Code Section Group

Elections Code - ELEC

DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402]

  ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. )

CHAPTER 3. Certification of Voting Systems [19200 - 19275]

  ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. )

ARTICLE 4. Accessible Voting Systems [19240 - 19246]
  ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

19240.
  

It is the intent of the Legislature that California voting system standards and elections comply with the provisions of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) that require voting systems be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as provided to other voters who are not disabled.

(Amended by Stats. 2015, Ch. 732, Sec. 34. (AB 1536) Effective January 1, 2016.)

19241.
  

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 that do not require sight.

(Added by renumbering Section 19226 by Stats. 2013, Ch. 602, Sec. 41. (SB 360) Effective January 1, 2014.)

19242.
  

(a) The Secretary of State shall adopt and publish rules and regulations governing any voting technology and systems used by the state or any political subdivision that provide voters with disabilities the access required under the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(b) At each polling place, at least one voting unit certified or conditionally approved by the Secretary of State shall provide voters with disabilities the access required under the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(c) A local agency is not required to comply with subdivision (b) in an election in which a candidate for federal office does not appear on the ballot unless sufficient funds are available to implement that provision. Funds received from the proceeds of the Voting Modernization Bond Act of 2002 (Article 5 (commencing with Section 19250)), 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.

(Amended by Stats. 2015, Ch. 732, Sec. 35. (AB 1536) Effective January 1, 2016.)

19243.
  

In requiring access for voters with disabilities 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.

(Added by renumbering Section 19227.5 by Stats. 2013, Ch. 602, Sec. 43. (SB 360) Effective January 1, 2014.)

19244.
  

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.

(Added by renumbering Section 19228 by Stats. 2013, Ch. 602, Sec. 44. (SB 360) Effective January 1, 2014.)

19245.
  

(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 purposes of this section, a cause of action for a continuing violation accrues at the time of the latest violation.

(Added by renumbering Section 19229 by Stats. 2013, Ch. 602, Sec. 45. (SB 360) Effective January 1, 2014.)

19246.
  

This article does not apply to voting by vote by mail ballot.

(Added by renumbering Section 19229.5 by Stats. 2013, Ch. 602, Sec. 46. (SB 360) Effective January 1, 2014.)

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