Laura
09-06-2009, 10:08 AM
From Brad Williams @ NYSILC
ACTION ALERT: Urge Governor Paterson to Sign Polling Place Access Bill Into
Law
On Friday, September 4, 2009, the Assembly sent the polling place access
bill (A.584-a, S.1058-a) to Governor Paterson. He has ten days to make a
decision. Advocates need to take the following action to urge the Governor
to sign the bill into law. It is important we do not take it for granted
that he will "do the right thing." Instead, the Governor needs to hear from
us. We need to encourage him to sign the bill into law for the disability
community.
Please click on the link provided by the CDR website below to generate an
email message to the Governor AS SOON AS POSSIBLE, but no later than Friday,
September 14, 2009:
http://capwiz.com/rochestercdr/issues/alert/?alertid=13988806
Send the message as is, or add to it to convey additional information. Fill
in the boxes with your contact information. When done, click the "Send
Message" button.
If appropriate, forward this email alert (with link) to advocates who are
most likely to take action in your group or network.
For specific information about the bill, please below.
======================
BILL NUMBER: S1058A
SPONSOR: ADDABBO
TITLE OF BILL: An act to amend the election law, in relation to
requiring polling places to be accessible to physically disabled voters
PURPOSE:
The purpose of this bill is to update the state election law to be
consistent with federal accessibility requirements, eliminate state
polling place accessibility waiver language and include provisions to
the election law to reduce confusion regarding polling places access
requirements and increase the likelihood of substantial compliance.
SUMMARY OF PROVISIONS:
Section 1: Amends a clear standard that all polling places must be
accessible to citizens with disabilities per the accessibility guide-
lines of the federal Americans with Disabilities Act (ADA) of 1990 and
New York State Uniform Fire and Building Codes. This will eliminate any
confusion and direct the appropriate parties to the relevant laws and
agencies for guidance.
The bill repeats an outdated waiver process that was used to operate
inaccessible polling places. This past practice and language must be
deleted because it is illegal. All polling places must now be accessible
by federal law.
The State Board of Elections shall publish a concise, non-technical
guide to describe polling site accessibility standards and distribute
them to all board of elections and local governments with the power to
designate poll sites. The Guide will also include a polling site access
survey instrument and uniform procedures to be followed by boards of
elections to hear and remedy polling site accessibility complaints. The
guide will be developed in consultation with appropriate stakeholders.
Additional provisions were included to help reduce confusion regarding
polling places access requirements and increase the likelihood of
substantial compliance. They include: completion of an access survey for
every polling place to verify compliance, submission of completed
surveys to the State Board of Elections, specifications about qualifica-
tions of persons conducting the surveys as well as their frequency. To
ensure enforcement, a provision was added to support a party's right to
pursue the matter in court.
EXISTING LAW:
None.
JUSTIFICATION:
Many polling sites across the state are ill equipped to provide basic
access to people with disabilities. In turn, this has severely affected
their ability to go out and vote. Often times, such barriers as steep
steps and narrow doorways impede the only available routes to these
buildings. Entrances that are more accommodating to those with disabili-
ties are frequently obscured from view, due to a lack of proper signage.
Furthermore, many polling sites are located in basements, which can only
be reached by stairway. A lack of adequate handicapped parking spaces
has been a deterrent as well.
By mandating that all polling sites comply with these accessibility
guidelines, this law will help ensure that all people with disabilities
can be accommodated in a fair and equitable fashion at all polling
sites.
PRIOR LEGISLATIVE HISTORY:
2007-2008 S.6311 - Died in Senate
2005-2006 A.120 - Passed Assembly, Died in Senate
2003-2004 A.5473A - Passed Assembly, Died in Senate
2001-2002 A.10623 - Referred to Elections
LOCAL FISCAL IMPLICATIONS:
There are limited local fiscal implications.
EFFECTIVE DATE:
This act shall take effect on the fifteenth of December next succeeding
the date on which it shall have become a law.
