By Madden H.B. No. 3221
77R5639 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for providing voting systems accessible to
1-3 persons with physical disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 8, Election Code, is amended by adding
1-6 Chapter 129 to read as follows:
1-7 CHAPTER 129. VOTING SYSTEMS ACCESSIBLE TO PERSONS WITH PHYSICAL
1-8 DISABILITIES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 129.001. APPLICABILITY. (a) This chapter applies if a
1-11 political subdivision:
1-12 (1) acquires a new voting system by lease or purchase;
1-13 or
1-14 (2) substantially modifies an existing voting system
1-15 in a manner that changes the manner in which voters interact with
1-16 the ballot at the polling place.
1-17 (b) This section does not apply if a change made to a voting
1-18 system at a central counting station or at the early voting ballot
1-19 board does not directly affect voters.
1-20 Sec. 129.002. ACCESSIBILITY; SECRET BALLOT. If a political
1-21 subdivision acquires a new voting system, the system must:
1-22 (1) be accessible to persons with physical
1-23 disabilities; and
1-24 (2) provide the voter with a practical and effective
2-1 means to cast an independent and secret ballot.
2-2 Sec. 129.003. MULTIPLE VOTING SYSTEMS PERMITTED IN CERTAIN
2-3 CIRCUMSTANCES. A political subdivision may use more than one type
2-4 of voting system in a single polling place only to provide to a
2-5 person with a physical disability a method of casting an
2-6 independent and secret ballot.
2-7 Sec. 129.004. SCOPE OF REQUIREMENT. (a) A newly acquired
2-8 voting system must be accessible in each polling place where the
2-9 system is used.
2-10 (b) This section does not require a political subdivision to
2-11 place a newly acquired voting system in each polling place in the
2-12 political subdivision.
2-13 (Sections 129.005-129.020 reserved for expansion
2-14 SUBCHAPTER B. ALTERNATIVE METHODS FOR PROVIDING A
2-15 SECRET BALLOT TO PERSONS WITH PHYSICAL DISABILITIES
2-16 Sec. 129.021. ALTERNATIVE METHODS AUTHORIZED. In addition to
2-17 the procedures provided by Subchapter B, Chapter 64, a political
2-18 subdivision may use any of the methods described by this subchapter
2-19 to provide an independent and secret ballot to a person with a
2-20 physical disability.
2-21 Sec. 129.022. PAPER OR OPTICAL SCAN BALLOT WITH TEMPLATE AND
2-22 TELEPHONE OR AUDIOTAPE SYSTEM. (a) A political subdivision may
2-23 create a ballot template, which is a precinct-specific tactile
2-24 ballot cover or overlay that is used to allow visually- or
2-25 reading-impaired voters to vote independently through the use of
2-26 touch. The ballot template must be in the form of a folder or other
2-27 overlay into which the voter's ballot is inserted. A binder clip
3-1 or similar fastener must be attached to keep the ballot in place.
3-2 The ballot template must have raised lines on the template to guide
3-3 a voter to the appropriate voting locations on the ballot and must
3-4 have holes punched in the template to allow the voter to mark the
3-5 actual ballot. The lines may be created with velcro strips, fabric
3-6 glue, caulk, or any other substance that will provide tactile
3-7 guidance to the layout of the ballot. The lines must be designed to
3-8 divide the races or issues on the ballot. Each race or issue may
3-9 be numbered by writing a number with the substance used to mark the
3-10 template. The numbers may also be printed in Braille. If a vendor
3-11 provides a ballot template with holes punched to correspond to each
3-12 oval on an optical scan ballot, the authority conducting the
3-13 election shall make that template precinct-specific by dividing the
3-14 ballot into the appropriate precinct races by using raised lines
3-15 and covering the holes so that the voter may not make a mark. The
3-16 material used to cover the holes must be self-adhesive and thick
3-17 enough to alert the voter that a mark should not be made in that
3-18 hole.
3-19 (b) When a voter with a visual or reading disability arrives
3-20 at a polling place and requests to vote using the method described
3-21 by Subsection (a), an election officer must verify the voter's
3-22 eligibility to vote. An eligible voter may select a ballot from the
3-23 official precinct ballot stock. After the voter selects a ballot,
3-24 an election officer shall insert the ballot into the template and
3-25 give the ballot with the template to the voter. One corner of the
3-26 ballot template must be cut at an angle that corresponds to a
3-27 similar cut on the ballot to allow the election officer and voter
4-1 to confirm that the ballot is correctly aligned and facing the
4-2 correct direction in the ballot cover. The voter may choose to
4-3 insert the ballot into the ballot cover rather than requiring an
4-4 election officer to perform this function.
