
independently verify their vote.
(5) In promoting full participation in the electoral process, the goals of the
state and its political subdivisions must recognize the incontrovertible right
of all citizens regardless of blindness or visual impairment to vote; and
(6) This right must include the opportunity for individuals who are blind or
visually impaired to cast and verify their ballots independently.
SECTION 3.
Definitions.
In this Act:
(1) The term “access” means the ability to receive, use, select, and manipulate
data and operate controls included in voting technology and systems.
(2) The term “non-visual” means synthesized speech, Braille, and other output
methods not requiring sight.
SECTION 4.
Requirements for accessible voting technology and systems.
(1) The state chief election officer shall require (by certification or
otherwise) that the voting technology and systems used by the state or any
political subdivision provide blind and visually impaired individuals with
access which is equivalent to that provided to individuals who are not blind or
visually impaired, including the ability for the voter to cast and verify all
selections made by both visual and non-visual means.
(2) In requiring non-visual access pursuant to subparagraph 1, the chief
election officer shall obtain recommendations from representatives of blind
consumer organizations, experts in accessible software and hardware design, and
any other individual or organization the chief election officer determines to
be appropriate.
SECTION 5.
Existing technology and systems.
(1) Compliance with this Act in regard to voting technology and systems
purchased prior to the effective date of this Act shall be achieved at the time
of procurement of an upgrade or replacement of the existing equipment or
systems.
SECTION 6. Action
for injunction.
(1) A person injured by a violation of this Act may maintain an action for
injunctive relief to enforce the terms of this Act.
(a) Limitation period for a civil action.—
(1) Any such action shall be commenced within four years after the cause of
action accrues.
(2) For the purposes of this subsection, a cause of action for a continuing
violation accrues at the time of the latest violation.
SECTION 7.
Effective date.
This act shall take effect and be in force from the date of enactment of this
Act.