ACTION ALERT: Urge Governor Paterson to Sign Polling Place Access Bill Into
Law
On Friday, September 4, 2009, the Assembly sent the polling place access
bill (A.584-a, S.1058-a) to Governor Paterson. He has ten days to make a
decision. Advocates need to take the following action to urge the Governor
to sign the bill into law. It is important we do not take it for granted
that he will "do the right thing." Instead, the Governor needs to hear from
us. We need to encourage him to sign the bill into law for the disability
community.
Please click on the link provided by the CDR website below to generate an
email message to the Governor AS SOON AS POSSIBLE, but no later than Friday,
September 14, 2009:
http://capwiz.com/rochestercdr/issues/alert/?alertid=13988806
Send the message as is, or add to it to convey additional information. Fill
in the boxes with your contact information. When done, click the "Send
Message" button.
If appropriate, forward this email alert (with link) to advocates who are
most likely to take action in your group or network.
For specific information about the bill, please below.
======================
BILL NUMBER: S1058A
SPONSOR: ADDABBO
TITLE OF BILL: An act to amend the election law, in relation to
requiring polling places to be accessible to physically disabled voters
PURPOSE:
The purpose of this bill is to update the state election law to be
consistent with federal accessibility requirements, eliminate state
polling place accessibility waiver language and include provisions to
the election law to reduce confusion regarding polling places access
requirements and increase the likelihood of substantial compliance.
SUMMARY OF PROVISIONS:
Section 1: Amends a clear standard that all polling places must be
accessible to citizens with disabilities per the accessibility guide-
lines of the federal Americans with Disabilities Act (ADA) of 1990 and
New York State Uniform Fire and Building Codes. This will eliminate any
confusion and direct the appropriate parties to the relevant laws and
agencies for guidance.
The bill repeats an outdated waiver process that was used to operate
inaccessible polling places. This past practice and language must be
deleted because it is illegal. All polling places must now be accessible
by federal law.
The State Board of Elections shall publish a concise, non-technical
guide to describe polling site accessibility standards and distribute
them to all board of elections and local governments with the power to
designate poll sites. The Guide will also include a polling site access
survey instrument and uniform procedures to be followed by boards of
elections to hear and remedy polling site accessibility complaints. The
guide will be developed in consultation with appropriate stakeholders.
Additional provisions were included to help reduce confusion regarding
polling places access requirements and increase the likelihood of
substantial compliance. They include: completion of an access survey for
every polling place to verify compliance, submission of completed
surveys to the State Board of Elections, specifications about qualifica-
tions of persons conducting the surveys as well as their frequency. To
ensure enforcement, a provision was added to support a party's right to
pursue the matter in court.
EXISTING LAW:
None.
JUSTIFICATION:
Many polling sites across the state are ill equipped to provide basic
access to people with disabilities. In turn, this has severely affected
their ability to go out and vote. Often times, such barriers as steep
steps and narrow doorways impede the only available routes to these
buildings. Entrances that are more accommodating to those with disabili-
ties are frequently obscured from view, due to a lack of proper signage.
Furthermore, many polling sites are located in basements, which can only
be reached by stairway. A lack of adequate handicapped parking spaces
has been a deterrent as well.
By mandating that all polling sites comply with these accessibility
guidelines, this law will help ensure that all people with disabilities
can be accommodated in a fair and equitable fashion at all polling
sites.
PRIOR LEGISLATIVE HISTORY:
2007-2008 S.6311 - Died in Senate
2005-2006 A.120 - Passed Assembly, Died in Senate
2003-2004 A.5473A - Passed Assembly, Died in Senate
2001-2002 A.10623 - Referred to Elections
LOCAL FISCAL IMPLICATIONS:
There are limited local fiscal implications.
EFFECTIVE DATE:
This act shall take effect on the fifteenth of December next succeeding
the date on which it shall have become a law.