Bill SD.3042

SENATE DOCKET, NO. 3042 FILED ON: 3/10/2022

SENATE . . . . . . . . . . . . . . No.

By Ms. DiZoglio (by request), a petition (accompanied by bill) (subject to Joint Rule 12) of Halley Kelly for legislation relative to accessible electronic voting. Election Laws.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to accessible electronic voting.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 54 of the General Laws is hereby amended by adding the following section:-

Section 163. Accessible Remote Voting for Voters with Print Disabilities

(a) Definitions. The following definitions apply to this section 163

“WCAG 2.1” means the World Wide Web Consortium’s Web Content Accessibility Guidelines version 2.1, Level AA criteria that affect users with vision disabilities, available at www.w3.org/TR/WCAG/. Unless otherwise provided in this Agreement, technical terms used in this Agreement have the same meaning as provided in WCAG 2.1.

“Print disabilities” are disabilities that make it difficult or impossible for an individual to effectively access standard print materials. Such disabilities include blindness, low 2 17442567.1 17442567.2 vision, mobility/dexterity disabilities, or other disabilities that prevent or substantially limit access to standard printed text because the individual with the disability cannot read, write, hold, physically manipulate, or otherwise use standard print materials.

“Accessible Forms” are forms, applications, ballots, or transactions that are electronically fillable and submissible, produce a savable confirmation of submission for users, and are compliant with WCAG 2.1 AA.

“Accessible Ballots” are electronically fillable and submissible and are compliant with WCAG 2.1 AA. Accessible Ballots are received, marked, cast and submitted electronically, and ensure privacy and independence in voting for individuals with print disabilities who use common assistive technology, such as standard screen reader software (e.g., Job Access With Speech (“JAWS”), NonVisual Desktop Access (“NVDA”), VoiceOver, or Narrator), sip and puff devices (e.g., Sip/Puff Breeze, Jouse2), magnification, or speech to text software independently.

“Remote Voting Programs” are voting programs available to Massachusetts voters, such as the Absentee Voting Program and the Vote by Mail Program currently in effect until December 15, 2021, that permit a voter to privately and independently cast a ballot from a location other than an official polling site by mail, email, fax, and a web-based or other electronic system.

“Absentee Voting Program” is a voting program available in all Massachusetts elections for voters deemed to qualify to receive an absentee ballot. Registered Massachusetts voters are eligible to request and utilize an absentee ballot if they:

(1) are going to be absent from the city or town where they are registered to vote during polling hours on election day;

(2) have a disability that keeps them from voting at their polling site on election day; or

(3) are unable to cast their vote in person on election day due to their religious beliefs.

Massachusetts citizens who are not registered voters are eligible to vote absentee if they are:

(1) a military voter on active duty or a dependent family member of active-duty personnel protected by the Uniformed and Overseas Citizens Absentee Voting Act;

(2) a Massachusetts citizen residing outside of the United States protected by the Uniformed and Overseas Citizen Absentee Voting Act;

(3) a voter who has been admitted to a hospital within one week of the election; or

(4) a voter who is incarcerated.

“Vote by Mail Program” is a voting program currently available in all Massachusetts elections to all voters without any need to provide a reason or otherwise meet special criteria to participate.

(b) Accessible Remote Voting for Voters with Print Disabilities.

(1) The Commonwealth shall, for every election through December 31, 2025, provide an Accessible Electronic Remote Voting System for use by individuals with print disabilities participating in the Absentee Voting Program or, while it exists, the Vote by Mail Program to allow them to privately and independently cast a ballot electronically.

(2) The Accessible Electronic Remote Voting System shall comply with WCAG 2.1 and the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794 et seq.

(c) The Accessible Electronic Remote Voting System, unless ordered otherwise by either the Secretary of the Commonwealth of Massachusetts or a court of competent jurisdiction, shall include, at a minimum, the following accommodations for voters with print disabilities:

1) Accessible Forms to allow voters with print disabilities to apply to participate in Remote Voting Programs that permit use of a typed name or other proof of identity as a substitute for a hand-drawn signature, provided that this accommodation shall apply to the 2021 regular municipal election and thereafter. This accommodation shall be available as soon as is practicable;

2) Accessible Forms or other accessible web-based or electronic means compliant with WCAG 2.1 by which a voter with print disabilities can privately and independently request to participate in the Accessible Electronic Remote Voting System and self-certify that they are voters with disabilities that prevent or substantially limit them from being able to privately and independently complete a paper ballot to participate in a Remote Voting Program;

3) An Accessible Ballot;

4) An accessible means of ballot certification that is electronically fillable and submissible and compliant with WCAG 2.1 that permits use of a typed name or other proof of identity or credentials as a substitute for a hand-drawn signature; and

5) A web-based platform or other accessible mechanism that complies with WCAG 2.1 through which approved voters with print disabilities can electronically submit their Accessible Ballot and ballot certification in order to officially cast their vote as part of a Remote Voting Program.

(d) Upon adoption of this bill, the Commonwealth shall prominently display on its website information concerning the Accessible Electronic Remote Voting System and the procedures for voters who wish to apply for and receive accommodations for their print disabilities to enable them to vote privately and independently through all available Remote Voting Programs. The content referencing or otherwise relating to the Accessible Electronic Remote Voting System and related procedures on the Commonwealth’s website shall be compliant with WCAG 2.1.

(e) No later than sixty (60) days after the adoption of this bill, the Commonwealth shall adopt or revise policies regarding its procedure for providing prompt and timely equal access to Remote Voting Programs for people with print disabilities as necessary to effectuate the terms of this Agreement, including:

1) Making clear that the Accessible Voting Coordinator will receive and resolve questions and complaints about the accessibility of the voting process for people with disabilities. The Accessible Voting Coordinator’s contact information, including an email address, mailing address, and telephone number, shall be included in the policy and easily identifiable on the Commonwealth’s website.

2) Establishing and processing the manner through which the Commonwealth will accept and address complaints and feedback from the public regarding its provision of the Accessible Electronic Remote Voting System.

3) Posting the policy prominently on the Commonwealth’s website.

(f) For each election that occurs from the Effective Date through December 31, 2025, upon request, the Commonwealth will promptly provide Disability Law Center a report containing the following information for the preceding election:

1) The number of individuals who requested access to the Accessible Electronic Remote Voting System as an accommodation;

2) The number of individuals who were granted access to the Accessible Electronic Remote Voting System as an accommodation;

3) The number of individual who submitted a ballot using the Accessible Electronic Remote Voting System; and

4) A description of any complaints or feedback received by the Commonwealth from voters with disabilities regarding attempts to use or use of the Accessible Electronic Remote Voting System.

Name:	District/Address:
Halley Kelly	102 Eastman Lane, Amherst, MA 01003