BILL NUMBER: AB 683 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 13, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
INTRODUCED BY Assembly Member Low
FEBRUARY 25, 2015
An act to amend Sections 2053, 9082.7, and 13300.7 of the
Elections Code, relating to ballot materials.
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 683, as amended, Low. Online ballot materials:
accessibility. Voting Accessibility Advisory
Committee.
Under existing Existing law, the
Visually Impaired Voter Assistance Act of 1989, requires
the Secretary of State is required to establish a
Visually Impaired Voter Assistance Board and prescribes the
composition of the board, as specified. Under existing law the board
is required to, among other things, make recommendations to the
Secretary of State for improving the availability and accessibility
of ballot pamphlet audio recordings and their delivery to visually
impaired voters. Existing law also requires the Secretary of State to
make available the complete state ballot pamphlet over the Internet,
which is required to include specified information. Existing law
further authorizes county and city 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 or city's Internet Web
site, as specified.
This bill would require the Visually Impaired Voter
Assistance Board to rename the board as the Voting
Accessibility Advisory Committee and would instead require the
committee to advise the Secretary of State on improving
the accessibility of elections, including election materials, for all
voters with disabilities, and would revise the composition of the
committee, as specified. The bill would require the Secretary of
State to consult with the committee and consider the committee's
recommendations, which the Secretary of State could implement at his
or her discretion. The bill would also require the committee to
make additional recommendations to the Secretary of State for
improving the accessibility of election materials made available over
the Internet, as specified. The bill would also
and would require the elections materials made available
over the Internet to conform to meet or
exceed certain standards and guidelines, as specified. The
bill would further require the committee to 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2053 of the Elections Code is amended to read:
2053. (a) The Secretary of
State shall establish a Visually Impaired Voter Assistance
Advisory Board. The board shall consist of the Secretary of State, or
his or her designee, and the following membership, appointed by the
Secretary of State: Voting Accessibility Advisory
Committee. The Secretary of State shall consult with the committee
and consider the committee's recommendations related to improving the
accessibility of elections for voters with disabilities. The
Secretary of State may implement the committee's
recommendations as he or she deems appropriate.
(1) A representative from the State Advisory Council on Libraries.
(2) One member from each of three private organizations. Two of
the organizations shall be representative of organizations for blind
persons in the state.
(a) The committee shall consist of the Secretary of State, his or
her designees, and additional members appointed by the Secretary of
State. The appointees shall have demonstrated experience with
accessibility requirements for voters with disabilities or be a
county elections official.
(b) The board committee shall
serve in an advisory capacity to the Secretary of State and shall
do all of the following:
(1) Establish guidelines for reaching as many visually
impaired persons voters with disabilities as
practical.
(2) Make recommendations to the Secretary of State
for improving the availability and accessibility of
ballot pamphlet audio recordings election
materials and their delivery to visually impaired
voters. The Secretary of State may implement the recommendations made
by the board. voters with disabilities.
(3) Increase the distribution of public service announcements
identifying the availability of ballot pamphlet audio
recordings election materials for voters with
disabilities at least 45 days before any federal, state, and
local election.
(4) Make recommendations to the Secretary of State
for improving the accessibility of election materials made
available over the Internet, including the state ballot
pamphlet pursuant to Section 9082.7, the sample ballot and notice of
polling place pursuant to Section 13303, the voter pamphlet pursuant
to Section 13307, and any associated materials. In making
recommendations pursuant to this paragraph, the board shall consider
the following: Internet.
(A) Nonvisual accessibility for the blind and visually impaired,
in a manner that provides the same opportunity for access as provided
to other voters who are not disabled.
(B) Recommendations from representatives of blind consumer
organizations, experts in accessible software and hardware design,
and any other individual or organization the Secretary of State or
board determines to be appropriate.
(5) Promote the Secretary of State's toll-free voter registration
telephone line for citizens needing voter registration information,
including information for those who are visually
handicapped, individuals with disabilities, and
the toll-free telephone service regarding the
California State Library and regional library service
services for the visually impaired.
individuals who are unable to read
conventional print due to a visual or physical disability.
