S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5085
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 30, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law and the education law, in  relation  to
         making absentee ballots available in Braille and large-print
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The election law is amended by adding a new  section  7-107
    2  to read as follows:
    3    S 7-107. ABSENTEE BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAIL-
    4  ABLE.    1. ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE
    5  MADE AVAILABLE UPON THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND  OR
    6  VISUALLY  IMPAIRED.    PERSONS WISHING TO RECEIVE BRAILLE OR LARGE-PRINT
    7  ABSENTEE BALLOTS MUST GIVE NOTICE THEREOF TO THE BOARD OF  ELECTIONS  NO
    8  LESS  THAN THIRTY DAYS PRIOR TO EACH ELECTION DAY TO ENABLE THE BOARD TO
    9  PREPARE AND DISTRIBUTE SUCH BALLOTS.
   10    2. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES FOR THE  PREPA-
   11  RATION,  DISTRIBUTION,  CASTING,  AND CANVASS OF BRAILLE AND LARGE-PRINT
   12  ABSENTEE BALLOTS.   THE STATE  BOARD  OF  ELECTIONS  SHALL  DEVELOP  THE
   13  INITIAL  FORMAT FOR BOTH BRAILLE AND LARGE-PRINT BALLOTS IN CONSULTATION
   14  WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE  IN  THE
   15  FIELD  OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPROPRI-
   16  ATE PERSONS, GROUPS, ENTITIES OR ORGANIZATIONS AS  THE  STATE  BOARD  OF
   17  ELECTIONS  SHALL  DETERMINE.  FOR THE PURPOSE OF THIS SECTION, "BRAILLE"
   18  REFERS TO GRADE TWO BRAILLE AND "LARGE-PRINT" REFERS TO A FONT OF  EIGH-
   19  TEEN  POINT OR LARGER.  UPON THE PRINTING OF A BRAILLE BALLOT, THE BOARD
   20  OF ELECTIONS SHALL REQUIRE SUCH BRAILLE BALLOT  TO  BE  PROOFREAD  BY  A
   21  QUALIFIED  BRAILLE READER.  THE STATE BOARD OF ELECTIONS SHALL ESTABLISH
   22  THE MINIMUM QUALIFICATIONS FOR A BRAILLE BALLOT PROOFREADER IN CONSULTA-
   23  TION WITH AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE  IN
   24  THE FIELD OF ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER APPRO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01472-03-5
       S. 5085                             2
    1  PRIATE  PERSONS,  GROUPS,  ENTITIES OR ORGANIZATIONS AS SUCH BOARD SHALL
    2  DETERMINE.
    3    S  2.  The  education law is amended by adding a new section 2022-a to
    4  read as follows:
    5    S 2022-A. BALLOTS IN BRAILLE AND LARGE-PRINT TO BE MADE AVAILABLE.  1.
    6  ABSENTEE BALLOTS PRINTED IN BRAILLE AND LARGE-PRINT SHALL BE MADE AVAIL-
    7  ABLE  UPON  THE REQUEST OF ANY REGISTERED VOTER WHO IS BLIND OR VISUALLY
    8  IMPAIRED. PERSONS WISHING TO RECEIVE BRAILLE  AND  LARGE-PRINT  ABSENTEE
    9  BALLOTS  MUST GIVE NOTICE THEREOF NO LESS THAN THIRTY DAYS PRIOR TO EACH
   10  ELECTION DAY TO ENABLE PREPARATION AND DISTRIBUTION OF SUCH BALLOTS.
   11    2.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  STATE  BOARD   OF
   12  ELECTIONS,  SHALL  PROMULGATE  RULES  FOR THE PREPARATION, DISTRIBUTION,
   13  CASTING, AND CANVASS OF BRAILLE AND LARGE-PRINT  ABSENTEE  BALLOTS.  THE
   14  DEPARTMENT  SHALL DEVELOP THE INITIAL FORMAT FOR BOTH BRAILLE AND LARGE-
   15  PRINT BALLOTS IN CONSULTATION WITH AT LEAST THREE NEW YORK STATE  ORGAN-
   16  IZATIONS  WITH  EXPERTISE IN THE FIELD OF ADVOCACY FOR PEOPLE WITH DISA-
   17  BILITIES  AND  SUCH  OTHER  APPROPRIATE  PERSONS,  GROUPS,  ENTITIES  OR
   18  ORGANIZATIONS  AS  SUCH  BOARD SHALL DETERMINE. FOR THE PURPOSES OF THIS
   19  SECTION, "BRAILLE" REFERS TO GRADE TWO BRAILLE AND "LARGE-PRINT"  REFERS
   20  TO  A  FONT  OF EIGHTEEN POINT OR LARGER. UPON THE PRINTING OF A BRAILLE
   21  BALLOT, SUCH BRAILLE BALLOT SHALL BE PROOFREAD BY  A  QUALIFIED  BRAILLE
   22  READER.  THE DEPARTMENT SHALL ESTABLISH THE MINIMUM QUALIFICATIONS FOR A
   23  BRAILLE BALLOT PROOFREADER IN  CONSULTATION  WITH  THE  STATE  BOARD  OF
   24  ELECTIONS AND AT LEAST THREE NEW YORK STATE ORGANIZATIONS WITH EXPERTISE
   25  IN  THE  FIELD  OF  ADVOCACY FOR PEOPLE WITH DISABILITIES AND SUCH OTHER
   26  APPROPRIATE PERSONS, GROUPS, ENTITIES OR ORGANIZATIONS AS  SUCH  DEPART-
   27  MENT SHALL DETERMINE.
   28    S 3. This act shall take effect on the first of December next succeed-
   29  ing  the  date on which it shall have become a law; provided that effec-
   30  tive immediately, the addition, amendment and/or repeal of any  rule  or
   31  regulation necessary for the implementation of this act on its effective
   32  date are authorized to be made on or before such effective date.