4-5 (c) If a telephone system is used, an election officer shall
4-6 then make a telephone call to a designated telephone number. After
4-7 the person assigned to read the ballot in English or Spanish to the
4-8 voter answers the telephone, the election officer may disclose only
4-9 the precinct number to the reader. The election officer may not
4-10 disclose the name of the voter to the reader. The election officer
4-11 shall give the voter the telephone. The assigned reader shall
4-12 provide the voter with instructions for reading the ballot template
4-13 and marking the ballot. After the assigned reader confirms that the
4-14 voter understands the procedures and the layout of the ballot
4-15 template, the reader shall read the first race and candidates'
4-16 names or propositions. After the voter marks the ballot, the
4-17 reader shall instruct the voter to move to the next section on the
4-18 ballot template to vote on the next race or issue. The reader must
4-19 have a copy of the template that the voter is using so that the
4-20 reader may instruct the voter accurately on the races and issues on
4-21 which the voter is eligible to vote. After the voter completes the
4-22 ballot, the ballot shall be deposited in the ballot box, and the
4-23 ballot cover shall be returned to the election officer.
4-24 (d) If an audiotape system is used, an election officer
4-25 shall give the voter the appropriate audiotape, the audiotape
4-26 player, and a set of headphones. If the voter does not understand
4-27 the instructions for reading and marking the ballot after listening
5-1 to the audiotape, the voter may request instructions from the
5-2 election officer. The voter must be able to stop the audiotape as
5-3 necessary to mark the ballot. After the voter has completed the
5-4 ballot, the ballot shall be deposited in the ballot box and the
5-5 ballot cover, audiotape, audiotape player, and headphones shall be
5-6 returned to the election officer.
5-7 (e) The alternative system described by this section does
5-8 not permit a voter with a physical disability to vote for a
5-9 write-in candidate without assistance.
5-10 Sec. 129.023. PUNCH-CARD OR LEVER MACHINE WITH AUDIOTAPE OR
5-11 TELEPHONE SYSTEM. (a) A political subdivision using a punch-card
5-12 or lever machine system may use either a telephone or audiotape to
5-13 instruct voters on the procedures for reading and marking ballots.
5-14 (b) If a telephone system is used, an election officer shall
5-15 make a telephone call to a designated telephone number. After the
5-16 person assigned to read the ballot in English or Spanish to the
5-17 voter answers the telephone, the election officer may disclose only
5-18 the precinct number to the reader. The election officer may not
5-19 disclose the name of the voter to the reader. The election officer
5-20 shall give the voter the telephone. The assigned reader shall
5-21 provide the voter with instructions for voting with a punch-card or
5-22 lever machine, as applicable. After the assigned reader confirms
5-23 that the voter understands the procedures, the reader shall read
5-24 the first race and candidates' names or propositions. After the
5-25 voter votes, the reader shall instruct the voter to move to the
5-26 next section on the ballot to vote on the next race or issue. After
5-27 the voter has cast the ballot, the voter shall return the telephone
6-1 to the election officer.
6-2 (c) If an audiotape system is used, an election officer
6-3 shall give the voter the appropriate audiotape, the audiotape
6-4 player, and a set of headphones. If the voter does not understand
6-5 the instructions for voting with a punch-card or lever machine
6-6 after listening to the audiotape to receive instructions, the voter
6-7 may request instructions from the election officer. The voter must
6-8 be able to stop the audiotape as necessary to mark the ballot.
6-9 After the voter has cast the ballot, the audiotape, audiotape
6-10 player, and headphones shall be returned to the election officer.
6-11 Sec. 129.024. REQUIREMENTS FOR USE OF TELEPHONES WITH VOTING
6-12 SYSTEMS. Telephones used with alternative voting systems described
6-13 by this subchapter must be equipped with headsets rather than
6-14 handsets to allow voters to have their hands free to hold the
6-15 ballot and template steady and accurately mark the ballot through
6-16 the template.
6-17 Sec. 129.025. LOCATION OF VOTING BOOTHS. Election officers
6-18 must locate voting booths using alternative voting systems
6-19 described by this subchapter in a manner that will ensure the
6-20 maximum possible privacy for voters and the minimum possible noise.
6-21 Sec. 129.026. VARIATIONS OF VOTING SYSTEMS APPROVED BY
6-22 SECRETARY OF STATE. The secretary of state may adopt procedures to
6-23 provide for the approval of minor variations of the alternative
6-24 voting systems described by this subchapter.
6-25 (Sections 129.027-129.040 reserved for expansion
6-26 SUBCHAPTER C. STANDARDS FOR VOTING SYSTEM ACCESSIBILITY
6-27 Sec. 129.041. DEFINITIONS. In this subchapter:
7-1 (1) "Federal accessibility requirements" means the
7-2 Americans with Disabilities Act accessibility guidelines as written
7-3 by the Access Board, a group formed by the Department of Justice.