(6) 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.
(c) A member shall not receive compensation, but each member shall
be reimbursed for his or her reasonable and necessary expenses in
connection with service on the board.
committee.
SEC. 2. Section 9082.7 of the Elections Code is amended to read:
9082.7. (a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain all of the following:
(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about each
state ballot measure in a manner that is easy for voters to access
and understand. The information shall include all of the following:
(1) A summary of the ballot measure's content.
(2) The total amount of reported contributions made in support of
and opposition to the ballot measure, calculated and updated as
follows:
(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts of
contributions made in support of the ballot measure and reported in
semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts of
contributions made in opposition to the ballot measure and reported
in semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:
(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if the
total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.
(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual
statement, campaign statement, or preelection statement and not later
than two business days after receipt of a late contribution report
within 16 days of the election at which the measure will appear on
the ballot.
(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied by
an explanation that the contribution totals may be overstated due to
the inclusion of contributions made to committees supporting or
opposing more than one state ballot measure, as required by subclause
(II) of clause (iii) of subparagraph (A).
(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223 of
the Government Code.
(4) (A) A list of each committee primarily formed to support or
oppose the ballot measure, as described in Section 82047.5 of the
Government Code, and a means to access information about the sources
of funding reported for each committee.
(B) Information about the sources of contributions shall be
updated as new information becomes available to the public pursuant
to the Political Reform Act of 1974 (Title 9 (commencing with Section
81000) of the Government Code).
(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee's top 10 contributors reported
to the Fair Political Practices Commission pursuant to subdivision
(a) of Section 84223 of the Government Code.
(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices Commission
shall automatically provide any list of top 10 contributors created
pursuant to Section 84223 of the Government Code, and any subsequent
updates to that list, to the Secretary of State for purposes of
compliance with this section.
(5) Any other information deemed relevant by the Secretary of
State.
(c) Information made available over the Internet pursuant to this
section shall conform 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 Web Content Accessibility Guidelines 2.0 adopted by the
World Wide Web Consortium for accessibility. The Secretary of State
may also implement recommendations of the Visually Impaired
Voter Assistance Advisory Board Voting Accessibility
Advisory Committee made pursuant to paragraph (4) of
subdivision (b) of Section 2053.
SEC. 3. Section 13300.7 of the Elections Code is amended to read:
13300.7. Notwithstanding any other law, county and city elections
officials may 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 or
city's Internet Web site, provided that all of the following
conditions are met:
(a) The procedures establish a method of providing notice of and
an opportunity by which a voter can notify elections officials of his
or her desire to obtain ballot materials electronically in lieu of
receiving them by mail.
(b) The voter email address or any other information provided by
the voter under this section remains confidential pursuant to Section
6254.4 of the Government Code and Section 2194 of this code.
(c) The procedures provide notice and opportunity for a voter who
has opted out of receiving a sample ballot and other materials by
mail to opt back into receiving them by mail.
(d) The procedures establish a process by which a voter can apply
electronically to become a vote by mail voter.
(e) A voter may only opt out of, or opt back into, receiving his
or her sample ballot and other ballot materials by mail if the
elections official receives the request and can process it prior to
the statutory deadline for the mailing of those materials for the
next election, pursuant to Section 13303. If a voter misses this
deadline, the request shall take effect the following election.
(f) The procedures shall include a verification process to confirm
the voter's identity, either in writing with a signature card that
can be matched to the one on file with the elections official, or if
the request is submitted electronically, it shall contain the voter's
California driver's license number, California identification
number, or a partial social security number.
(g) Information made available over the Internet pursuant to this
section shall conform 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 Web Content Accessibility Guidelines 2.0 adopted by the
World Wide Web Consortium for accessibility. Election officials may
also implement recommendations of the Visually Impaired
Voter Assistance Advisory Board Voting Accessibility
Advisory Committee made pursuant to paragraph (4) of
subdivision (b) of Section 2053, and of any local Voting
Accessibility Advisory Committee created pursuant to the guidelines
promulgated by the Secretary of State related to the accessibility of
polling places by the physically handicapped.