State Codes and Statutes
Statutes > California > Elec > 19225-19229.5ELECTIONS CODE
SECTION 19225-19229.5
19225. The Legislature finds and declares as follows: (a) Microchip and digital technologies are increasingly changing the way Americans vote. (b) State and political subdivisions are replacing antiquated voting methods and machines with computer and electronic-based voting systems, but nonvisual access, whether by speech, braille, or other appropriate means, is often overlooked in certifying and purchasing the latest voting technology. (c) Voting technology and systems that 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. (d) Software and hardware adaptations have been created so that voters can interact with voting technology and systems through both visual and nonvisual means allowing blind and visually impaired people to cast a secret ballot and independently verify their vote. (e) 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. (f) This right must include the opportunity for individuals who are blind or visually impaired to cast and verify their ballots independently. 19226. As used in this article: (a) "Access" means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. (b) "Nonvisual" means synthesized speech, braille, and other output methods not requiring sight. 19227. (a) The Secretary of State shall adopt rules and regulations governing any voting technology and systems used by the state or any political subdivision that provide blind and visually impaired individuals with access that 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 nonvisual means. (b) At each polling place, at least one voting unit approved pursuant to subdivision (a) by the Secretary of State shall provide access to individuals who are blind or visually impaired. (c) A local agency is not required to comply with subdivision (b) unless sufficient funds are available to implement that provision. Funds received from the proceeds of the Voting Modernization Bond Act of 2002 (Article 3 (commencing with Section 19230)), from federal funds made available to purchase new voting systems, or from any other source except the General Fund, shall be used for that purpose. 19227.5. In requiring nonvisual access pursuant to this article, the Secretary of State shall obtain recommendations from representatives of blind consumer organizations, experts in accessible software and hardware design, and any other individual or organization the Secretary of State determines to be appropriate. 19228. Compliance with this article in regard to voting technology and systems purchased prior to the effective date of this article shall be achieved at the time of procurement of an upgrade or replacement of existing voting equipment or systems. 19229. (a) A person injured by a violation of this article may maintain an action for injunctive relief to enforce this article. (b) An action for injunctive relief shall be commenced within four years after the cause of action accrues. (c) For the purposes of this section, a cause of action for a continuing violation accrues at the time of the latest violation. 19229.5. This article does not apply to voting by vote by mail ballot.