7-4 (2) "Low vision" means visual acuity between 20/70 and
7-5 20/200 or 30 degree or greater visual-field loss.
7-6 (3) "Physical disability" includes no vision, low
7-7 vision, no hearing, low hearing, limited manual dexterity, limited
7-8 reach, limited strength, no mobility, low mobility, or any
7-9 combination of those disabilities, excluding a combination of no
7-10 hearing and no vision.
7-11 Sec. 129.042. STANDARDS FOR ACCESSIBILITY. (a) A political
7-12 subdivision shall make a voting system accessible to voters with
7-13 physical disabilities in accordance with the standards described by
7-14 this section.
7-15 (b) A voting system shall provide:
7-16 (1) a tactile-input or speech-input device, or both;
7-17 (2) a method for a voter to confirm any tactile or
7-18 audio input with audio output that uses synthetic or recorded human
7-19 speech that is reasonably phonetically accurate; and
7-20 (3) a means for a voter to change the voter's
7-21 selection before the voter casts the ballot.
7-22 (c) A voter without vision must be able to locate by touch
7-23 any operable controls on an input device of a voting system without
7-24 having to initiate any keys on the system.
7-25 (d) Any audio and non-audio access approaches on a voting
7-26 system must be able to work both separately and simultaneously.
7-27 (e) If a non-audio access approach is provided, a voting
8-1 system may not require color perception and shall use black text or
8-2 graphics, or both, on white background or white text or graphics,
8-3 or both, on black background, unless the secretary of state
8-4 approves another high-contrast color combination that does not
8-5 require color perception.
8-6 (f) A voting system that requires any visual perception must
8-7 allow the election officer who programs the system, before the
8-8 system is sent to the polling place, the capability to set the font
8-9 size to a level that can be read by voters with low vision.
8-10 (g) A voting system shall provide:
8-11 (1) audio information, including any audio output
8-12 using synthetic or recorded human speech or any auditory feedback
8-13 tones that are important for the use of the audio approach, through
8-14 at least one mode, including by handset or headset, in an increased
8-15 amplification; and
8-16 (2) incremental volume control with output
8-17 amplification up to a level of at least 97 dB SPL, with at least
8-18 one intermediate step of 89 dB SPL.
8-19 (h) For transmitted voice signals, a voting system shall
8-20 provide a gain adjustable up to a minimum of 20 dB with at least
8-21 one intermediate step of 12 dB of gain.
8-22 (i) If a voting system has the possibility of exceeding 120
8-23 dB SPL, a mechanism shall be included to reset the volume
8-24 automatically to a safe level after each use but not before.
8-25 (j) If sound cues and audible information are used on a
8-26 voting system, simultaneous corresponding visual cues and
8-27 information shall be included.
9-1 (k) If a non-audio approach is used in conjunction with an
9-2 audio counterpart on a voting system, any spoken text shall also be
9-3 presented on screen, except that any auditory confirmation of a
9-4 voter's selection may not be printed in text on the screen.
9-5 (l) All controls and operable mechanisms on a voting system
9-6 must be operable:
9-7 (1) with one hand, including with a closed fist; and
9-8 (2) without tight grasping, pinching, or twisting of
9-9 the wrist.
9-10 (m) The force required to operate or activate the controls
9-11 on a voting system may not be greater than five pounds per square
9-12 foot.
9-13 (n) If a forward approach by a person in a wheelchair to a
9-14 voting system is necessary, the maximum high-forward reach allowed
9-15 is 48 inches and the minimum low-forward reach allowed is 15
9-16 inches. If the high-forward reach is over an obstruction, reach and
9-17 clearances shall be provided as prescribed by the secretary of
9-18 state or otherwise in accordance with federal accessibility
9-19 standards as written at the time the system is certified for use in
9-20 this state.
9-21 (o) If a side or parallel approach by a person in a
9-22 wheelchair to a voting system is necessary, the maximum side reach
9-23 allowed is 54 inches and the low side reach may not be less than 9
9-24 inches above the floor. If the side reach is over an obstruction,
9-25 reach and clearances shall be provided as prescribed by the
9-26 secretary of state or otherwise in accordance with federal
9-27 accessibility standards as written at the time the system is
10-1 certified for use in this state.
10-2 (p) The highest operable part of controls, dispensers,
10-3 receptacles, and other operable equipment on a voting system shall
10-4 be placed within at least one of the reach ranges prescribed by
10-5 Subsection (n) or (o).
10-6 (q) A voting system may be considered accessible and in
10-7 compliance with state law without allowing voters with a
10-8 combination of no hearing and no vision to cast an independent and
10-9 secret ballot.
10-10 SECTION 2. This Act takes effect September 1, 2001.